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HomeMy WebLinkAboutAgenda Packet City Council - 04/26/2016 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final-revised City Council Tuesday,April 26,2016 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 ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor David Bendett, Rock City Church. C. Pledge of Allegiance to the Flag of the United States to be led by Jim Davis, Director of Fleet Operations. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations: 1. 16-0467 Proclamation declaring April 29, 2016, "Corpus Christi American Federation of Teachers Day". Proclamation declaring May 5, 2016, "2016 Cinco de Mayo Celebration Day". Proclamation declaring May 14, 2016, "Lemonade Day Corpus Christi". Proclamation declaring May 1-7, 2016, "Children's Mental Health Awareness Week". Proclamation declaring May 1-7, 2016, "National Small Business Week". Commendation for Aislynn Campbell, Recipient of Farm Credit's 100 Fresh Perspectives Program. Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members. Corpus Christi Page 1 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. 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. BRIEFINGS: (ITEM 2) 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. 2. 16-0468 **This item will be presented at approximately 1:30** Discovery/ Discuss -Transportation Network Company Ordinance Reconsideration Attachments: Agenda Memo-TNC Ordinance Reconsideration Taxi Meter Rate Comparison VFH/Taxi Standards Spreadsheet- 16 Cities TNC Ordinance Standards Spreadsheet- 16 Cities Corpus Christi VFH Regulations Presentation -TNC Ordinance Reconsideration H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Corpus Christi Page 2 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 I. MINUTES: 3. 16-0466 Special and Regular Meetings of April 19, 2016 Attachments: Minutes (Special)-April 19, 2016 Minutes-April 19, 2016 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 4 - 12) 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. 4. 16-0392 Resolution approving a Developer Participation Agreement to reimburse developer for the City's cost to extend North Oso Parkway located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $499,302.42 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Attachments: Agenda Memo- Parkview Unit 5 Resolution with agreement- Parkview Unit 5 Location Maps- Parkview Unit 5 5. 16-0047 Authorizing a Service Agreement for Closed Circuit Televised Inspection of Small-Diameter Wastewater Lines Motion authorizing the City Manager, or designee, to enter into a service agreement for Closed Circuit Televised Inspection of Small-Diameter Wastewater Lines with Ace Pipe Cleaning of Kansas City, Missouri in Corpus Christi Page 3 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 accordance with Bid Event No. 90, based on lowest responsive, responsible bid, for an estimated annual expenditure of$1,908,132.00. Funds have been budgeted by the Wastewater Department in FY 2015-2016. Attachments: Agenda Memo-CCTV Inspection of Small-Diameter Wastewater Lines.docx Bid Tabulation-CCTV Inspection of Small-Diameter Wastewater Lines Service Agreement-CCTV Inspection Small Diameter WW Lines.pdf ACE Form 1295 6. 16-0375 Second Reading Ordinance - Rezoning property located at 5246 Lexington Road (1st Reading 4/19/16) Case No. 0316-01 May Dev., LP: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. The property is described as Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (March 23, 2016): 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 May Dev., LP ("Owner"), by changing the UDC Zoning Map in reference to Lot 6, Block 1, Bridgepoint Landing, 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- May Dev., LP Ordinance - May Dev., LP Location Maps- May Dev., LP Zoning Report-May Dev., LP 7. 16-0376 Second Reading Ordinance - Rezoning property located at 14806 Leeward Drive (1st Reading 4/19/16) Case No. 0316-03 Ocean Harbor 11, LLC: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay. The property is described as Lots 22, 23, and 24, Block 52, Padre Island-Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue. Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM-AT/10" Multifamily AT Corpus Christi Page 4 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay with ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Ocean Harbor 11, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 22, 23, and 24, Block 52, Padre Island-Corpus Christi Section B, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Ocean Harbor II, LLC Ordinance -Ocean Harbor II, LLC Location Maps-Ocean Harbor II, LLC Zoning Report-Ocean Harbor II, LLC 8. 16-0414 Second Reading Ordinance -Accepting and appropriating the Click It Or Ticket program grant within the Police Department (1st Reading 4/19/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$16,987.31 from the State of Texas, Department of Transportation for the FY2016 Click It Or Ticket program grant; and appropriating the $16,987.31 in the No. 1061 Police Grants Fund Attachments: Agenda Memo-Click it or Ticket 2016 Ordinance -Click it or Ticket 2016 9. 16-0389 Second Reading Ordinance -Accepting and appropriating the Houston High Intensity Drug Trafficking Area (HIDTA) grant funds within the Police Department (1st Reading 4/19/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- HIDTA grant award 04.12.2016 Ordinance - HIDTA grant 2016- Police Agreement-2016 signed HIDTA grant Corpus Christi Page 5 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 10. 16-0362 Second Reading Ordinance -Appropriating Federal grant amendment No. 2 for runway improvements at the airport(1st Reading 4/19/16) Ordinance appropriating $1,000,000 from Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for projects involving Runway 18/36, Runway 13/31, taxiways, and storm water improvements, with the 10% match provided from the Airport Capital Reserve Fund; and amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,000,000 each. Attachments: Agenda Memo- FAA Grant No. 49 Amendment No. 2 Ordinance - FAA Grant No. 49 Amendment 2 FAA Letter.pdf 11. 16-0308 Second Reading Ordinance -Amending City Code regarding Island Strategic Action Committee membership (1st Reading 4/19/16) Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee membership Attachments: Agenda Memo- ISAC Membership 3.21.16 Ordinance to Amend ISAC membership Letter of Support- ISAC Ordinance Amendment 12. 16-0391 Second Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road (1st Reading 4/19/16) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $104,080.31 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo- MPM Development, LP-Parkview Unit 1-vFinal Ordinance - MPM Development. LP-Parkview Unit 1-vFinal Location Maps- Parkview Unit 5 MPM Development, LP-Parkview Unit 1-vFinal M. EXECUTIVE SESSION: (ITEMS 13 - 14) Corpus Christi Page 6 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 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. 13. 16-0465 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. 14. 16-0387 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 industrial district agreement(s) and payments in lieu of taxes. N. PUBLIC HEARINGS: (NONE) O. REGULAR AGENDA: (ITEMS 15 - 16) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 15. 16-0164 Authorizing Lease Agreement for the operation of the City Detention and Magistration Center in Wilson Plaza Motion to authorize City Manager, or designee, to execute a Lease Agreement, between Wilson Plaza Associates LP., for the operation of the City Detention and Magistration Center Attachments: Agenda Memo- Lease Agreement for City Detention and Magistration Center Agreement- Lease Extension Previously approved Amendment-Lease Expansion 16. 16-0390 Second Reading Ordinance -Amending the Unified Development Code to improve its implementation (1st Reading 4/19/16) Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", subsection 3.10.1.A "Minor Plat", table 4.4.4 "Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and 4.6.2 "Permitted Uses" for single family, multifamily, commercial, and industrial districts, respectively, table 4.5.3 "Residential Development Standards", table 4.5.4 "Nonresidential Development" standards, table Corpus Christi Page 7 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific Standards" for game processing, subsection 5.3.2.C.1 "Fuel Pumps, Islands and Canopies", subsection 7.4.4.0 "Outside Storage", subsection 8.2.3.A "Utility Easements" and subsection 3.12.1 "Applicability" for special use exceptions; providing for severance; providing for penalties; and providing for publication. Attachments: Agenda Memo- UDC Text Amendments II 2016 Ordinance - UDC Text Amendments 11 2016 P. FIRST READING ORDINANCES: (ITEMS 17 -22) 17. 16-0227 First Reading Ordinance - Reclassifying 3 positions in the Fire Department Ordinance amending Ordinance No. 030620 by increasing the number of positions authorized for classification of"Battalion Chief' from ten (10) to thirteen (13) and decreasing the number of positions authorized for classification of"Fire Captain" from eighty-two (82) to seventy-nine (79). Attachments: Agenda Memo- Reclassification of 3 positions Ordinance - Reclassification of 3 positions Presentation - Fire 18. 16-0460 First Reading Ordinance - Mid-Year Budget Adjustment Ordinance amending current Operating Budget adopted by Ordinance No. 030620 as follows: (a) reduce General Fund revenues $8,000,000 due to decline in sales tax, industrial district agreement payments in lieu of taxes, and municipal court revenues; (b) increase revenues in General Fund and other funds $1,400,000 to rebate funds contributed for Municipal Information Systems, Fleet, and Development Services; (c) transfer$312,765.83 from the General Liability Fund to various funds to rebate property insurance savings; (d) appropriate $500,000 unreserved fund balance in Fleet Services Fund No. 5110 for Fire Department equipment and increase expenditures by $500,000 Attachments: Agenda Memo- FY 2016 Mid-Year Adjustment final Ordinance - FY 2016 Mid-Year Adjustment Exhibit A-Internal Service Rebates Exhibit B -General Liability Insurance Rebate Presentation - Mid Year Budget Adjustment 19. 16-0456 First Reading Ordinance -Accepting and appropriating State Homeland Security Grant funds for terrorism prevention and preparedness Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Governor's Homeland Corpus Christi Page 8 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 Security Grants Division in the amount of$153,145.51 for the Homeland Security Grant Program; and appropriating $153,145.51 from the Governor's Homeland Security Grants Division into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Attachments: Agenda Memo-State Homeland Security Grant Ordinance -State Homeland Security Grant Statements of Grant Awards 20. 16-0398 First Reading Ordinance - Consession and Lease Agreement for shoe shine services at Corpus Christi International Airport Ordinance authorizing the City Manager or designee to execute a concession and lease agreement with Carl Walker DBA Whatchamacaller's Place for shoe shine services at Corpus Christi International Airport for a period of 12 months. Attachments: Agenda Memo-Shoe Shine Concession and Lease Agreement Ordinance -Shoe Shine Concession and Lease Agreement Shoe Shine Concession and Lease Agreement Form 1295-Whatchamacaller's Place 21. 16-0426 First Reading Ordinance -Authorizing the sale of 112 foreclosed properties at a tax foreclosure auction Ordinance authorizing the sale of 112 properties, as shown on the attached and incorporated "2016 Resale Auction List", at a tax resale auction with opening bids of not less than 20% of the most recent tax appraisal value. Attachments: Agenda Memo- Property Tax Sales- 112 properties May 10, 2016.doc Ordinance -Tax Resale Ord 2016 vFinal 20160413.pdf Exhibit B -Tax Resale Letter from Linebarger 22. 16-0438 First Reading Ordinance - Change Order for Additional Professional Services For Development Services Infor Community Development Regulation (CDR) Project Ordinance appropriating $250,000 from the unreserved fund balance in Development Services Fund No. 4670 for implementation of the Infor Community Development Regulation module; amending the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $250,000; and authorizing the City Manager or designee to execute change orders for additional consulting services related to the Infor Community Development Regulation project. Corpus Christi Page 9 Printed on 4/25/2016 City Council Meeting Agenda-Final-revised April 26,2016 Attachments: Agenda Memo- Infor Change Order Ordinance - Infor CDR addl funds vFina13 20160414 Infor CDR Change Order Form 1295-Infor CDR Bentley CDR Change Order Form 1295-Bentley CDR Q. FUTURE AGENDA ITEMS: (ITEMS 23 - 24) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 16-0457 Change order for additional Professional Services In support of Infor Public Sector (IPS) - Utility Billing Project Motion authorizing the City Manager, or his designee, to execute a change order to the original scope of work in support of the implementation of the Infor Public Sector (IPS) for Utility Billing in the amount of$200,000. Attachments: Agenda Memo- Infor Utilities Change Order 4 11 2016 Change order- Utility Billing - Final with signatures 4 11 2016 Form 1295-Infor Utility Billing change order 20160414 24. 16-0409 Resolution authorizing outside city limit water contracts for properties in London Village Subdivision Resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with the property owners in the London Village Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. Attachments: Agenda Memo-London Village OCL Water Contract Resolution-Sample Water Contract- EX A ALL Location Maps- London Village Unit 1 R. ADJOURNMENT Corpus Christi Page 10 Printed on 4/25/2016 SC o� Va. U NCORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of April 26th 2016 DATE: April 20, 2016 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Interim Assistant City Manager Jayell@cctexas.com (361) 826 3898 Discovery / Discuss - Transportation Network Company Ordinance Reconsideration STAFF PRESENTER(S): Name Title/Position Department 1. Ron Olson City Manager City Manager's Office 2. E. Jay Ellington Interim Assistant City Manager City Manager's Office 3. David Blackmon Commander CCPD CCPD 4. Joseph "Buck" Brice Assistant City Attorney City Attorney's Office OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND: On March 8, 2016, the City Council passed Ordinance No. 030788 which defined regulations for Transportation Network Companies to operate in Corpus Christi. Upon consultation with the City Manager, the City Secretary did not publish Ordinance No. 030788 and as a result it has not yet become effective. On March 29, 2016, City Council voted to reconsider Ordinance No. 030788 directing the City Manager to bring Ordinance No. 030788 back without the inclusion of biometric fingerprint background checks to Council along with the City's current vehicles for hire ordinance within 30 to 60 days. LIST OF SUPPORTING DOCUMENTS: Presentation —Transportation Network Company Ordinance Reconsideration Taxi Meter Rate Comparison 16 Cities TNC Spreadsheet 16 Cities VFH Spreadsheet VFH Regulations 2016 Taxicab Meter Rate Comparison Initial Waiting City Initial Drop Meter Additional Additional First Each Mile Trip Fare Trip Fare Time Last Drop Fee Distance Time Rate Mile Rate Mile Mile After (5(Miles) (10 Miles) $/HR Increase Abilene $8.00 1 0.25 $2.00 1 $8.00 $2.00 $16.00 $32.00 $15.00 2014 Amarillo $4.75 1/5 $0.27 $0.35 1/5 $6.15 $1.75 $13.15 $26.30 $16.00 2007 Austin $2.50 1/7 $0.48 $0.30 1/7 $4.30 $2.10 $12.70 $25.40 $28.98 2011 Beaumont $2.75 1/10 $0.30 $0.20 1/10 $4.55 $2.00 $12.55 $25.10 $18.00 1 2011 Bryan Company Regulated** College Station Company Regulated** Corpus Christi $2.50 1/5 $0.40 $0.50 1/5 $4.50 $2.50 $14.50 $29.00 $24.00 2012 Dallas* $2.25 1/9 $0.45 $0.20 1/9 $3.85 $1.80 $11.05 $22.10 $30.00 2005 EI Paso $1.65 1/5 $0.45 $0.45 1/5 $3.45 $2.25 $12.45 $24.90 $27.00 2006 Fort Worth* $2.25 1/9 $0.45 $0.20 1/9 $3.85 $1.80 $11.05 $22.10 $30.00 2006 Houston $2.75 1/11 $0.40 $0.20 1/11 $4.45 $1.87 $11.93 $23.86 $24.00 2014 Midland $3.25 1/6 $0.25 $0.40 1/6 $5.25 $3.25 $18.25 $36.50 $15.00 2008 Waco Company Regulated** 2014 Some of the Information collected from Texas Municode Library https://www.municode.com/library/tx Some of the Information collected from http://www.franklinlegal.net/search-codes *Dallas&Fort Worth Timed meter rate is calculated$.45 at one and a half minutes **Company Regulated is that companies are on a flat competitive rate approved by the City Secretary's Office Calculation:Corpus Christi Drop Rate:$2.50 for the first 1/5th of a mile. $0.50 cents for each 1/5th of a mile afterwards=$2.50+.50+.50+.50+.50=$4.50 the first mile. 5 mile trip fare=4.50+2.50+2.50+2.50+ 2.50=$14.50&10mile trip fare=14.50*2=$29.00 Waiting Time=$0.40*60=$24.00 Vehicle For Hire / Taxi Standards TAXICOMPANY DRIVER VEHICLE AIRPORT Min#of Certificate of Local City Access Street Usage Finger Driver Medical Permit Licensing Fee Vehicle Fire Age of Vehicle Permit Required User Trip Fee Vehicles Operation Office to Records Fee Printing Training Inspection Extinguishers $1e00 per Carpus Christi $250 per 5 $50 for 2 6 begin service 10/12 3 years yes yes mere yes yes yes years $15 City Yes max 10 years $50 per Month no Quarterly e Abilen $100 yearly no no none no no no $25 $25 State no None Abilene none $100 no Amarillo $100 initial a $75 per year 9/14 none then$50 no Yes per-hide no yes $6 per year none city no None $6 per Year no ear Austin 11/14 25 Set by Council no yes Set by Council no yes no Yes Set by Council city yes None no $1 per Trip r yes Beaumont nt none $100 per year no yes $75�per-hide no no no $15 per year rwrre city no None no no Bryan $50 per yes yes 04/16 none no no per-hider no no no No none State yes None n/a n/a College Station none $50 one time no yes none no no no Yes no fee $10 City yes None n/a n/a 1/14 fee DFW Operating Fee$600/Yr Permit $4 Access Fee Dallas $53 for 2 $3 per year per 4/15 none $282 per yr. no yes none no yes no years vehicle Third Party no None Drive: App:$40/Yr Love Field$2.50 Decal Fee:$20/Yr Love Pickup Only Field None EI Paso $139 one time no yes $150 per year no yes yes 14 31 City Quarterly yes 9 years $250 Year or$20.83 1/06 noneper-hide no no Fart Worth 50 1000 per year no yes $200 alt.fuel yes yes No,drug Yes no fee $35 for 2 years City yes 5 years n/a n/a 8/14 $300 regular test Galveston6yrs koro whaty 8/14 3 $150 per yr yes yes none no no yes yes none city yes aver ) n/a n/a Houston 27.66 per $553.41 6yrs/100k begin Per Departure: 1/16 25 vehicle yes yes none yes yes yes $11.06 nual per city yes rvice no HOU$1.25/TAH vehicle ax 10 years $2.75 Lubbock1/11 1 $75 no yes $100 year yes no no Yes no fee $40 city no None $100 Month 11/11 none $75 Midland $200 per year yes within yes yes yes$25 yr None 6/08 none unty rune no none n/a City yes yes$25 per month no Odessa5 $22 per 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Lubbock 1s0k Mitl1aM $3,000 ys, c annual gs.00 n" n" rspmsble/s 1, vs— dry Repulmrems srrs« .11a repuxm n/a $zso 3 ivas mons —Nw en_awr 1212015 Otlessa 1216 3rtlC 4aax//B2 W > rips frau foo m$vim emwrrear bam m n d mm�mre laeomme S 10/2015 dy., A.�n Add—dle no YsM­ Nvea,aYe zr® no ine u sin n yra.,y'®�year,ar a Rner®rs repuxea n" $1.00 pa trip 05/20 �nml mo inmesamdTe n" Ys r nb no n" [r ma, mea mw. ..diad n" nb n/a nb xpeogc—oren -ms oNinarce peMi�g caunal Approval Corpus Christi Vehicle for Hire Regulations Section Ordinance Language Chapter 57-84 Top light indicating occupancy of taxi There shall be affixed on the outside top and front portion of each taxicab an electric light that can be turned on or a flag, signal or other device that may easily be seen by people on the street or sidewalks in the vicinity of such taxicab, and when a passenger engages and enters such taxicab the light shall be turned on or the flag, signal or other device shall be placed in such position as to denote that such taxicab is employed. Chapter 57-99 Geographic test The taxicab inspector shall require a written geography test of each applicant for a taxicab driver's permit covering knowledge of city streets, buildings, etc.,to be composed by and at the discretion of the taxicab inspector. Until such applicant is duly qualified in his knowledge of city geography,the taxicab inspector shall not grant a city taxicab driver's permit to such applicant Chapter 57-105 Neat and clean appearance of drivers It shall be the responsibility of every certificate holder to require and to ensure that his or her drivers are neat and clean in appearance while on duty.All certificate holders shall require a driver employed or under contractual agreement with said holder to comply with the following: (1)All male drivers shall wear full length pants or shorts commonly referred to as Bermuda shorts or cargo shorts,with a finished hem, shirts with sleeves and collars, socks and closed-toed shoes. (2)All female drivers shall wear full length slacks or shorts commonly referred to as Bermuda shorts or cargo shorts,with a finished hem, regular length skirts, blouses, socks or stockings and closed-toed shoes. (continues) Sec.57-85. Dispatch communication system After June 31, 2013, each vehicle used as a taxicab shall be equipped with a two-way radio dispatch communications system or a mobile data terminal to enable the driver of the taxicab to receive requests for service from the public using the business telephone number of the taxicab service and to respond or communicate such circumstances which render the taxicab unable to respond to such requests for service. City of Corpus Christi Vehicle for Hire/ Taxi Ordinance Discover, Discuss & Decide Process April 26, 2016 Timeline April 26 Discovery/Discuss Staff Respond to Questions from April 191h TNC Skype Session for Available Texas Cities Representatives May 10 Discuss/ Direction 17 2nd Reading? 24 2nd Reading? Discovery Timeline April 26 Discovery/Discuss— TNC Ordinance Staff Response to Council Questions 4.19.16 SKYPE Interviews with Available Personnel May 10 Discuss/ Direction 17 2nd Reading 24 2nd Reading ��, • - Session City Leaders Contacted Questions Asked of City Leaders Austin:Robert Spillar,Director of Transportation 1. If you have updated your Vehicle for Hire/Taxi Ordinance since 2014, please explain what factors led to this update? College Station:Jennifer Ginsel,Police Assistant 2. If your city's Vehicle for Hire Ordinance or Transportation Network Dallas:Eileen Youens,Assistant City Attorney Company Ordinance does NOT require Biometric Fingerprinting of Drivers,please briefly explain your justification for not including this Houston:Alexander Heim,Management Analyst requirement. Lara Cottingham,Assistant Director Regulation 3. Please provide your current Vehicle for Hire/Taxi permitting fee San Antonio:Douglas Greene,Public Information schedule and what said fees support. 4. Does your Vehicle for Hire Ordinance or Transportation Network Company Ordinance have an auditing process? If so,what measures are involved? 5. Has your city ever conducted a Taxi Company or TNC Company Focus Group to address current or proposed ordinance changes? What was the outcome of said Focus Groups? 4 Council Questions Questions Asked by City Council on April 19th, 2016 ktJ 1. Add Midland and Galveston to our City Summary Spreadsheets O.! 2. Skype Interviews:Austin, College Station, Dallas, Houston,San Antonio 3. How are the monies received by the City from Vehicle For Hire Permits used? 4. Elaborate on Corpus Christi VFH regulations that local drivers feel are outdated ` Questions Response Questions Asked by City Council on April 19th, 2016 3. How are the monies received by the City from Vehicle For Hire Permits used? Questions Response Questions Asked by City Council on April 19th, 2016 4. Elaborate about VFH regulations that drivers feel are outdated Top Light Chapter 57-84: Top light indicating occupancy of taxi There shall be affixed on the outside top and front portion of each taxicab an electric light that can be turned on or a flag,signal or other device that may easily be seen by people on the street or sidewalks in the vicinity of such taxicab,and when a passenger engages and enters such taxicab the light shall be turned on or the flag,signal or other device shall be placed in such position as to denote that such taxicab is employed. 2 Way Radio Chapter 57-85: Dispatch communication system After June 31,2013,each vehicle used as a taxicab shall be equipped with a two-way radio dispatch communications system or a mobile data terminal to enable the driver of the taxicab to receive requests for service from the public using the business telephone number of the taxicab service and to respond or communicate such circumstances which render the taxicab unable to respond to such requests for service. Geographic Chapter 57-99: Geographic test The taxicab inspector shall require a written geography test of each applicant for a taxicab driver's permit Test covering knowledge of city streets,buildings,etc.,to be composed by and at the discretion of the taxicab inspector.Until such applicant is duly qualified in his knowledge of city geography,the taxicab inspector shall not grant a city taxicab driver's permit to such applicant Driver Chapter 57-105: Neat and clean appearance of drivers It shall be the responsibility of every certificate holder to require and to ensure that Appearance/ his or her drivers are neat and clean in appearance while on duty.All certificate holders shall require a driver employed or under contractual Clothing agreement with said holder to comply with the following:(1)All male drivers shall wear full length pants or shorts commonly referred to as Bermuda shorts or cargo shorts,with a finished hem,shirts with sleeves and collars,socks and closed-toed shoes. (2)All female drivers shall wear full length slacks or shorts commonly referred to as Bermuda shorts or cargo shorts,with a finished hem, regular length skirts,blouses,socks or stockings and closed-toed shoes. 7 Questions Questions for Staff Regarding Any Topics Covered? Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 y cctexas.com Meeting Minutes Special City Council Meeting Tuesday,April 19,2016 9:00 AM Council Chambers Building Standards Board Appeals 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 Pro Tem Rudy Garza called the meeting to order at 9:04 a.m. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. Pastor Kevin Jennings gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Valerie Gray, Executive Director of Public Works. Executive Director of Public Works Valerie Gray 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 9:11 a.m.) Charter Officers: City Manager Ron Olson (arrived at 9:08 a.m.), Senior Assistant City Attorney Lisa Aguilar, and City Secretary Rebecca Huerta. Present 7- Mayor Nelda Martinez, Carolyn Vaughn, Mark Scott, Rudy Garza, Chad Magill, Brian Rosas, and Michael Hunter Absent 2- Colleen McIntyre, and Lucy Rubio E. Each Appeal will proceed using the following format: Senior Assistant City Attorney Lisa Aguilar provided an overview of the procedures for the Building Standards Board appeals as stated in the agenda. Senior Assistant City Attorney Aguilar explained the three options for Council Action: 1)To deny the appeal (upholding the decision of the Building Standards Board's decision);2) To sustain the appeal (reversing the decision Corpus Christi Page 1 Printed on 4/22/2016 Special City Council Meeting Meeting Minutes April 19,2016 of the Building Standards Board); or 3) To amend the decision of the Building Standards Board (in whole or in part). F. APPEALS OF DECISIONS OF THE BUILDING STANDARDS BOARD: Oscar De Los Santos: 3769 Wilson Drive 1. Consideration of an appeal filed by Oscar De Los Santos of the Building Standards Board's decision to require demolition of the residential and accessory structures on the property located at 3769 Wilson Drive. Mayor Pro Tem Garza referred to Item 1. City Secretary Rebecca Huerta announced that Oscar De Los Santos sent an email yesterday requesting that the appeal hearing be reset because he is unable to travel to Corpus Christi due to bad weather conditions in the City of Houston.Assistant City Attorney Yvette Aguilar said that staff has no objection because the weather is beyond the appellant's control. Mayor Martinez made a motion to reset the appeal filed by Oscar De Los Santos of the Building Standards Board's decision to require demolition of the residential and accessory structures on the property located at 3769 Wilson Drive to a future date,seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 6- Mayor Martinez, Vaughn, Scott, Garza, Rosas, and Hunter Absent: 3- McIntyre, Rubio, and Magill Abstained: 0 Enactment No: M2016-034 Corpus Christi Note Acquisitions, LLC: 625 Gordon Street 2. Consideration of a motion to approve or deny the Appellant's request for a reset Mayor Pro Tem Garza referred to Item 2.Attorney Tim Dowling, representing Corpus Christi Note Acquisitions, LLC stated that the owner is requesting to reset the hearing for the following reasons: 1)the property is currently involved in litigation;2)changes the City is considering to the current building code that states that if the property exceeds 50% of the value,the entire building be brought up to code. Mr. Dowling said that if the elimination of this code requirement is adopted, it would have a big effect of the rehabilitation of the property; and 3)the owner is not available to be physically present at the meeting, only through Skype. Mr. Dowling reiterated his request to reset the hearing to June to allow the owner to get the litigation resolved and see if the building code will change in May. Assistant City Attorney Yvette Aguilar stated that as the Legal Advisor to the Code Enforcement Division of the Police Department,she is recommending rejecting the request to reset the appeal.Assistant City Attorney Aguilar stated the following reasons:there is no procedural requirement for the Appellant be Corpus Christi Page 2 Printed on 4/22/2016 Special City Council Meeting Meeting Minutes April 19,2016 present at the appeal hearing;the Appellant has never personally appeared at any of the Building Standards Board's hearings previously held;the Appellant is represented by Counsel;the Appellant's Counsel was given the opportunity to provide available dates and the Appellant did not take advantage of this opportunity;the lis pendens litigation is irrelevant to the appeal; any changes to future codes are irrelevant; and further delays of this appeal will result in additional financial burden on the City. Mr. Dowling argued that the lis pendens will need to be resolved in order for the owner of the property to secure a loan for repairs;the owner has a proven track record on previous properties; and the owner could not leave every Tuesday in April open and had a previous conflict. Mayor Pro Tem Garza opened the public hearing. Ericha Kemm, 507 Ralston, spoke in support of denying the Appellant's request to reset the hearing. Ms. Kemm said the property has multiple violations and is a public health and safety issue. Mayor Pro Tem Garza closed the public hearing. Mayor Martinez made a motion to deny the Appellant's request for a reset of the appeal filed on behalf of Corpus Christi Note Acquisitions, LLC of the Building Standards Board's decision to require demolition of the buildings and structures on property located at 625 Gordon Street, seconded by Council Member Rosas. This Motion to deny the Appellant's request for a reset was passed and approved with the following vote: Aye: 7- Mayor Martinez, Vaughn, Scott, Garza, Magill, Rosas, and Hunter Absent: 2- McIntyre, and Rubio Abstained: 0 Enactment No: M2016-035 3. Consideration of an appeal filed on behalf of Corpus Christi Note Acquisitions, LLC of the Building Standards Board's decision to require demolition of the buildings and structures on property located at 625 Gordon Street. Mayor Pro Tem Garza referred to Item 3.A majority of the City Council had no objections to the owner, Gen Shibayama, participating via Skype at today's meeting. Code Enforcement Official Rebecca Pezzi presented a statement of facts for the property located at 625 Gordon including:the initial complaint from occupants and tenants about the living conditions in May 2014;the violations on the property including: high weeds, raw sewage, litter,solid waste, fire damage as a result of arson, heavy deterioration of the structure; signs of neglect indicating that the owner is not securing the property and maintaining the property;the property is an unattractive nuisance and vandalism and graffiti have occurred;the property is extremely dangerous and deemed substandard;the property is in close proximity to Ray High School and has become an attractive nuisance to children who might play near the structure, harbors vagrants, criminals or immoral persons. The representatives for the Appellant were informed that they would be provided an opportunity to make improvements and were required by the Building Standards Board (Board)to make an effort to secure and maintain the property. The City has tried to work Corpus Christi Page 3 Printed on 4/22/2016 Special City Council Meeting Meeting Minutes April 19,2016 with the owner. At the Building Standards Board hearing on September 24, 2015, neither the owner nor any representatives appeared on behalf of the owner. The City was had to fill the pool, board up openings, maintain the grass and secure the fence, and conduct daily security checks by the Fire and Police Departments and as of this morning,the City has spent a total of$24,944.50 abating this property. Staff recommends that the City Council uphold the Board's order to demolish. Police Commander David Blackmon stated that this case has been on-going for two years and is a health and safety issue to the community that should be resolved immediately. Mr. Dowling said that there is no denying that there are problems with the property,the question today is whether the property is so bad that it needs to be demolished. Mr. Dowling provided information on how the owner, Gen Shibayama, acquired the property;the history of the problems with the property; and the owner's debt on the property. Mr. Dowling said the owner "took the high road" by evicting the tenants of the property instead of allow them to live in such conditions. Mr. Dowling referred to the Engineer's Report and stated that the report's findings indicate that, overall the building is structurally sound. Mr. Dowling provided an overview of the following: Mr. Shibayama's resume and extensive building experience,specifically in affordable housing;the lis pendens filings; the Nueces County Appraisal District property value detail; and responses to the raw sewage complaints and investigation report submitted by the Health Department. Gen Shibayama, via Skype, apologized for not being able to attend today's hearing. Mr. Shibayama stated that he has made a significant investment in the property and feels that the property at Gordon Street is structurally in good condition. He reported that because of the code enforcement issues, he did have the tenants evicted from the property. Mr. Shibayama said he is committed to rehabilitating the property to provide low income apartment housing. Mr. Dowling presented before and after photos of other projects that Mr. Shibayama has rehabilitated. Mr. Dowling stated that it would be manifestly unfair to demolish the property. Mr. Dowling stated that the owner is requesting the following action:that the owner report to the City staff, a status by June 6,2016(approximately 30 days after the expected ruling on the arbitration), and report every 90 days thereafter. If the City staff believe the owner is not making adequate progress to provide affordable housing,staff can bring back to the Building Standards Board that the property be demolished. Mr. Dowling stated for the record that his request for additional time was denied. Mayor Pro Tem Garza opened the public hearing. Ericha Kemm, 507 Ralston, and Adam Chavarria, 617 Hoffman Street spoke in support of the Building Standards Board's decision to require demolition. Cass Gabriel spoke in support of Mr. Shibayama's ability to improve and rehabilitate the property to create affordable housing and requested that the City Council amend the Building Standards Board's decision to demolish and allow Mr. Shibayama more time. Mayor Pro Tem Garza closed the public hearing. Assistant City Attorney Aguilar provided a packet of the applicable and relevant laws relating to the case. Assistant City Attorney Aguilar stated that the relevant laws provide the City Council with guidance in the arduous task of determining whether to uphold, reverse or modify the order of the Building Standards Board as it relates to the structures located at 625 Gordon Street. Assistant City Attorney Aguilar stated that the following are the facts of the appeal: the Appellant has not alleged and shown that the Board's decision is Corpus Christi Page 4 Printed on 4/22/2016 Special City Council Meeting Meeting Minutes April 19,2016 erroneous; the Appellant has not alleged and shown that the Board's decision would cause undue hardship; and the Appellant has not alleged and shown that enforcement of the Board's order or any provision of the Code would be manifestly unjust and contrary to the public's interest. Assistant City Attorney Aguilar stated that this is a dangerous property, an unattractive nuisance and the public needs to be protected due to the lack of responsibility on the part of the owner. The City has given the owner every opportunity to take responsibility for the property and comply with the City's Codes and the owner has failed to properly maintain the property or pay property taxes. The property's condition has caused a tremendous strain on multiple departments in order to secure the health and safety of the citizens who come upon the building.Assistant City Attorney Aguilar stated that the basis of this appeal is purely financial and economic. The Appellant is trying to obtain necessary financing or locate a buyer for the property, demonstrating the true purpose of seeking this appeal that being to delay demolition and repairs because he cannot afford to properly care for this property. Mr. Dowling responded that the owner does not intend to sell the property, he wants to rehabilitate it. The owner has made a reasonable effort by removing the tenants and placing a fence around the property. The property has not been rehabilitated because of the lis pendes. Mr. Dowling stated that the owner has a proven track record at other properties near this property, and it is in his best interest to rehabilitate to improve property values. Mr. Dowling requested that the City Council support the owner's request for additional time to rehabilitate this property. Mayor Martinez made a motion to deny the appeal by approving the proposed resolution upholding the Building Standards Board's order to demolish the buildings and structures on the property located at 625 Gordon,seconded by Council Member Rosas. No action was taken on this motion. Council members spoke regarding the following topics:the code violations at the property;the health and safety of the community;the owner's failure to pay taxes on the property and lack of attempt to reimburse the City for incurred costs. City Secretary Rebecca Huerta stated that Assistant City Attorney Aguilar has presented an amended resolution. Assistant City Attorney Aguilar provided a brief overview of the amendments to the resolution. Mayor Martinez made a motion to amend the resolution as presented by Assistant City Attorney Aguilar,seconded by Council Member Vaughn and passed unanimously. Mayor Martinez made a motion to approve the resolution as amended, seconded by Council Member Rosas. This Resolution was passed as amended and approved with the following vote: Aye: 7- Mayor Martinez, Vaughn, Scott, Garza, Magill, Rosas, and Hunter Absent: 2- McIntyre, and Rubio Abstained: 0 Enactment No: 030813 Corpus Christi Page 5 Printed on 4/22/2016 Special City Council Meeting Meeting Minutes April 19,2016 G. Adjournment* The meeting was adjourned at 10:40 a.m. *Meeting may be temporarily recessed and continued to any time on the date of the meeting. Corpus Christi Page 6 Printed on 4/22/2016 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday,April 19,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Elder Jimmy Perez -The Summit Church. Mayor Martinez called for a moment of silence for David Edward Gaona, a City employee who recently passed away. Elder Jimmy Perez gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Yasmine Chapman, Director of Human Resources. Assistant Director of Maintenance of Lines 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. (Note: Council Member McIntyre arrived at 11:39 a.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring April 21, 2016, "Affordable Housing Summit 2016 Day". Proclamation declaring April 23, 2016, "Take A Walk on the Beachwalk Day". Corpus Christi Page 1 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Proclamation declaring April 29, 2016, "15th Annual Corpus Christi Technology Olympics Day". Proclamation declaring April 24-30, 2016, "Medical Laboratory Professionals Week". Mayor Martinez presented the proclamations. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson stated that he had nothing to report. a. OTHER None. H. MINUTES: 2. Regular Meeting of April 12, 2016 Mayor Martinez referred to approval of the minutes. A motion was made by Council Member Rudy Garza,seconded by Council Member Brian Rosas,that the Minutes be passed. The motion carried by a unanimous vote. I. BOARD &COMMITTEE APPOINTMENTS: 3. Building Standards Board Landmark Commission Leadership Committee for Senior Services Reinvestment Zone No. 3 Board Transportation Advisory Commission Watershore and Beach Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Building Standards Board Council Member Magill made a motion to appoint Gary K.Adams (At-Large), seconded by Council Member McIntyre and passed unanimously. Landmark Commission Council Member McIntyre made a motion to appoint Shawn A. Reader (Historian), seconded by Council Member Garza and passed unanimously. Council Member Magill made a motion to appoint Denise Gallimore(Licensed Real Estate Salesperson),seconded by Council Member McIntyre and passed unanimously. Corpus Christi Page 2 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Council Member Magill made a motion to appoint Randy J. Dees, Sr. (Regular Member),seconded by Council Member McIntyre and passed unanimously. Council Member Garza made a motion to appoint Matt Martini (Title Search), seconded by Council Member Magill and passed unanimously. Leadership Committee for Senior Services Council Member McIntyre made a motion to appoint Sonny Fierro(Community Rep.), Peggie A. Lewis (Community Rep.), Patricia O'Brien (Community Rep.), Joanne Garcia(Direct Service Agency Rep.),Joshua Lawrence(Direct Service Agency Rep.), and Regina Chapa(Senior Center Participant), seconded by Council Member Magill and passed unanimously. Reinvestment Zone No. 3 Board Council Member McIntyre made a motion to reappoint Chad Magill and Brian Rosas, seconded by Council Member Rosas and passed unanimously. Council Member McIntyre made a motion to appoint Michael T. Hunter, seconded by Council Member Garza and passed unanimously. Transportation Advisory Commission Council Member Scott made a motion to reappoint Elena Buentello, Scott Harris, and Robert Saldana,seconded by Council Member Magill and passed unanimously. Watershore and Beach Advisory Committee Council Member Magill made a motion to appoint Jyoti Patel (Hotel/Condo Owner/Rep. located on North Padre Island or Mustang Island),seconded by Council Member McIntyre and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEM 5) 5. Appointing Council Member Michael T. Hunter to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Member Michael T. Hunter as a Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Mayor Martinez deviated from the agenda and referred to Item 5, appointing Council Member Michael T. Hunter to the Corpus Christi Housing Finance Corpus Christi Page 3 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Corporation and the Corpus Christi Industrial Development Corporation. Council Member Magill made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-037 O. RECESS FOR CORPORATION MEETING: (ITEM 33) Mayor Martinez deviated from the agenda and referred to Item 33. Mayor Martinez recessed the Regular Council meeting to hold the Annual Board Meeting of the Corpus Christi Housing Finance Corporation. 33. Annual Board Meeting of the Corpus Christi Housing Finance Corporation This Corporation Meeting was held. P. RECONVENE CITY COUNCIL MEETING: Mayor Martinez recovened the Regular Council meeting. 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. 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. Jack Gordy,4118 Bray,spoke regarding the palm trees located on the sidewalk on Airline Road and requested that this item be placed on the Council agenda for discussion. Colin Sykes, 309 Aberdeen, spoke regarding improving communication between the public and the City Council and requested a resolution be passed showing local support for Citizens United. Cheryl Martinez, 3938 Surfside, stated People Assisting Animal Control (PAAC) brought in a consultant to look at PAAC's programs as well as the City's Animal Care programs. Based on the findings from the consultant,there will be two free spay and neuter surgery days held twice-a-month beginning May 27, 2016 in selected areas. Libby Edwards, 14158 Cutlass, reported on the following topics discussed at the April 12,2016 Island Strategic Action Committee (ISAC)meeting: 1)support for moving forward with Park Road 22 Bridge; 2) naming access roads consistent with mile marker locations; 3) Corpus Christi Page 4 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 support for the City to amend its current permit to allow Beach Operations to move the sand seaward; 4) request for City support for the Island's July 4th event; and 5)support to amend the Code of Ordinances to add an additional member to the ISAC committee who resides on Mustang Island or who is an employee of a Mustang Island property owner. Susie Luna Saldana,4710 Hakel, spoke regarding City employees running for a political office and requested consideration that those City employees take a leave of absence. Ms. Saldana also addressed storm debris cleanup on the westside of the City. Aristeo Martinez, 6249 Choctaw Drive, spoke regarding the condition of Nesbitt Street from Sunnybrook to McArdle and the need for speed bumps or a street light near Barcelona Estates. S. BRIEFINGS: (ITEM 43) 43. Harbor Bridge Replacement Project Mayor Martinez deviated from the agenda and referred to Item 43. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to provide an update on the Harbor Bridge Replacement Project. Ms. Gray said the project is currently in the design phase. The presentation will focus on design elements enhancing mobility. Ms Gray introduced the presentation team:Valente Olivarez, Deputy District Engineering -Texas Department of Transportation; Darrell Chambers, Traffic Control Engineer-Flatiron/Dragados, LLC; and Linda Figg, President/CEO of Figg Bridge. Ms. Figg explained that the new Harbor Bridge will be an iconic bridge setting a record with a 1,655 foot main span, making it the longest cable stay span in North America. Ms. Figg presented the following information: rendering views of the bridge from Whataburger Field;the proposed iconic nighttime aesthetics; the interchange enhancements by eliminating 6 signals and replacing them with free flowing gateways; enhanced access to North Beach, the SEA District, and neighborhood areas;the bicycle and pedestrian connectivity elements;the visual enhancements including:the northbound bridge landscape gateway and shared use path gateway entrance, community plaza concepts, the North Beach Area shared use path gateway entrance, a shared use path belvedere on the bridge; and community involvement. Council members spoke regarding the following topics: examples on mobility by eliminating the 6 traffic signals;the timeframe for completion of the project; anticipated groundbreaking for the bridge; sustainability of the bridge; the lift and approach of the bridge; an on-line design charette application to give the public an opportunity to select aesthetic features;the dedicated bicycle lanes; energy efficiency LEED certification; and whether traffic model studies have been performed. K. CONSENT AGENDA: (ITEMS 4, 6 - 18) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Magill, seconded by Council Member Corpus Christi Page 5 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 McIntyre,to approve the Consent Agenda. The motion carried by the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 4. Appointing Council Member Michael T. Hunter to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing City Council Member Michael T. Hunter as board member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. This Motion was passed on the Consent Agenda. Enactment No: M2016-036 6. Engineering Design Contract for the equipment in the Traffic Management Center under the Signal Improvement and Street Lighting (Bond 2012) Proposition 1 project Motion authorizing the City Manager, or designee, to execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas in the amount of$697,785.18 to complete the design and implementation of the Traffic Signal Management Equipment in the new Traffic Management Center (TMC) (Bond 2012 Proposition 1 Signal Improvements & Street Lighting project) This Motion was passed on the Consent Agenda. Enactment No: M2016-038 7. Engineering Design Contract Amendment No 4 for O.N. Stevens Raw Water Influent Improvements Motion authorizing the City Manager, or designee, to proceed with design, bid and construction phase services by executing Amendment No. 4 with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$650,729 for a total restated fee not to exceed $2,639,549 for O.N. Stevens Raw Water Influent Improvements. This Motion was passed on the Consent Agenda. Enactment No: M2016-039 Corpus Christi Page 6 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 8. Engineering Design Contract for O.N. Stevens Facilities Feed Optimization Improvements Motion authorizing the City Manager, or designee, to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of$1,091,812 for O.N. Stevens Facilities Feed Optimization Improvements for design, bid and construction phase services. This Motion was passed on the Consent Agenda. Enactment No: M2016-040 9. Construction Contract and Construction Materials Testing Agreement for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) Motion authorizing the City Manager or designee to execute a construction contract with CB&I, Inc. of The Woodlands, Texas in the amount of$9,245,050 for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation, Phase 2) for the Base Bid plus Additive Alternates No. 2 and 4 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $63,400 for the Elevated Water Storage Tanks. This Motion was passed on the Consent Agenda. Enactment No: M2016-041 10. Authorizing a construction contract for Citywide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part B with 4 optional one year extensions to be administratively approved Motion authorizing the City Manager or designee to execute a multi-year construction IDIQ contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of$1,875,000 for the Citywide Collection System Pipebursting Project. Contract renewals for four (4) optional future years will be administratively approved. This Motion was passed on the Consent Agenda. Enactment No: M2016-042 11. Resolution authorizing a service agreement for management and operation of the City's employer-sponsored Wellness Clinic Resolution authorizing the City Manager or designee to negotiate and execute a service agreement with Concentra Health Services, Inc., to provide management and operation of the City's employer-sponsored Corpus Christi Page 7 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Wellness Clinic for a two-year term, with up to three one-year extensions. This Resolution was passed on the Consent Agenda. Enactment No: 030814 12. Resolution approving Second Amended Interlocal Cooperation Agreement for Tax Increment Reinvestment Zone Three Resolution authorizing the City Manager to execute a Second Amended Interlocal Cooperation Agreement with Del Mar College District, relating to the participation of the City and Del Mar College District in Reinvestment Zone Three, City of Corpus Christi Texas This Resolution was passed on the Consent Agenda. Enactment No: 030815 13. Second Reading Ordinance - Rezoning property located at 2918, 2922, 2926 and 2930 Highland Avenue (1st Reading 4/12/16) Case No. 0216-02 Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna: A change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. The property is described as being Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, located near the northeast corner of Highland Avenue and Duncan Street. Planning Commission and Staff Recommendation (March 9, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Julio C. and Minerva E. Reyna and Jose Luis Rodriguez and Maria Juliana Luna ("Owners"), by changing the UDC Zoning Map in reference to Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose Park, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030816 14. Second Reading Ordinance -Appropriating funds from utility customer donations for the Arts & Cultural Commission (ACC) (1st Reading 4/12/16) Ordinance appropriating $4,290.08 in City utility customer donations in Corpus Christi Page 8 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission and amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $4,290.08. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030817 15. Second Reading Ordinance -Approving Annual Ordinance for Select Parks and Recreation Grants (1st Reading 4/12/16) Ordinance authorizing the City Manager or designee to execute documents to apply for and accept grants from the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, Corporation for National and Community Service for the RSVP (Retired and Senior Volunteer Program) and the Senior Companion Program, and grants from the Texas Department of Agriculture for the Summer Food Service Program, Afterschool Snack Program, and Texan's Feeding Texans program and upon receipt, to appropriate funds in the No. 1067 Park Grants Fund for said city programs. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030818 16. Second Reading Ordinance -Amending the Urban Transportation Plan deleting the extension of First National Boulevard between Compton Road and Graham Road (1st Reading 4/12/16) Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deletion of the extension of First National Boulevard; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030819 17. Second Reading Ordinance -Appropriating funds and approving the four agreements with American Electric Power (AEP) for the Installation of LED Street Lights on North Beach at City Parks along the Beach Walk (1st Reading 4/12/16) Ordinance appropriating $99,557 from unreserved fund balance in the No. 1040 Parking Improvement Fund; authorizing the City Manager, or designee, to approve Contribution-In-Aid-Of-Construction Agreements with American Electric Power (AEP) for a total of$149,958.41, for the Corpus Christi Page 9 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 installation of the LED lighting improvements on North Beach at City parks along the Beach Walk; and amending the FY 2015-2016 Operating Budget adopted by Ordinance 030620 by increasing expenditures by $99,557. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030820 18. Second Reading Ordinance -Amending ordinance to Prohibit parking on Leopard Street from Rose Street to Pierpont Street in front of Fire Station No. 5 (1st Reading 4/12/16) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-252 Schedule III - Parking prohibited at all times on certain streets by adding Leopard Street, south side, from Rose Street to Pierpont Street. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030821 L. EXECUTIVE SESSION: (ITEMS 19 - 23) Mayor Martinez referred to the day's executive sessions. The Council went into executive session. Council Member Magill recused himself from the discussion on Item 22. Council Member Scott recused himself from Item 21. 19. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E-Session Item was discussed in executive session. 20. 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 City's Code of Ethics and City's Ethics Commission and legal representation of Ethics Commission regarding said issues. This E-Session Item was discussed in executive session. 21. 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 conveyance, lease, and sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property located at 5151 McArdle Road known as Mt. Vernon Park when deliberation in open meeting would have a detrimental effect on the position of the governmental body in Corpus Christi Page 10 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 negotiations with a third person. This E-Session Item was discussed in executive session. City Secretary Huerta announced that Council Member Scott recused himself from the discussion on Item 21. 22. 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 extraterritorial jurisdiction and City boundaries, including, but not limited to, annexation and rights and remedies pursuant to Chapter 43 of the Texas Local Government Code, and certificates of convenience and necessity. This E-Session Item was discussed in executive session. City Secretary Huerta announced that Council Magill recused himself from the discussion on Item 22. 23. 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 pending and potential employment law litigation against the City. This E-Session Item was discussed in executive session. M. PUBLIC HEARINGS: (ITEMS 24 -26) 24. Public Hearing and First Reading Ordinance - Rezoning property located at 5246 Lexington Road Case No. 0316-01 May Dev., LP: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. The property is described as Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (March 23, 2016): 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 May Dev., LP ("Owner"), by changing the UDC Zoning Map in reference to Lot 6, Block 1, Bridgepoint Landing, 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 24. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property for general commercial uses. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Corpus Christi Page 11 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 25. Public Hearing and First Reading Ordinance - Rezoning property located at 14806 Leeward Drive Case No. 0316-03 Ocean Harbor 11, LLC: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay. The property is described as Lots 22, 23, and 24, Block 52, Padre Island-Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue. Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay with ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Ocean Harbor 11, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 22, 23, and 24, Block 52, Padre Island-Corpus Christi Section B, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 25. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to allow for a 24-unit townhouse development that deviates from the typical standards. Mr. McGinn 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 Garza made a motion to approve the ordinance,seconded by Corpus Christi Page 12 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 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 Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 26. Public Hearing and First Reading Ordinance -Amending the Unified Development Code to improve its implementation Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", subsection 3.10.1.A "Minor Plat", table 4.4.4 "Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and 4.6.2 "Permitted Uses" for single family, multifamily, commercial, and industrial districts, respectively, table 4.5.3 "Residential Development Standards", table 4.5.4 "Nonresidential Development" standards, table 5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific Standards" for game processing, subsection 5.3.2.C.1 "Fuel Pumps, Islands and Canopies", subsection 7.4.4.0 "Outside Storage", subsection 8.2.3.A "Utility Easements" and subsection 3.12.1 "Applicability" for special use exceptions; providing for severance; providing for penalties; and providing for publication. Mayor Martinez referred to Item 26. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to amend the regulations of the Unified Development Code (UDC)to improve its function and implementation. Mr. McGinn summarized the following proposed text amendments: adding the definition of game processing; amending the minor plat approval process; amending the setbacks for consistency purposes; allowing major utilities with limitations in commercial districts; clarification of crematoriums; correcting descriptions for townhouses; amending fuel pumps to allow canopies; clarifying outside storage areas; and clarifying utility easement dedication during the planning process. Mayor Martinez opened the public hearing. There were no comments from the public. Council members spoke regarding the following topics:the strike-through of waste treatment plants;the requirement to screen outside storage in a front yard;whether game processing facilities currently in operation will be grandfathered; and the text amendment for animal cemeteries. Mayor Martinez closed the public hearing. 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: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 13 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Abstained: 0 N. REGULAR AGENDA: (ITEMS 27 - 32) 27. Awarding the purchase of property insurance through Carlisle Insurance Agency, Broker of Record Motion awarding the purchase of property insurance and, authorizing the City Manager to execute all documents necessary to purchase All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown through Carlisle Insurance Agency, Broker of Record for property insurance, in exchange for premium totaling $2,001,750 from May 5, 2016 to May 5, 2017 of which $811,669 is required for the remainder of FY 2015-2016. Mayor Martinez referred to Item 27. City Attorney Miles Risley stated that the purpose of this item is to award the purchase of property insurance and authorize the City Manager to execute all documents necessary to purchase All-Risk, Flood, Named Storm,Wind/Hail, Earthquake, and Equipment Breakdown through Carlisle Insurance Agency, Broker of Record for property insurance. There were no comments from the Council or the public. City Secretary Huerta announced that Council Member Hunter was abstaining from the discussion and vote on this item. Council Member Magill made a motion to approve the motion, seconded by Council Member McIntyre. This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Hunter Enactment No: M2016-043 28. Appointment of Financial Advisor for Issuance of General Improvement Refunding Bonds Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of"City of Corpus Christi, Texas General Improvement Refunding Bonds" in an aggregate principal amount not to exceed $23,610,000. Mayor Martinez referred to Item 28.Assistant Director of Financial Services Alma Casas stated that Items 28 and 29 are related to a refunding opportunity the City has for six outstanding series of general improvement bonds in an amount up to$23,610,000. Item 28 is a motion to appoint M.E.Allison &Co. as Financial Advisor for the transaction. Item 29 is an ordinance authorizing the issuance of bonds in an amount not to exceed$23,610,000 in six series of general obligation bonds. If these eligible outstanding bonds are refunded at Corpus Christi Page 14 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 today's interest rate,total net present value savings of$1,744,000 would be realized. There were no comments from the Council or the public on Items 28 and 29. Council Member Magill made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-044 29. Second Reading Ordinance - Authorizing the issuance of General Improvement Refunding Bonds (1st Reading 4/12/16) Ordinance authorizing the issuance of one or more series of"City of Corpus Christi, Texas General Improvement Refunding Bonds", as further designated by series, in an aggregate principal amount not to exceed $23,610,000, levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an escrow agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. This item was discussed during the discussion on Item 28. Council Member Magill made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030822 30. Second Reading Ordinance -Approving the sale of park properties (1st Reading 4/12/16) Corpus Christi Page 15 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Ordinance approving the sale of properties as follows and authorizing the City Manager to execute documents necessary to complete each real estate sales transaction: a) Acushnet Park (6746 Aaron) to MVR Construction Company and/or assigns in amount of$655,000; b) Cabra Park (1323 W. Broadway) to Darla-1, Ltd. and/or assigns in amount of$24,000; c) Durant Park (6113 Durant) to MVR Construction Company and/or assigns in amount of$130,000; d) Parklane Park (4600 Arlene) to Albert Ayala and/or assigns Roberto Cardenas and/or assigns in amount of$121,000; e) Peary Park (1750 Paul Jones Rd) to 4625 No. 3, Ltd., a Texas limited partnership and/or assigns in amount of$36,000; f) Ridgewood Park (5730 Malden) to Richard O. Serna and/or assigns and John Tamez and/or assigns in amount of$400,003; and g) Willow Park (11418 Willowood) to Martin and Gaby Sada and/or assigns in amount of$50,000. Mayor Martinez referred to Item 30. City Secretary Huerta announced that Council Member Magill would be abstaining from the discussion and vote on this item.Assistant Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to approve the sale of park properties and authorize the City Manager to execute documents to finalize real estate sales transactions. The parkland properties include: Acushnet Park, Cabra Park, Durant Park, Parklane Park, Peary Park, Ridgewood Park and Willow Park. Ms.Anaya stated that the properties were listed for sale in January 2016 and the Parks and Recreation Department notified adjacent neighbors. The bond language madates that all proceeds from the sales were to be reinvested in the park system and improvements will be made to parks in the general area were the parks are being sold. Ms.Anaya informed the City Council that the Parks and Recreation Department has been approached by a neighborhood group to adopt Ridgewood Park and to maintain it as a Level B park. Council Member McIntyre made a motion to amend the ordinance to remove Ridgewood Park,seconded by Council Member Garza and passed unanimously; Council Member Magill -abstained. Council Member Garza made a motion to approve the sale of park properties listed,with the exception of Ridgewood Park,seconded by Council Member Scott. Mayor Martinez called for comments from the public.Aurora Stevenson spoke regarding Parklane Park and asked if the individuals purchasing the park property are going inform the neighbors of the intended use. Ms.Anaya explained that any development considered other than residential homes will have to go through a separate rezoning process. Ms.Anaya stated that currently,the person that is purchasing Parklane Park intends to continue with single-family homes. This Ordinance was passed on second reading as amended and approved with the following vote: Corpus Christi Page 16 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Magill Enactment No: 030823 Mayor Martinez called for comments from the public regarding Ridgewood Park. Ed Sample, 5321 Crestwick, stated that Ridgewood Park is heavily utilized as intended and requested that the park continue to be maintained by the City. However,the neighborhood organization is willing to maintain the park. Michael Kelly, 5318 Crestwick, expressed the following concerns with adopting a park: the required criteria for the neighborhood to maintain the park;the cost to maintain the park;the current maintenance by the Parks and Recreation Department;the requirement for liability insurance should the neighborhood organization hire a contractor to mow and trim the trees; whether the neighborhood organization assumes liability at the park; and replacement of playground equipment. Mr. Kelly said the parks that were approved to be repurposed in 2012 should be re-evaluated prior to sale of the parkland. Brad Smith, 5221 Wentworth,spoke regarding the utilization of Ridgewood Park and stated that it was a mistake to include the park on the list for sale. Mr. Smith addressed the issue of exposure to liability for the neighborhood and requirements for mowing. Guillermo Preigo stated that the problem with society is going against green areas and there should always be enough funds to maintain all of the parks.Jack Hart, 5318 Wentworth, spoke regarding the City's website indicating that Ridgewood Park is currently adopted by the Hurricane Padre League Soccer Club and asked the Council to reconsider and continue to maintain the park. Frank Bazan, 5234 Fulwell, spoke regarding the utilization of and satety at Ridgewood Park in comparison to Gardendale Park. Council members spoke regarding the following topics:the process for bringing parks for potential sale that were adopted and not being maintained; a list of parks currently not being maintained;the liability insurance requirement for contractors; the process for determining and identifying which parks would be repurposed; the neighborhood's willingness to adopt the parks;the City Council having discretion on the parks; modifying the Adopt-A-Park standards to be specific and including a measure that the mowing be in compliance with code enforcement standards; Ridgewood Park being maintained on the City's insurance; and clarification regarding the inaccurate information on the City's website related to Ridgewood Park already being adopted. 31. Professional Services Agreement for Legal Services Motion to authorize City Manager or designee to execute Professional Services Agreement for Contract Legal Counsel with Julian Grant at hourly rate of$50.00 in a total amount not to exceed $75,000 for Fiscal Year 2015-2016. Mayor Martinez referred to Item 31. City Attorney Miles Risley stated that the purpose of this item is to execute a professional services agreement for Corpus Christi Page 17 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 contract legal counsel with Julian Grant in an amount of$50.00 per hour, not to exceed $75,000. City Attorney Rilsey explained that Mr. Grant retired last year and was contracted to continue to provide legal services regarding economic development and development services issues. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Magill. This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: M2016-045 32. Construction Contract for Collier Pool Renovations (Bond 2012) Rebid - Part A (Pool) Motion authorizing the City Manager, or designee, to execute a construction contract with Atlantis Aquatic Group. of Austin, Texas in the amount of$1,782,412 for the Collier Pool Renovations Rebid - Part A (Pool) for replacement of the existing swimming pool and pump house. (Bond 2012 Proposition 4 - Aquatic Facilities) Mayor Martinez referred to item 32. City Secretary Huerta announced that Council Member Hunter would be abstaining from the discussion and vote on this item. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to execute a contract with Atlantis Aquatic Group for the Collier Pool Renovations -Part A. Ms. Anaya provided the following information: a location map; the project scope; the project budget and timeline. There were no comments from the public. Council members spoke regarding the following topics:the contingency on construction contracts;funding for West Guth Pool; an explanation of the price escalation; and the history and project timeline. Council Member Garza made a motion to approve the motion, seconded by Council Member Rosas. This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Hunter Enactment No: M2016-046 Q. FIRST READING ORDINANCES: (ITEMS 34 -38) Corpus Christi Page 18 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 34. First Reading Ordinance -Accepting and appropriating the Click It Or Ticket program grant within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$16,987.31 from the State of Texas, Department of Transportation for the FY2016 Click It Or Ticket program grant; and appropriating the $16,987.31 in the No. 1061 Police Grants Fund Mayor Martinez referred to Item 34. Police Chief Mike Markle stated that the purpose of this item is to accept a grant in the amount of$16,987.31 from the Texas Department of Transportation for the Click It or Ticket Program grant to be used during Memorial Day weekend. There were no comments from the public. A council member recognized the Police Department for their safety belt and distracted driving enforcement efforts. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 35. First Reading Ordinance -Accepting and appropriating the Houston High Intensity Drug Trafficking Area (HIDTA) grant funds within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 35. Police Chief Mike Markle stated that the purpose of this item is to accept a grant award in the amount of$170,815 for the Houston High Intensity Drug Trafficking Area(HIDTA). The program focuses on drug interdiction in the coastal corridor. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 19 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 36. First Reading Ordinance -Appropriating Federal grant amendment No. 2 for runway improvements at the airport Ordinance appropriating $1,000,000 from Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for projects involving Runway 18/36, Runway 13/31, taxiways, and storm water improvements, with the 10% match provided from the Airport Capital Reserve Fund; and amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,000,000 each. Mayor Martinez referred to Item 36. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate$1,000,000 from Federal Aviation Grant No.48 Amendment No. 2 for projects involving Runway 18/36, Runway 13/31,taxiways and storm water improvements with a local 10% match. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 37. First Reading Ordinance -Amending City Code regarding Island Strategic Action Committee membership Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee membership Mayor Martinez referred to Item 37. Interim Assistant City Manager Jay Ellington stated that the purpose of this item is to amend the City's Code of Ordinances to add a member to the Island Strategic Action Committee to represent the category of a person who resides on Mustang Island or who is an employee of a Mustang Island property owner. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Magill. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 20 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 38. First Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $104,080.31 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 38.Assistant Director of Development Services Dan McGinn stated that the purpose of this item is to execute a water arterial transmission and grid main construction and reimbursement agreement in the amount of$104,080.31 to provide adequate water to a new subdivision. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 R. FUTURE AGENDA ITEMS: (ITEMS 39 -41) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff did not have any planned presentations.A council member requested information on Items 40 and 41. 39. Resolution approving a Developer Participation Agreement to reimburse developer for the City's cost to extend North Oso Parkway located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., Corpus Christi Page 21 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 ("Developer"), to reimburse the Developer up to $499,302.42 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. This Resolution was recommended to the consent agenda. 40. Authorizing a Service Agreement for Closed Circuit Televised Inspection of Small-Diameter Wastewater Lines Motion authorizing the City Manager, or designee, to enter into a service agreement for Closed Circuit Televised Inspection of Small-Diameter Wastewater Lines with Ace Pipe Cleaning of Kansas City, Missouri in accordance with Bid Event No. 90, based on lowest responsive, responsible bid, for an estimated annual expenditure of $1,908,132.00. Funds have been budgeted by the Wastewater Department in FY 2015-2016. This Motion was recommended to the consent agenda. 41. Authorizing Lease Agreement for the operation of the City Detention and Magistration Center in Wilson Plaza Motion to authorize City Manager, or designee, to execute a Lease Agreement, between Wilson Plaza Associates LP., for the operation of the City Detention and Magistration Center MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to explore options to improve and consolidate public safety facilities to include the City's Detention Center, Police Department, Fire Department, and the Martin Luther King building, and to bring back a timeline for an initial discussion and preliminary findings in one month, seconded by Council Member Magill and passed unanimously. This Motion was recommended to regular agenda. S. BRIEFINGS: (ITEMS 42 and 44) 42. Revisions to Chapter 14, Article II, Technical Construction Codes Mayor Martinez referred to Item 42. Gene Delauro, Building Official,stated that the purpose of this item is to discuss the significant revisions to the Technical Construction Codes. Mr. Delauro explained that the purpose of adopting and updated Building Codes is to recognize new construction materials and methodologies and incorporate the latest design standards to protect public health, safety and welfare. Meetings and workshops were held with all City Technical Advisory Boards and local stakeholders throughout 2015. Mr. Delauro summarized each of the following revisions:elimination of the city electrical licensing program; elimination of the re-out electrical inspection requirement; elimination of the 50%substantial damage/substantial improvement requirement;the new provision to register building contractors; Corpus Christi Page 22 Printed on 4/22/2016 City Council Meeting Minutes April 19,2016 the new alternative wind load provision for commercial construction; elimination of the 25% rule for foundation design and certification;the new provision to require licensure for work on natural gas service systems; and the proposed timelines and key dates. 44. Discovery - TNC Ordinance Reconsideration: Vehicle For Hire/ Taxi Ordinance Mayor Martinez referred to Item 44. Interim Assistant City Manager Jay Ellington stated that the purpose of this item is to continue the discussions regarding the Transportation Network Companies (TNC)Ordinance - Vehicle-for-Hire/Taxi Ordinance. Interim Assistant City Manager Ellington provided a summary of the Corpus Christi Taxi Ordinance; a revised TNC discovery spreadsheet and a spreadsheet on the vehicle for hire and taxi standards discovery. Interim Assistant City Manager Ellington presented the following information: a timeline for the 3D process;the discovery timeline; responses to City Council's questions from the April 12,2016 Council meeting including: how the cities of Bryan and College Station changed their vehicle-for-hire/taxi ordinances in response to TNC regulation,the measures taken by municipalities like College Station and Bryan to audit TNC companies, what can be learned about TNC regulations and vehicle-for-hire regulations from cities located outside of Texas, how long the City Council is required to refrain from amending an ordinance passed by referendum, an overview covering the vehicle for hire discovery spreadsheet of 16 Texas cities, including Corpus Christi, and general recommendations for the Tax Company Focus Group. Interim Assistant City Manager Ellington said staff would like direction on the TNC Skype interview sessions with Bryan, San Antonio and Houston and requested that the City Council provide a few questions for the cities in advance. Council members spoke regarding the following topics:the reason there are no comparisons with the City of Midland and the reason TNCs are not operating in other such cities; information from ordinances that do not work; an accounting of the fees and regulations and the impact of lowering requirements;the City of Austin's ballot language regarding the background check for drivers and requirements for customer service; Skype sessions with the cities of San Antonio, College Station, Houston, and Dallas; pre-data collection from the City of Austin; information from cities that don't require fingerprinting; and the general recommendations from the Taxi Company Focus Group on the removal of the overhead light requirements and the ability for drivers to use a phone to accept and dispatch rides. T. ADJOURNMENT The meeting was adjourned at 6:03 p.m. Corpus Christi Page 23 Printed on 4/22/2016 se GO � O �A H AGENDA MEMORANDUM NCO@pOR EFuture Item for the City Council Meeting of April 19, 2016 1852 Action Item for the City Council Meeting of April 26, 2016 DATE: March 29, 2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement to reimburse developer for the City's cost to extend North Oso Parkway CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $499,302.42 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend North Oso Parkway. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. BACKGROUND AND FINDINGS: The developer, MPM Development, L.P., is developing the final phase of a multi-phased single-family residential subdivision named Parkview Unit 5 Subdivision. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. Parkview Unit 5 will contain 33 single-family residential lots. The Planning Commission approved the plat for Parkview Unit 5 on February 24, 2016. The participation agreement is for half-street construction along North Oso Parkway frontage, a bridge and for the required extra thickness of the asphalt on North Oso Parkway. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding North Oso Parkway for new subdivision as provided in the Unified Development Code and Urban Transportation Plan. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2015-2016 Project to Date Current Year Future Years TOTALS Expenditures (CIP only) Line Item Budget $750,000.00 $1 ,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended 211,249.65 $1 ,183,019.42 $224,662.27 $1 ,618,931 .34 Amount This item $208,946.10 $499,302.42 $708,248.52 BALANCE $538,750.35 $108,034.48 $ 26,035.31 $672,820.14 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution with Agreement Maps RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $499,302.42 FOR THE CITY'S SHARE OF THE COST TO EXTEND NORTH OSO PARKWAY, 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, L.P. ("Developer"), for the CITY's portion of the cost of North Oso Parkway, including all related appurtenances, for development of Parkview Unit 5 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Resolution- MPM Development LP-Parkview Unit 5 Participation Agreement Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP-Parkview Unit 5 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, L.P., ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 10.051 acre tract of land, more or less, a portion of Lots 2, 3 and 4, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (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 Parkview Unit 5 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 953 feet to connect with a proposed North Oso Parkway bridge roadway 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 $499,302.42. 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. t. 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 CHRIST[, 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-Parkview Unit 5 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 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 PARKVIEW UNIT 5 SUBDIVISION 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-Parkview Unit 5 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 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-Parkview Unit 5 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 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 178401 General Partner P.O. Box 9277178469-9277 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 178401 P. O. Box 9277178469-9277 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 April 26, 2018. (EXECUTION PAGES FOLLOWS) MPM Development LP-Parkview Unit 5 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the �_ day of 2016. Notary Public, State Of Texas _rt- APPROVED AS TO FORM: This . 4 _ day of_� , 2016. Assistant City Attorney For the City Attorney MPM Development LP-Parkview Unit 5 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: MPM Development, L.P. �/-- i/- Mossa Mos Mostaghasi Date General Partner KENE 0 SAPENTER STATE OF TEXAS § E(5 ,My commt�15Eire: October 15,2D17 COUNTY OF NUECES § r This instrument was acknowledged before me oniv*2016, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., ited Partnership, on behalf of said partnership. 0- Notary Public's Signat re MPM Development LP-Parkview Unit 5 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 STATE or 76135 COUNTY or M1E1321 1 10. NPN OEVELO441447. 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TN( (701381 RAM 7735 TNa STOW RA711 (WWI ROI 7870 11 6 1K C60 MT 177 11[0 HAS CLAS5300 HIE 34137E 7.1E USE TOR 7710 MO 847 AS 777031 777. Y0 VISi1 171(177. 1® 01/05 CATC0002(0 1177 47 770.6 RP1(1 AS 87484[7 RSCIRA1377 I7 . 5. PWAR 00VE•AA. 3117737 701 LOT 70. 977(( S, 18771 8 ■ 0, MOCK 4 AM LOT S. BLOC. T ALONG NGffN 1020 91434.0 5014L i 1551655 l 1.77 1310 770 03747. Af 00177(5. 6 A 0(104111647 O fA me= OEVEIBPN(.T CLO[ AA( a SARU Ml ID 044106 M 1177 74481 WY 13151.56 7. 111E 1611E (551170 ARA CP 7477 RAT 6 55351 ACRES (3077(011 5774771 Of11C 7166 0 510' )700' 2000• Frrtm=1 -1 57737.774 1'= 1000' LDCATION MAP l' 15:611MP7047 PLAT OF PARKVIEW UNIT 5 fAiPPL:tO 777; f�W��� IEB 2 4 10)6 Thri PLANNING COMMISSION 444 18011 ACRE 1(77771 Er LA87. WPC OR LESS. A 9011104 Or LOTS 7. 5 AND 1. mom ST, rine 9111 344 (70377 PARI No CARDEN TRACTS. A Nw M MBCA 6 RE6140L0 M 77. •A. p. RT 41. NAP RF(OMS MEM CO W1. 11 CORPUS CHRISTI( NUECES COUNTY, TEXAS BASS F. WELSH ENGINEERING rum M. F-52, 3054 S. ALAMEDA ST CORPUS CHRISTI, TEXAS 78404 1177 9101/(9 111114 (4� KU RAI -Dell 177{ 14. I5352 777777. l• • 5r R.A1 SCALE, SAE SALT I IR 77 STATE OF TE7A5 ODOM 077 7AACIM 1 771. (NNIS), HEREBY CORY THAT FC RPL T E 20*10 y Cf A WA O14 1H[ 7384 (101L^ED R1TI I THE 1775434377 A SHE 70RECCNC NAP NC 557 RE APPR70 THE 94OI,871 M 7 GLDCABp! 7718 PE PURPOSES u9 CONS7ERATOH6 11015771 113331535E5 er Tam STATE 0r 1t 775 1 COATI 07 8411021 1 136 p6 -00 A.011 1A5 ACAN00117704 BEFORE NC 177 (HAIIEi.. (MILL 0 17177 110 _ ONE Or 70- 78TAR1 PUK1C. 1N w0 FEN THE SIAM Or 777734 STATE Or 77873 =OLNTr Or 777 1 TIE ORAE RAT Or 771E HERON 0(SCRa(0 PROPERTY NAS APPROVED m INE 703A41NENT Di O[IIIOPAICM SARNC7 C< 00 COY Or CORMS 0901!. 11735 R4I35. POTT1NR5/61. P.E.. 4.LID. IP 0C+5.8 503 SERYICIS 603070 OAR STAR 07 77175 1 07NTT Or 40[015 1 177E MAP. PLAT CR 170 1ER61I 13600807 PROMO' IMS 39900,775 CO OMNI Or 710 017 Cr =RPM 09611, 10443 01 777E *3348810 COMBSS04. 1446 TME OR Or 70� TMTJ 848855, 1EED AP Emma. 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C0.21.24' al 0.43'.0124•-^ 0-41.1004' .1.1010' 4-0001212( 04 4.104 4.125(0' O 1- 05 4.250 Q 0.2003 f-.211' 1-5313 1.4111' 1.14.,1' 1.4145 1.11431' 1.34. r 04.1.482'71' M.5N'11'21-I ,,,,,,,,,,-2,y, 01.042.01.2•14 C0.51 41' 04-91372' 01-111.43' 04"2121' 0-'31• 0.2745'12• £-. '00' Mu- QYfu40IQ 1.am 4.5100 04' 0' 44.26�4.,-2oDO 1.132.13 1.12100' 1.2050 L-31.3 1.249.74' 1.25176' L"11.4 68.50600'45'5 01-154'4045' 131.0.74.5"3.11E 010.14.5r14-07-0 01.217 14 448.214 60' 06.70.21' 111.2624' ® 11+1354'19• � 019'5.'14• 4-100.00 1.12310 T.1135' 1.11 N' 1.11J3 12.4144' 441-51111021 60-STI.1045T L2.-3431' 08.4535' e 0.1324'41' �0.41'24'35- 0.IA03 4.3100 1.433' 1.1325 1-5213" 1.25-50' [8.271.43.2' 08.4310315' 2N-1115' 014+71.75' ® © ® 0773'01' 0.'74.15• 0-+000'00' 0-23'41.'31' 4.1100 4 .1' .11t700 1 ' -1000' O M 144!1' 5.51F 13 1.1135 5.1410 1.13&73' L.2530 12.1171' 3.211.17' C1.412'5l 14' 129"5432059' 09-11451115 04-3'003452 0..0A1 01.24.25' 08.14.14 440-26131' S61'21'1B"E i 03.56"- 5' LE FE01-5. K V a 461001 ,MT 4. 2 ) V. 1121, P. Ill. IAA. 4604 S< i. a d) W „ � h S. 83 800 N 21' 471 -2031 b 4121 Sr 'j 12123 0' 44' )211 5/1131 25' 05 9604' 5' 00 Z 51171'11/ 11113 _ � WIWK W34J 5T. / ` - �- - 14121•IET3104 HAWK WALK St5/171'112 11704' -"SO \ ` `\ 2'a -r457"-' wla' 0' ]gym 7R1r ' \r ri' 24 .•-.--... ray\L7\ xl 4'R �- T ? 4547, 6 -l.\ , 1p p \_ 861'21'1814 4 13207 Sr 1 \\ °�\ Cl i 72 -' 114,"r u. 185.00' ' 6 S :. Q € 1AH1321115 71.0sr : 7e.056 A 71716 1• \ � P 561.21.118"E 828'38'42"E 7 9 3 R © \ L - 170.001 ,, 8.00' i� , ;25 O ' -- 4 - 9. la 01 O ..! ��S 1.0 - ]u - - •-- WC' _ .. 1.1E ND0 004'11'14' /9400 MT�1•� - 15� T ,` yy42 i` -i ___� , 25 - - {1DQ5 3k W m• 607F 5u µW MDT a.5o `, 1 12000' 1 I 1 ' ;.-1 9 ..,,\ • \ 3 446 5/ei,1. 1 I.4. 4 O I b� w • o f 1 11 d• O la 14 i. ,x „ 17 « 11000 Sr \'!1'41. , 0. �p I I� - M1 S I to 1 e. 17 , t! s Il 5x20 Y \ 73.1 v tj s h nal 3'4 11 7340 1.i 72.0 S< 76.0 FM S/ 1740 S n1- Sr 7A 4'6 \ - sanl'Let 1205, L o 7350 1.5 g 16,` b L 1 \ _T �u N . l{111 „ �% G 1 - r- _talk_ 7.%xrc_ � 12� 117 G` L_ 1314 - � 23 55 J �� \ \ 1 f x! TI ,012,594'.11.4' % �y \ I^� 2421 SrST © =�R �L 44174 ,ar 60.00 ]•FE M.m' 6.00 •I` i.9/° L_ v.�W�-� -di \ PLAT OF PARKVIEW UNIT 5 (CONTINUED) CORPUS CHRISTI, NUECES COUNTY, TEXAS M 11\\t +L. O BASS F. WELSH ENGINEERING rIRn 114 r-52, 3554 S. ALAIIEQA ST. CORPUS C16aISTI, TE105 7R414 �19 5/474. 0 25' 50' 300' SCALE. I'. 50' r1ROV/191t PLANNING COMMISSION B 242 6 pry PMO. 00G 16 200.215255. OA. P04102 1M5 1.. II. 4L 41 1 10. 5412 712 2B 1 Cr e IT. V.'4•.►..1 -43. 01. 411 aC. J 18 - 1 s - !- 24151'111' 514.93 - - -i L. --' -' Sgt 1• SAf.12AR0 PARK OR. -0.1305•___"... --- \ 5} ,' ` - - --------- _ - - - 4'01.16'05'4' 1667 ® to. \ 100.5 0 i1� ;s! a t Tit, ® R V W1'21'FI' 5121120" ` 1 ''''__4":".1_\\:':;'r \ e• 1➢ I mar 4' 511- -41.00' 1190' asm' L' 611°. o GSM -w--Tia--E2.---T' 51/� �i1 11 fir' \ y ▪ 51 1 I 1065 Y .i \ "'2 ' ▪ �' Yqi _ �^ -_' --"�_4 •�_- AM \ �\\ '� N �g -�-- b __ ` O x`-- �•�___ n b 2081 S \\ v '1 N• \ b 61 _ �_-_- ____i_ ----- �M�°_ r14i _-6o---'--,_n __-'_'-- § � .---_'.----r"'-_____---' -- w `",' - 44'- 'r-_------ _„ _ sic. 0 eD5a1.P -' --"-. \ 41 4 [5 it 791x }1 �a nu Sr ri12 52 p 4'441 sr 8 . 7947 y : -4005 $"-__.-__40�. 1.3 1100! S%---.:_._-_--4 - 71.17' 6100 3x05' 7151' 13'00 25.00 43'00 10 ix 12510' 63012" - �� a sss J .- _ 4>i_y_• J4 __-- ------ 1 �51171'46'E 3x1,17 AP iVL{i1n15646.'M4 Mr* ire-,2��} '25�� � Gh 25' DRAINAGE Row 54? 4r a 1.3 N61'21'18"W .321 14' a4' 5/1711: k { N61'12'43'W 641.95' LDT 2 SEC? ri Lot 17..5401 31 1205 11 5264 72 101 13oR 52 -- - -•^ CL 100' DRAINAGE ROW, V. 1922. P. 604, O.R. S78.30'26"W 41.23 6.16 4101445 140/14 CON. 144. 44,01.013000 4704 454 15532 310! 1• • sr PUP SOLD 0*1. 77[ET 221 2 Exhibit 1 Page 2 of 2 0 4 4 vl 0 Fe tt p PARKVIEW UNIT 5 5 32 4 , $s i4/,4; Oct 11 " c'te S k ECT 'qC 'O 0 50' 100' 200' SCALE= 1"= 100' EXHIBIT SHOWING NORTH OSO PARKWAY IMPROVEMENTS AS 40' BB AT PARKVIEW UNIT 5 C4 L Jo 192 4o/es/via /es/� aRDw Oso u 70 r Exhibit 2 1"=100' CITY PARTICIPATION BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, RLE: EXB-STR 40'6B, JOB NO. 15052 SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 3/26/16,115416 T 1 Q L1 NIXON M WELSH, PE, RP LS Email NixMW@aol com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 N OSO PARKWAY IMPROVEMENTS, 40'BB 03/28.16 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 3818 SY 34 00 129,812.00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 4670 SY 24.00 112,080.00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 4670 SY 8 00 37,360 00 4. 4" CONCRETE WALK 11768 SF 4.00 47,072 00 5 6" CURB & GUTTER 1906 LF 14.00 26,684.00 6 CLEARING & GRUBBING 1 LS 4,000.00 4,000 00 7. EXCAVATION 1 LS 30,000 00 30,000.00 PCE-STR 40'BB $387,008.00 15% ENGINEERING, SURVEYING & CONTINGINCIES 58.051.20 TOTAL $445,059.20 Exhibit 2 Page 2 of 5 0 ?s' O %Of R0 CL N. ❑S❑ PARKWAY 111 mom_ so' Row moneramemitzunli �a u w 8i ce a PROP 52.5 LF 12" WIDE R/C GRADE BEAM SUPPORTING 7 1/2" X 1'-1" R/C PEDESTRIAN RAIL SUPPORT BEAM WITH PEDESTRIAN RAIL ATOP (BOTH SIDES OF STREET) ROPOSED 4' WIDE R/C SPLASH PAD 4" THICK VR114 CLA0E i]vI 1' WIDE X 1' HIGH R/C HEADWALL PROTRUDING ABOVE MBC ?s• O, 4/..lCF ROw R/C MBC, DOUBLE 10' X 5', 71 LF OVERALL (ANGLED) LENGTH ALONG CL 15' 30' 60' SCALE' 1'= 30' 14 114 0 CITY PARTICIPATI❑N PARKVIEW UNIT 5 PLAN — STREET/BOX CULVERT AT DRAINAGE CHANNEL 1' =30' Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-BRIDGE, JOB NO. 15052, SCALE: 1" = 30' PLOT SCALE: SAME, PLOT DATE: 3/24/16, SHE Paae OF of 5 NIXON M. WELSH, P E .RPL S Email: NixMW@aol com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 BRIDGE COST ESTIMATE 03/24/16 361 882-5521- FAX 361 882-1265 BRIDGE (BOX CULVERT) ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. DOUBLE 10'X5' BOX CULVERT 71 LF 4,706 00 334.126 00 2. WING WALLS/FOOTINGS 4 EA 4,007.50 16,030.00 3. R/C GRADE BEAM 104 LF 84 00 8,736 00 4 PEDESTRIAN RAIL SUPPORT BEAM W/PEDESTRIAN RAIL 104 LF 55 00 5.720 00 5 RIC HEADWALLS/TOEWALLS 44 LF 12.00 528 00 6. R/C SPLASH PADS 110 SF 6 00 660 00 7. 6" THICK CRUSHED STONE BEDDING 71 LF 60.00 4,260 00 8 DC WATERING 71 LF 50,00 3,550 00 9 EXCAVATION FOR BOX CULVERT 71 LF 90 00 6,390 00 PCE -BRIDGE TOTAL BRIDGE ITEMS $3B0,000.00 16°% ENGINEERING, SURVEYING & CONTINGINCIES 57.000.00 TOTAL $437,000.00 Exhibit 2 Page 4 of 5 1.0' PROP. 4' WIDE R/C WALK 80' STREET ROW 14.5' 40' BB STREET 25.5' 1X 4" TYPE "D" HMAC 20' 20' 5" CROWN 11" CRUSHED LIMESTONE BASE TO 2' BC fCL STREET 8.5' PROP. 8' WIDE R/C WALK 6" CITY STD. R/C CURB AND GUTTER 8" LIME STABILIZED SUBGRADE TO 2' BC TYPICAL STREET SECTION - N. OSO PKWY, 40' BB NTS Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—XSEC 48' BB, JOB NO. 15052, SCALE: 1" — 30' PLOT SCALE: SAME, PLOT DATE: 3/24/a.6el�BErof OF NIXON M WELSH PE RPLS Email NixMW@aol corn BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 09104.15 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS AND BRIDGE (BOX CULVERT) AT PARK, GENERALLY E. OF CL OF N. OSO PKWY., REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1909 SY 34.00 64,906 00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 2335 _ SY 24.00 56,040 00 3 8' LIME STABILIZED SUBGRADE TO 2BC 2335 SY 8.00 18,680 00 4. 4" CONCRETE WALK 7845 SF 4.00 31,380 00 5 6.' CURB & GUTTER 958 LF 14.00 13,412 00 6 CLEARING & GRUBBING 1 LS 2,000.00 2,000 00 7 EXCAVATION 1 LS 15,000 00 15 000 00 8 50% DOUBLE 10'X5' BOX CULVERT WITH 40' BEND & WING WALLS 1 LS 190,000 00 190,000 00 TOTAL $391,418.00 STREET & SURFACE ITEMS W. OF CL OF N. OSO PKWY QUANTITY UNIT UNIT PRICE AMOUNT 1 4" HMAC 1894 SY 34 00 64,396 00 2 2" HMAC 3328 SY 17 50 58,240.00 3 11" CRUSHED LIMESTONE BASE TO 2'BC 2313 SY 24 00 55,512.00 4 8" CRUSHED LIMESTONE BASE TO 2'BC 4388 SY 17 50 76,790.00 5 8" LIME STABILIZED SUBGRADE TO 2'BC 6701 SY 8.00 53,608 00 6 4" CONCRETE WALK 12815 SF 4.00 51,260 00 7 6" CURB & GUTTER 3187 LF 14.00 44,618.00 8 EXCAVATION 1 LS 50,000.00 50,000.00 9 CLEARING & GRUBBING _ 1 LS _ 5,000.00 5,000 00 10. STREET SIGN 3 EA 250.00 750.00 TOTAL $460,174.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 15" RCP 56 LF 37.00 2,072.00 2 18" RCP 613 LF 44.00 26,972.00 3 18" HDPP 32 LF 44.00 1,408 00 4. 21" RCP 120 LF 51.00 6,120.00 6 24" HDPP 191 LF 51.00 9,741.00 8 30" HDPP 429 LF 58.00 24,882 00 9 36" HDPP 139 LF 62.00 8,618 00 10 50% DOUBLE 10'X5' BOX CULVERT WITH 40° BEND & WING WALLS 1 LS 190,000.00 190,000 00 11 5' INLET 8 EA 3,200.00 25,600 00 12 MANHOLE 1 EA 3,500.00 3,500 00 TOTAL $298,913.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 8" PVC PIPE 951 LF 90.00 85,590 00 2 FIBERGLASS MANHOLE 4 EA 3,900 00 15,600 00 3 4" OR 6" PVC SS SERVICE 33 EA 480.00 15,840.00 Exhibit 3 TOTAL $117,030.00 PageI 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 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 922 LF 60 00 55,320 00 2 18" STEEL CASING PIPE BORED IN PLACE 90 LF 300.00 27,000 00 3. 12" EL, ANY ANGLE 4 EA 750 00 3,000 00 4. 12" TEE 3 EA 850 00 2,550 00 5 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400 00 6 FIRE HYDRANT ASSEMBLY 1 EA 4,000 00 4,000.00 7 6" 90= EL 1 EA 300.00 300 00 8. 6' GATE VALVE WITH BOX 1 EA 950 00 950 00 9 6' DIA X 30" PVC PIPE NIPPLE 3 EA 250 00 750 00 TOTAL $100,270.00 NON -GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" PVC PIPE 983 LF 32 00 31,456.00' 2 EL, ANY ANGLE 5 EA 300 00 1,500 00 _6" 3 6" TEE 2 EA 300 00 600.00 4 6" GATE VALVE WITH BOX 5 EA 950 00 4,750 00 5. FIRE HYDRANT ASSEMBLY 2 EA 4,000 00 8,000.00 6 6" DIA X 30" PVC PIPE NIPPLE 6 EA 250 00 1,500.00 7 WATER SERVICE. DOUBLE 14 EA 600 00 8,400.00 8. WATER SERIVICE, SINGLE 5 EA 500 00 2,500.00 TOTAL $58,706.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 8,000 00 8,000.00 2 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 3356 LF 3 00 10,068 00 3 4" PVC CONDUIT FOR AEP 200 LF 25.00 5,000 00 TOTAL TOTAL CONSTRUCTION $23,068.00 $1,449,579.00 Exhibit 3 Page 2 of 3 NIXON M WELSH, PE , RPL S Email NixMW@aol corn BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 STREET & BRIDGE REIMBURSEMENT ESTIMATE 03/28/16 361 882-5521— FAX 361 882-1265 A. STREET & SURFACE ITEMS AT PARK, GENERALLY E. OF CL OF N. OSO PKWY., REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1909 SY 34.00 64,906 00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 2335 SY 24 00 56,040.00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 2335 SY 8.00 18,680 00 4 4" CONCRETE WALK 7845 SF 4.00 31,38000 5. 6" CURB & GUTTER 958 LF 14.00 13,412 00 6 CLEARING & GRUBBING 1 LS 2,000.00 2,000 00 7. EXCAVATION 1 LS 15,000 00 15,000.00 TOTAL STREET & SURFACE ITEMS $201,418.00 B. OVERWIDTH OF N. OSO PKWY. 28'BB TO 401BB & OVERDEPTH, WEST OF CL OF N. OSO PKWY. QUANTITY UNIT UNIT PRICE AMOUNT 1 OVERDEPTH 2" HMAC TO 4" HMAC 628 SY 17.50 10,990 00 2 OVERDEPTH 8" CRUSHED LIMESTONE BASE TO 11" 628 SY 17.50 10,990 00 3 OVERWIDTH 4" HMAC 628 SY 34 00 21,352 00 4 OVERWIDTH 11" CRUSHED LIMESTONE BASE 628 SY 24 00 15,072 00 TOTAL OVERWIDTH & OVERDEPTH 558,404.00 C. BRIDGE (BOX CULVERT) ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. DOUBLE 10'X5' BOX CULVERT 71 LF 4,706 00 334,126 00 2 WING WALLS/FOOTINGS 4 EA 4,007 50 16,030 00 3 R/C GRADE BEAM 104 LF 84 00 8,736 00 4 PEDESTRIAN RAIL SUPPORT BEAM W/PEDESTRIAN RAIL 104 LF 55.00 5,720 00 5 RIC HEADWALLSITOEWALLS 44 LF 12.00 528 00 6 R/C SPLASH PADS 110 SF 6 00 660 00 7 6" THICK CRUSHED STONE BEDDING 71 LF 60 00 _ 4,260 00 8 DC WATERING 71 LF 50.00 3,550 00 9 EXCAVATION FOR BOX CULVERT 71 LF 90 00 6,390 00 PCE-STR&BRIDGE SUBTOTAL BRIDGE ITEMS $380,000.00 50% CITY'S PORTION $190,000.00 SUMMARY A. STREET & SURFACE ITEMS B. OVERWIDTH & OVERDEPTH ITEMS C. BRIDGE ITEMS $201,418.00 58,404.00 190,000.00 SUBTOTAL $449,822.00 11% ENGINEERING, SURVEYING & TESTING 49,480.42 TOTAL CITY REIMBURSEMENT $499,302.42 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 I . 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 I0 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 Iiability 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 ' r City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Sen ices P 0 Box 9277 Corpus Chnsu. Texas 78469.9277 (361) 826-3240 Located at 2406 Leopard Siren (Corner of Leopard SI and Pon Are ) 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: PC) Rnx 3313flR CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation Partnership El 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 NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 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 NIA 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 Title: Director (Print) Signature of Certifying Person. 4-424.- Date: 1 -4-1 6 1DEVELOPMEN7SVl 5 [IIAREP'.1.AND 13F VC:LOP%IE' •ORPINA'•{ C ADMINISTRATION' APPLICATION FORMSFORMS AS PER LEG.AL\20U DISCLOSURE OF INTERESTS a 1 of 2 STATEMENT' 37' I: POC Exhibit 5 Page 9 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 nEVELOPSIENTSVCSSIIAREDLANb DEVELOP1 NPORD1NANCE AOhIIN1STRATIONWPPLICATION FORMS' FORTIS AS PER LEGAL 2012. DISCLOSURE OF INTERESTS STATENIENTI 2212 POC Exhibit 5 Page 2 of 2 Forms provided by Texas Ethics Commission www.ethics.state tx.us Version V1.0.34944 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2 3, 5, and 6 if there are no interested parties OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-9191 Date Filed: 02/0412016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Development, LP Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Development Services 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the goods or services to be provided under the contract. Parkview Unit 5 Street Participation Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. K 6 AFFIDAVIT I� h (� I� I'ti_^. . .'t A l a n I > >y \ J LO I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct r < � G AFFIX Sworn 20 11) 4'5.f. ;-CINDY BUENO 4 sig #1 ;713 a • (,)4( I N.aary P,>b. ti� *�, STATE OF TEXASSignature q,-, M/ Comm Exp 11.04.2619 �f-r al authorized agent of contracting business entity �,r� �j, 1, 1 �, t,, SSA +i/�1S Yllk5i this the 4- day ar�+` t1t a.., V Yv .e. Iry v - v v N? NOTARY STAMP /SEAL ABOVE to and subscribed before me by the said , to certify which, witness my hand and seal of olfice. NO I RADIO • Signage of officer administering oath Printed flame of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state tx.us Version V1.0.34944 Vicinity Map VICINITY MAP PARKVIEW UNIT 5 ® r�44 -17 PARKVIEW UNIT 5 Aerial Overview AERIAL OVERVIEW PARKVIEW UNIT 5 t N Aerial AERIAL MAP PARKVIEW UNIT 5 A 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 19, 2016 Action Item for the City Council Meeting of April 26, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Assistant City Manager Markvv(c�cctexas.com (361) 826-3082 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreement for Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines CAPTION: Motion authorizing the City Manager, or designee, to enter into a service agreement for Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines with Ace Pipe Cleaning of Kansas City, Missouri in accordance with Bid Event No. 90, based on lowest responsive, responsible bid, for an estimated annual expenditure of $1,908,132.00. Funds have been budgeted by the Wastewater Department in FY 2015- 2016. PURPOSE: This service agreement will help the Wastewater Department with the Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines. BACKGROUND AND FINDINGS: The wastewater collection system consists of 1,200 miles of gravity sewers and 100 lift stations. The need to proactively manage this valuable asset becomes increasingly important as the system ages. The Utility Department in an effort to proactively manage the collection system and address sanitary sewer overflows (SSO) has developed a risk based cleaning and condition assessment work plan. The work plan prioritized cleaning and condition assessment by neighborhood subdivision based on SSO history with the highest risk subdivisions being cleaned and televised in the first years of the program. The cleaning and inspection of gravity sewers for condition assessment will be by subdivision work orders in a systematic process across the wastewater collection system. It is projected that entire collection system would be cleaned over a 10 year period. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Wastewater Department 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 $5,052,210.39 $0 $5,052,210.39 Encumbered / Expended Amount $2,583,557.17 $0 $2,583,557.17 This item $1,908,132.00 $0 $1,908,132.00 BALANCE $560,521.22 $0 $560,521.22 Fund(s): Wastewater Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Bid Event No.: 90 CCTV Inspection of Small -Diameter Wastewater lines Buyer: Domingo Valdez CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Video Plumbing Ace Pipe Cleaning Line 9 Name Item Quantity UOM Extended Total Extended Total 1 COST PER LINEAR FOOT (ADDITION ADDER FOR ITEMS 2-17 1 EA $2.00 $2.00 $2.00 $2.00 2 ALL PIPE SIZES CUT/GRIND PROTRUDING SERV TAP 300 EA $500.00 $150,000.00 $275.00 $82,500.00 3 10-12" PIPE SIZE EASEMENT CCTV - LINEAR FT 45,400.00 EA $2.20 $99,880.00 $1.25 $56,750.00 4 15 - < 18" PIPE SIZE EASEMENT CCTV - LINEAR FT 17,000.00 EA $2.20 $37,400.00 $1.50 $25,500.00 5 6" PIPE SIZE EASEMENT CCTV - LINEAR FT 99,000.00 EA $2.20 $217,800.00 $1.35 $133,650.00 6 8" PIPE SIZE EASEMENT CCTV - LINEAR FT 227,000.00 EA $2.20 $499,400.00 $1.25 $283,750.00 7 10-12" PIPE SIZE EASEMENT CLEANING - LINEAR FT 45,400.00 EA $3.80 $172,520.00 $1.65 $74,910.00 8 15 - < 18" PIPE SIZE EASEMENT CLEANING - LINEAR FT 17,000.00 EA $4.69 $79,730.00 $1.95 $33,150.00 9 6" PIPE SIZE EASEMENT CLEANING - LINEAR FT 99,000.00 EA $3.35 $331,650.00 $1.60 $158,400.00 10 8" PIPE SIZE EASEMENT CLEANING - LINEAR FT 227,000.00 EA $3.35 $760,450.00 $1.60 $363,200.00 11 10-12" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 2,500.00 EA $3.12 $7,800.00 $6.50 $16,250.00 12 15 - < 18" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 2,500.00 EA $3.57 $8,925.00 $7.25 $18,125.00 13 6" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 5,000.00 EA $2.90 $14,500.00 $5.50 $27,500.00 14 8" PIPE SIZE EASEMENT ROOT/GREASE REMOVAL -LF 2,500.00 EA $2.90 $7,250.00 $5.75 $14,375.00 16 ALL PIPE SIZES REVERSE SET-UP 1 EA $185.00 $185.00 $250.00 $250.00 17 10-12" PIPE SIZE STREET CCTV- LINEAR FT 43,900.00 EA $2.20 $96,580.00 $1.05 $46,095.00 18 15 - < 18" PIPE SIZE STREET CCTV - LINEAR FT 6,000.00 EA $2.20 $13,200.00 $1.05 $6,300.00 19 6" PIPE SIZE STREET CCN- LINEAR FT 47,900.00 EA $2.20 $105,380.00 $1.05 $50,295.00 20 8" PIPE SIZE STREET CCN- LINEAR FT 133,000.00 EA $2.20 $292,600.00 $1.05 $139,650.00 21 10-12" PIPE SIZE STREET CLEANING - LINEAR FT 43,900.00 EA $3.10 $136,090.00 $1.35 $59,265.00 22 12 - < 18" PIPE SIZE STREET CLEANING - LINEAR FT 6,000.00 EA $3.99 $23,940.00 $2.50 $15,000.00 23 6" PIPE SIZE STREET CLEANING - LINEAR FT 47,900.00 EA $2.65 $126,935.00 $1.35 $64,665.00 24 8" PIPE SIZE STREET CLEANING - LINEAR FT 133,000.00 EA $2.65 $352,450.00 $1.25 $166,250.00 25 10-12" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 2,500.00 EA $2.44 $6,100.00 $6.00 $15,000.00 26 15 - < 18" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 2,500.00 EA $3.36 $8,400.00 $6.50 $16,250.00 27 6" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 5,000.00 EA $2.23 $11,150.00 $5.50 $27,500.00 28 8" PIPE SIZE STREET ROOT/GREASE REMOVAL -LF 2,500.00 EA $2.23 $5,575.00 $4.00 $10,000.00 29 ARTERIAL STREET TRAFFIC CONTROL - PER DAY 1 EA $1,500.00 $1,500.00 $1,400.00 $1,400.00 30 COLLECTOR STREET TRAFFIC CONTROL - PER DAY 1 EA $1,200.00 $1,200.00 $1,200.00 $1,200.00 31 LOCAL ACCESS STREET TRAFFIC CONTROL - PER DAY 1 EA $500.00 $500.00 $950.00 $950.00 Grand Total $3,569,092.00 Grand Total $1,908,132.00 SERVICE AGREEMENT FOR CLOSED CIRCUIT TELEVISED INSPECTION OF SMALL -DIAMETER WASTEWATER LINES Contract No. 682 THIS Inspection of Wastewater Lines Service Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and Ace Pipe Cleaning, Inc., of Kansas City, Missouri ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has proposed to provide Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines in response to Bid Event No. 90, which includes Specification No. 1105, dated 8/28/15; WHEREAS, the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Closed Circuit Televised Inspection of Small - Diameter Wastewater Lines in accordance with Bid Event No. 90 which includes Specification No. 1105, dated 8/28/15 ("Services"), which bid and related specifications, if any, are incorporated by reference into this Agreement as Exhibit "A". The Contractor's bid response to provide the Services is incorporated by reference into this Agreement as Exhibit "B". (Exhibits A and B are on file with the City's Purchasing Division and available upon request and payment of associated document fees, if applicable.) For paperwork reduction purposes only, attached to and incorporated by reference into this Agreement for the performance of Services is Attachment "A", the scope of Services which includes Specification No. 1105, and Attachment "B", the schedule of pricing for the Services, both attachments being condensed from Exhibits A and B. 2. Term. This Agreement is effective upon execution of the City Manager, with the time of performance commencing on the date a notice to proceed ("Notice to Proceed") is issued by the Contract Administrator and continuing for 12 months thereafter. The Agreement includes an option to extend the term for up to four additional 12 -month periods under the same terms and conditions and is subject to the approval of the Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1,908,132.00, subject to validly authorized extensions and changes. Payment will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who serves as the Major Projects Engineer, unless indicated otherwise in this Agreement. 5. Independent Contractor. Contractor shall perform the Services as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the City's Risk Manager and the Contract Administrator will be given at least thirty (30) days' notice of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request to Contractor. The Contractor's insurance requirements are attached to and incorporated by reference into this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement nor any right or interest in this Agreement held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Compliance with Laws. Contractor shall comply with all applicable federal, State, and local laws, rules, and regulations in the performance of this Agreement. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties must be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate State or federal court in Nueces County, Texas. Page 2 of 8 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the insurance requirements, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. Such Amendments will be authorized through a change order. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon 20 days' advance written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon 90 days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all applicable federal and State payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of taxes within 15 days of such request. 15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Temple Williamson, Major Projects Engineer P.O. Box 9277 Corpus Christi, TX 78469-9277 2726 Holly Rd. Page 3 of 8 Corpus Christi, TX 78415 Fax # (361)826-4442 IF TO CONTRACTOR: Ace Pipe Cleaning, Inc. 1509 Sylvania Ct. Fort Worth, TX 76111 Office: (817) 332-1115 Fax: (817) 332-1557 16. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid and contrary to any applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 17. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Page 4 of 8 18. Certificate of Interested Parties. Contractor agrees to comply with Texas Govern- ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. CONTRACTOR Signature: y? Vek_7(— Printed Name: Bruce Vantine Secretary / Treasurer Title: Date: 5'2-5-'/ CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work and Specification 1105, dated 8/28/15 Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit A: Bid Event No. 90, Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines, which includes Specification No. 1105, dated 8/28/15 Exhibit B: Contractor's Bid Response Page 5 of 8 ATTACHMENT A SCOPE of Work and SPECIFICATION NO. 1105 Page 6 of 8 CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 ATTACHMENT A SCOPE OF WORK AND SPECIFICATION CLEANING AND TELEVISED INSPECTION OF SMALL DIAMETER WASTEWATER LINES I. GENERAL The scope of work described herein is to include the cleaning and inspection work of small diameter wastewater lines, which includes line sizes less than, but not including, 18 inches in diameter. When performing cleaning and inspection work of wastewater lines that are 6 inches in diameter, refer to Section 3.9 "Special Instructions for Six (6) Inch Diameter Lines" for specific instructions. The estimated quantities of services are as noted on the bid event lines. Although actual quantities may vary, the descriptions and estimated quantities are to form the basis of the unit prices submitted by the Bidder. The Utility Department will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. The Utility Department will provide reference numbers for all manholes on the maps. These reference numbers shall be utilized by the Contractor(s) on video inspection reports. An Excel spreadsheet will list upstream and downstream manhole locations, linear footage inspected, location description, access location (i.e. street/easement), and GIS footage. Additional columns allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, comments, and section complete status. It shall be the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing work on any and all City -related projects or jobs (to include, but not necessarily be limited to, "Confined Space Entry"). WORK AND MATERIALS PROVIDED BY THE CITY The Utility Department will provide the following at no cost to the Contractor: 1. Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers, and/or streets, required to remove the Contractor's equipment caught in the sewer pipe due to sewer defects and not caused by the Contractor's negligence. Page 1 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 6. The designated City Project Manager who will act as a liaison between the Utility Department and the Contractor for the duration of the project. 7. A parking area to accommodate the Contractor's equipment, vehicles and materials, if requested by the Contractor, as long as such storage does not interfere with normal City operations. 8. A debris dump location to unload materials removed from the sewer pipes during cleaning. This facility is to be used only during the contract time limits, only for sewers located in Corpus Christi, and only sewers authorized to be cleaned in this contract. 9. Upon receipt of the Contractor's deposit, the City will provide a hydrant meter to the Contractor to be used only for obtaining water necessary to perform the cleaning requirements of this contract. The Contractor will provide meter readings as directed by the City. The Contractor will not be charged for water used to perform this project. II. TRAFFIC CONTROL The Contractor shall provide sufficient traffic control measures to ensure a safe condition and minimize inconvenience to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Uniform Traffic Control Devices, which provides a number of typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Traffic Department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls, including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flag -men and such temporary devices and relocation of existing signs and devices as necessary to safely complete the project. Temporary Traffic Controls shall be measured and paid on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The three classifications to be utilized in this project are local access streets (assumed to be 80% of work order sites), collectors (assumed to be 15% of work order sites), and arterials (assumed to be 5% of work order sites). These percentages are for information purposes only, are not guarantees, and will vary from actual quantities awarded. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. Street classifications are defined in and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan found on the City of Corpus Christi's website in the following location: http: www.cctexas.com/Assets/Departments/Development-Services/Files/design- standards UrbanTransportationPlanMap.pdf Page 2 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 III. WATER METER The Contractor will obtain and place a refundable deposit on a City -provided hydrant meter to record the water used for the cleaning operations. Water will be provided at no cost to the Contractor, provided the Contractor submits monthly use records as required by the City Project Manager. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions imposed by the City Project Manager should specific areas not be available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges and damage to hydrants or creating turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants. The Contractor is responsible for connecting to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. IV. TECHNICAL PROVISIONS The following specifications form the basis of the technical requirements of the service agreement. This specification shall govern for all work, equipment, supervision, and materials required for cleaning and remote CCTV inspection, as well as documentation of sanitary sewer or other lines, as required. 1. QUALIFICATIONS 1.1 The Contractor shall have a minimum of 5 years of documented municipal cleaning/CCTV experience and shall have inspected, as a company, a minimum of 500,000 linear feet under similar conditions. 2. CLEANING REQUIREMENTS 1.1 Clean ALL debris, such as dirt, gravel, rocks, grease, and other organic/inorganic debris, from existing lines and manholes to allow for CCTV inspection to proceed. The only price the City shall pay for all cleaning required herein are those amounts quoted by the Bidder in the Bid Sheet. For consecutive line segments or designated areas of the collection system, the Contractor shall clean from the most upstream segments and progress downstream, where possible. The Contractor will be required to clean the line segment using hydraulic equipment. The debris being removed from the pipeline shall be removed from the collection system at the receiving manhole and not be allowed to be merely moved to the next line segment. Adequate equipment, such as sand traps, wire baskets, etc., shall be used to prevent the migration of debris into downstream line Page 3 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 segments. Debris shall be properly discarded in accordance with local, state and federal regulations and as specified below. 1.2. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood WWTP, located at 1541 Saratoga Blvd., Corpus Christi, Texas 78415, unless otherwise directed by the City Project Manager. The Contractor shall coordinate dumping with the City Wastewater Department at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge wastes in the State of Texas and the City of Corpus Christi. 1.3. Cleaning Equipment - The cleaning equipment will be truck -mounted combination water jet/vacuum unit(s). The water jet performance shall be a minimum of 65 gallons per minute at 2,000 PSI. The unit(s) will be equipped with a minimum of 700 feet of 1" internal diameter sewer cleaning hose with working pressure ratings to match the rating of the water pressure. Nozzles used in the cleaning process will accommodate the full flow rating of the water jet and will be of proper choice for the cleaning application, including rotating nozzle for root and grease removal. Prior to the sewer cleaning operation, the City Project Manager and the Contractor will agree on a sewer cleaning sequence. In general, the sewer cleaning process will proceed from the upper ends of each sewer basin to the lower ends. Multiple passes with the water jet will be made to flush the debris to the manhole where the jet/vac unit is positioned. Sewers will be cleaned by introducing the water jet into the sewer line facing against the sewer flow and retrieving the water jet under pressure with the sewer flow. A handheld control gun will be used to thoroughly clean manholes from grade level. Debris will be removed by vacuum to minimize entry into manholes by the workers. The Contractor will collect and transport all debris removed during the sewer cleaning operation. Adequate equipment, such as sand traps, wire baskets, etc., shall be used to prevent the migration of debris into downstream line segments. Vacuum system performance will be at least 4,000 cubic feet per minute and 16" Hg vacuum pressure to ensure all debris can be efficiently removed from sewer without a worker entering the manhole. The Contractor is responsible for damages and cleanup caused by backups into homes/businesses due to the Contractor's cleaning operations. Page 4 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3. CCTV REQUIREMENTS 3.1 General Closed circuit television inspection will typically be done under one or more of the conditions listed below. Requirements for on-screen labeling during each line segment set up, televising, video file labeling, and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City to perform the work described in this specification. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and the monitoring of the collection system for back-ups and surcharges, while flow control devices are in place. 3.2 Inspection Equipment and Methods Electronic inspection software that is NASSCO PACP (version 6.0 or greater) compliant shall be used to record the condition of each inspected pipe segment. The minimum header information required for each inspection is presented in the Header Field Checklist herein. Video inspection is to be performed in the field by a NASSCO Pipeline Assessment and Certification Program (PACP) certified operator. The operator name and NASSCO certification number is required on each inspection. The Contractor will perform closed circuit video inspection of the sewers using current state-of-the-art technology and trained employees. The CCTV camera will have high-resolution color with adjustable iris focus. The CCTV camera will have pan -and -tilt capabilities that allow up -close and right-angled inspections of defects and other significant observations. Video camera will be equipped with a minimum 1000 feet of video cable. Lighting on the video camera will be suitable to allow proper illumination and a clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high-quality video image. The capture system shall have the capability of recording, digitizing and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to the City Project Manager), be transferable to flash drives, DVDs or hard drives, and have the ability to be printed at no additional cost to the City. In every case, all observations will be recorded in the field by currently certified PACP operators using PACP codes and protocols. Post inspection coding in an office will not be accepted. Page 5 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Footage distance measured by video system will be accurate within 1% and will be used to determine footages for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference points used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute so that the sewer line can be thoroughly examined by the City while reviewing video. If the inspection by the camera is impeded or stopped by roots, grease or other debris, the camera shall be removed and the sewer line shall be re -cleaned at no additional cost to the City. If re -cleaning does not remove the roots, the Project Manager shall be contacted to authorize the additional cost to remove the roots or obstruction. During the transit, the display must show the continuous distance from the insertion manhole with an accuracy of ± 1% of the actual length to assist in marking the observations on the report form. The video must display all notable PACP observations/codes. The Inspection Report shall consist of condition observations that are recorded using computer software generated formats conforming to NASSCO PACP version 6.0 or greater. Items considered notable include: deviations in alignment and grade; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, broken, properly/improperly installed service taps; debris, roots or other impediments to flow; and any other condition that may prevent either the proper completion of the inspection or affect any proposed rehabilitation process. Page 6 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI PURCHASING DIVISION HEADER FIELD CHECKLIST SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 Field # Header Field Mandatory Required for this Project 1 Surveyed By X la Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X 6 P/0 Number 7 Pipe Segment Ref. X 8 Date X 9 Time 10 Street X 10a City X 11 Location Details 12 Upstream MH No. X 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X 25 Shape X 26 Material X 27 Lining Method 28 Pipe Joint Length X 29 Total Length X 30 Length Surveyed X 31 Year Laid 32 Year Renewed 33 Media Label 34 Purpose 35 Sewer Category 36 Pre -Cleaning X 36a Date Cleaned X 37 Weather X 38 Location X 39 Additional Info. (Street or Easement) X 40 W/O # X 41 Project X 42 Pressure Value Page 7 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3.3 Flow Control The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the line in advance of the television camera to allow for the highest quality picture - with a 360 degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360 degree view of the pipe being televised. An excessively high water level, condensation blurring the lens, or a submerged camera may be grounds for the rejection of the inspection. All sewage flow from intersecting lines, many of which cannot be drawn down with the hydraulic jet nozzle, shall typically be controlled through the use of in- line plugs and/or vacuum trucks, and the costs are considered subsidiary to the inspection for all line sizes up to 18 inches in diameter. Plugs in intersecting lines shall be installed by the Contractor with no assistance from the City. The Contractor shall also monitor the upstream system for back-ups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all sanitary sewer overflows to the City Call Center at (361) 826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer's recommendations, including, but not necessarily limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, use of flow control devices per manufacturer's recommendations, traffic controls and hazards associated with working in wastewater collection systems. No bypass pumping is required under this scope of services. 3.4 CCTV with Obstructions Cleaning and televising is intended to traverse each line segment from manhole to manhole as specified in the work order. When an obstruction is encountered and cannot be removed, thus preventing the camera from proceeding, the obstruction will be recorded on the initial setup, and a reverse setup will be attempted to view the pipe and obstruction from the opposite direction. If the camera fails to reach the original cause for the reverse setup, then the Contractor will contact the City Project Manager to receive authorization for obstruction removal. If authorized, the Contractor shall remove the obstruction(s) if it is identified in the obstruction removal bid items below: a. Roots/Grease - Under this bid item, the Contractor shall remove roots/grease without damage to the main sewer to facilitate the CCTV inspection. The Contractor will use remote CCTV to monitor the progress of the roots/grease cutting. The Contractor shall immediately notify the City if it is believed that these activities will cause a sewer collapse due to the condition of the host pipe. All roots grease must be screened, collected, and removed from the sewer for proper disposal. The post roots/grease removal video inspection will be performed to confirm that the roots/grease were Page 8 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 removed, and normal flow is restored. The fee for the post roots/grease removal video inspection is included in the price for roots/grease removal. b. Protruding Service Tap Removal — Not included under this solicitation. When a protruding service tap obstruction prevents further inspection, then the Contractor will attempt to conduct the inspection from the opposite direction (reverse set-up). When other obstructions prevent a manhole -to -manhole inspection of the segment, the inspection shall be considered complete, and no additional inspection will be required. However, the line segment evaluation form, as well as the graphic report, shall note the full length of the line and the actual length traveled from each manhole set-up. All inspection efforts on the line segment will be recorded on the same media and in the same database. The Contractor must exert all reasonable effort to televise the entire length of a segment of the wastewater line as described in the work order documents or to assist the City repair crews with usable information for point repair. 3.5 CCTV Reverse Set-up: A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 700 feet cleaning hose length. 3.6 Easement Access: The Contractor will be responsible for providing equipment, including but not limited to, portable CCTV equipment, vehicles that are capable of transporting TV equipment and accessing remote easements, and adequate cleaning equipment to perform cleaning and inspection of lines located within rear easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. A separate bid item has been provided when access cleaning and, or inspection is only available through manholes located within easements. 3.7 After hours work: Normal working hours shall be considered as 8 AM to 5 PM, Monday — Friday, for the duration of the project. When authorized/required by the City Project Manager, the Contractor may perform inspections after hours. This may be necessary in some cases so that the inspection can be done during low flow periods, to minimize impacts on traffic safety, or for other reasons determined by the City. Page 9 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3.8 Confined Space Entry: When necessary to complete cleaning and inspection activities (including, but not limited to, plugging, flow control, etc.), and as authorized by the City Project Manager, the Contractor may enter manholes. All pertinent OSHA regulations will be followed and the Contractor will provide copies of confined space entry permits if requested. 3.9 Special Instructions for Six (6) Inch Diameter Lines: When cleaning and performing CCTV inspections of lines that are 6" in diameter, the Contractor must adhere to all of the aforementioned requirements with the following changes. Additionally, the Contractor must incorporate the following into the cleaning and inspection of 6" lines: a. Cleaning Equipment: Along with adhering to these operating requirements for cleaning represented in this specification, the nozzles must be compatible for use with the Envirosight JetScan camera system or an approved equal. The nozzles shall have a swivel platform on which to mount the video recording module to provide self -leveling capability and shall have a protective cage with front protection ring for camera and lights. b. Inspection Methods and Cleaning: The Contractor shall use an erasable white board to legibly print the segment identification number and inspection date. The Contractor will record the white board using the JetScan camera prior to starting the JetScan inspection of the pipeline. The minimum header information required for each inspection is presented in the Header Field Checklist herein. The Contractor will perform closed circuit video inspection of the sewers using the Envirosight JetScan camera system or approved equal. Lighting on the video camera will be suitable to allow proper illumination and a clear video image of the entire periphery of the pipe. The camera and other components of the video system will produce a high quality video image. The capture system shall have the capability of recording, digitizing, and storing videos and images. The camera will record high definition video with a minimum 720 lines of resolution in MPEG4 format. The video will be recorded on SD or SDHC cards. Video inspection will not exceed a traverse rate of 30 feet per minute so that the sewer line can be thoroughly examined. c. CCTV: When an obstruction is encountered and cannot be removed, thus preventing the camera from proceeding, the obstruction will be recorded on the initial setup, and a reverse setup will be attempted to view the pipe and obstruction from the opposite direction. The Page 10 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Contractor shall use extreme caution if attempting reverse cleaning, jetting from downstream to upstream, to prevent splashing in bathrooms or causing backups into buildings. A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 700 feet cleaning hose length. V. DELIVERABLES 4.1 Television Inspection Logs: Electronic media inspection logs/records shall be kept by the Contractor and will clearly show the location, by distance in increments of 1/10 of a foot, from the manhole wall in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as the locations of service connections, unusual conditions, roots, storm sewer connections, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features as defined in the PACP defect codes, will be recorded on electronic media, and a copy of such records will be supplied to the Owner. Digital photographs of the pipe condition and all defects shall be taken by the Contractor. Photographs shall be located by distance in increments of 1/10 of a foot, from the manhole wall in relation to an adjacent manhole. 4.2 Electronic media recordings: The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by the Owner. Each original electronic media recording of conditions and defects will be delivered to the City at least monthly and summarize lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. The Contractor is required to provide NASSCO PACP compliant computer software -generated Inspection Report products to the Owner, as a result of each work order issued. Acceptable submissions become the property of the City. The electronic recordings will have read-only software that will facilitate viewing and printing additional copies of the inspection report and digital photographs. The CD or DVD ROM or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Utilities Department within ten (10) calendar days of the last day of the performance period. 4.3 Quality Control: Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lens, and blurry or hazy pictures determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. Page 11 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 4.4. Upon the completion of the project, one (1) properly labeled flash drive, hard drive or DVD (as appropriate for the size of the project), will be required along with one (1) hard copy report. The media will be properly labeled to identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: Project Name Work Order Contractor Name, Address, Contact Number Date All required reports, databases, photographs and video are to be from City - approved, software -generated formats. Hard copy reports will be printed single - sided on 81/2" x 11" paper, in color to improve the definition of problem areas, and delivered with the media. The final project submittal must be reconciled with the monthly billings with regards to quantities of work completed or any exceptions noted. One report is required for each project (which may consist of an entire neighborhood with numerous child work orders for each line segment). The Contractor's proposed software must be approved before the first work order is initiated. The final submittal must include a table of contents that summarizes all line segments cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, from the lowest number to highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval. VI. MEASUREMENT AND PAYMENT Unless otherwise indicated, the Cleaning and Televised Inspection of Wastewater Lines shall be measured by the linear foot of actual pipe inspected. The Bid provides separate unit bid prices for the cleaning and CCTV of lines where access is located with street right-of-way and where access is located within rear utility easements. Payment will be made at the contract prices Page 12 of 21 CLEANING AND CCTV INSPECTION Hard Copy On Media 1. Project Summary Report (pdf or approved equal) ✓ V 2. CCTV Defect Listing Log (pdf or approved equal) V V 3. Condition Code Summary (pdf or approved equal) ✓ V 4. Cleaning Log (pdf or approved equal) V V 5. NASSCO PACP compliant Access Database V 6. Video files (mpeg, wmv or approved equal) V 7. Defect photographs (jpg or approved equal) V 8. Cleaning Log Summary (xls or approved equal) V One report is required for each project (which may consist of an entire neighborhood with numerous child work orders for each line segment). The Contractor's proposed software must be approved before the first work order is initiated. The final submittal must include a table of contents that summarizes all line segments cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, from the lowest number to highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval. VI. MEASUREMENT AND PAYMENT Unless otherwise indicated, the Cleaning and Televised Inspection of Wastewater Lines shall be measured by the linear foot of actual pipe inspected. The Bid provides separate unit bid prices for the cleaning and CCTV of lines where access is located with street right-of-way and where access is located within rear utility easements. Payment will be made at the contract prices Page 12 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 which are to include all labor, equipment, materials and supervision necessary to complete the item. If required or authorized by the City, additional payment will be made, per linear foot, for after-hours work. The Project Deliverables must be submitted, reviewed, and approved by the City as a prerequisite to the final payment being made to the Contractor. Roots/Grease Removal, when authorized by the City, shall be measured and paid by the linear foot of actual pipe cleaned and inspected. The cutting/grinding of protruding service taps are not included under this solicitation. Reverse CCTV Set -Up shall only be measured and paid if an obstruction is encountered during the initial set-up, which could not be removed per Section 2.4, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (700 feet) or CCTV cable (1000 feet) lengths. No reverse set-up fee will be authorized if the CCTV camera does not fit due to physical restrictions at the reverse location. Traffic Control will be measured and paid on a per day basis. Payment shall include, but not be limited to, furnishing, installing, moving, replacing, and maintaining all temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flag -men and such temporary devices and relocation of existing signs and devices and all materials, labor, equipment and incidentals necessary to provide a safe condition and to complete the work. Page 13 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Example Documentation and Deliverables 1. Project Summary Report (pdf or approved equal) 2. CCTV Defect Listing Log (pdf or approved equal) 3. Condition Code Summary (pdf or approved equal) 4. Cleaning Log Summary (xls or approved equal) 5. Example Neighborhood Data/Map Page 14 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 Fax 816 241.5054 'roject umrnarA 1. Project Summary Report (1 of 2) ri A N O 0 0 O 0 QQ0 9 7 9 amp 0 G O n A 0 eel N Example I 1 1 1129636 1130106 1 4 f 4 a 1130720 1130109 1130109 1177221 f f a a 1127221 1130110 Page 15 of 21 CLEANING AND CCTV INSPECTION 1130110 11 1129635 1130110 CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION 1 DATE REVISED: 8/28/15 1. Project Summary Report (2 of 2) o O O OOH C� O uof1i a; d d C yO1. Q� sol q�r Example M 1.1 ash PI el IM M 1D/31/Zza mW rev Page 16 of 21 CLEANING AND CCTV INSPECTION 4 4 O a a1.7 0 Z CITY OF CORPUS CHRISTI PURCHASING DIVISION 2. CCTV Defect Listing Log Defect Listing Plot Left SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 Contractor Name Address Phone Pipe Segment Refere 070141530-070141520 City CORPUS CHRISTI Street ELIZABETH ST Matanal Vitrified Clay Pipe Locahon C . Light High... Sewer Use \ Sanitary Upstream M 070141530 Total Length 34 Year Laid Shape Circular Location Details CENTER OF ELIZABETH DS Marto! 070141520 Length surveyed 347 Year Renewed Height 12 Width 12 Pipe Joint... J SPR 274 MPR 14 PO Number Customer \ SPRI 4 MPR( 2 Work Order Purpose Routine Assessment OSR 4L32 OMR 2700 OPR 288 Surveyed By Jonathan McGuire Direction Downstream Date 20140825 Media label OPRI 3.8 Certificate Number U-1213-06019780 Pre -Cleaning Heavy Cleaning limo 09:34 Weather Dry Date Cleaned End Time 10:28 Additional Info 070141530 Code: 0.0 ft Access Point Manhole USMH 0.0 ft Water Level 5 4 ft Crack Multiple 1 cture Multiple 26 2 ft Cra k Multiple Continuous: Pos: Val 1 / 2 : % : Gallons 0-0 0-0 5 8-4 StartSO1 11 -5 8-12 35.8 ft. :Water Level Sag Start SO2 42.4 ft. l Fracture Multiple End F01 1 42.4 ft. (Fracture Multiple Start S03 1 63.8 ft. (Tap Break -In intruding 63.8 ft. ,Water Level Sao End F02 100 3 ft Tap Factory Made 147.4 ft Tap Break -In Active 219 6 ft Tap Break -In Active 11-0 6 1-0 1 12-0 6 235 1 ft ;Tap Break -In Active 12 - 0 6 Page 17 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI SPECIFICATION NO. 1105 PURCHASING DIVISION DATE REVISED: 8/28/15 3. Condition Code Summary PACP Conditions Contractor Name Address Phone Pipe Segment Refer') 070141530-070141520 City CORPUS CHRISTI Street ELIZABETH ST Material Vitrified Clay Pipe Location C... Light High... Sewer Ur., Sanitary Upstream MH 070141530 Total Length 347 Year Laid Shape Circular Location Details CENTER OF ELIZABETH... DS Manhole 070141520 Length surveyed 347 Year Renewed Height 12 Width 12 Pipe Joint... SPR 274 MPR 14 PO Number Customer 1 SPRI 4 MPRI 2 Work Order Purpose Routine Assessment QSR 4L32 OMR 2700 OPR 288 Surveyed By Jonathan McGuire iroction Downstream Date 20140825 Media label OPRI 3.8 Certificate Number U-1213-06019780 Pro-' - Heavy Cleaning Time 09:34 Weather Dry 0 Date Cleaned End Time 10:28 Additional nfo l Normal Defects Structural Ratings 0 & M Ratings Combined Ratings Grade Rating No. Occur. Rating Grade Rating No. Occur. Rating Grade Rating No. Occur. Rating 1 0 0 1 0 0 1 0 0 2 0 0 2 1 2 2 12 3 2 6 3 0 0 3 2 6 4 0 0 4 0 04 0 0 5 0 0 5 0 0 __ 5 0 0 Continuous Defects Code ID Length FM F01 31.5 4 6 24 0 0 0 4 6 24 MWLS F02 28.0 0 0 0 2 6 12 2 6 12 FM F03 304.6 4 61 244 0 0 0 4 61 244 Subtotals 69 Subtotals 7 _ Subtotals 76 1 SUMMARY Pipe Rating 274 Pipe Rating 14 Overall Pipe Rating 288 Structural Index 4.0 O&M Index 2.0 Overall Index 3.8 Str, Quick Rating 4L32 O&M Quick Rating 2700 Ovrl. Quick Rating 4L32 Page 18 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI PURCHASING DIVISION 0 cc mmo to V to 7 : O U O U to co (A a Q M 5. zo j I 0 0 0 a m aCC CC Q 4. Cleaning Log Summary .43 o o N a o v r v `o o Level of Solids Z v o.c Other II O Heavy 1 None I A iiii h v, ro y a m a =tp L 1 H x 17;O,Awl i0:&fr4 $ 1 1 _ 1 [Length Cleaned: 4406' Remarks: g~ yCP iveZL/e $oT berth rh/itte 1,4t. Cud' /the or -Jr Iti or+lV'lYo fe'nort nozzle re,.. 1ei•k5 tfrc.0 • irearovad clabes, pcs. of bro/S'em prp'' e Work Order j At Manhole 1 To Manhole Start Time 1 End Time i No.Passes I No SSO 1 SSO i HTH 'Address a7k 6C F be/ $ ,rr Or. Length Cleaned' 4oL' Remarks: g" VeP (ew►avod debriS, Foci. 0 bfoken aip.2. �^ ya-s 3 3iYe ' No SSO SSO 1 HTH ' IlAddress Pork Dry Length Cleaned: 51(o..` Remarks: S" ve, (Gw,overi eiebeis, pcS. of br,. K,K fp,e.e -- 4.4 No.Passes 1 No SO ,11 � a P ui t {a w a EE Ip 1 I I"' 'E 9, ` Work Order 1 At Manhole 1 To Manhole I C O a V g1 g p p O lT o a°. p v.` a a Work Order I At Manhole SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 Work Order At Manhole To Manhole Start Time End Time No.Passes No SSO SSO HTH �— Type of Solids 1290/04,664' gb I gab k 0 a: / gp+h S: Zo*✓_ S� Grease Debris Silt Other Address 'Length Cleaned: 4,101` ✓ Remarks: ' 'V CP yto Wed .,.brar act. .. f L._ L _ _ 11 Level of Solids Page 19 of 21 CLEANING AND CCTV INSPECTION d 0 eu 0 z 0) x u 0 2.5 0 S' 0 A pv 44) • • VI Debris Removed CITY OF CORPUS CHRISTI PURCHASING DIVISION SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 5. Example Neighborhood Data/Map Work Order: Year 1 Westgate Heights Pipe Size Length 6 4627 8 6017 10 729 Total 11373 Item Maximo ID Year (1-10) Neighborhood Name Install Date Easement/Street Length Pipe Size 1 WWMAIN30981050 1 WESTGATE HEIGHTS 11/30/1999 Easement 284 8 2 WWMAIN30981053 1 WESTGATE HEIGHTS 11/30/1999 Easement 210 8 3 WWMAIN30981147 1 WESTGATE HEIGHTS 11/30/1999 Easement 335 6 4 WWMAIN30981837 1 WESTGATE HEIGHTS 11/30/1999 Easement 557 8 5 WWMAIN30982543 1 WESTGATE HEIGHTS 11/30/1999 Easement 330 6 6 WWMAIN30983009 1 WESTGATE HEIGHTS 11/30/1999 Easement 166 6 7 WWMAIN30983376 1 WESTGATE HEIGHTS 11/30/1999 Street 308 8 8 WWMAIN30983495 1 WESTGATE HEIGHTS 11/30/1999 Street 334 6 9 WWMAIN30984497 1 WESTGATE HEIGHTS 11/30/1999 Easement 123 6 10 WWMAIN30984619 1 WESTGATE HEIGHTS 11/30/1999 Easement 124 6 11 WWMA1N30984624 1 WESTGATE HEIGHTS 11/30/1999 Easement 275 6 12 WWMAIN30984882 1 WESTGATE HEIGHTS 11/30/1999 Easement 79 6 13 WWMAIN30985047 1 WESTGATE HEIGHTS 11/30/1999 Street 452 6 14 WWMAIN30985830 1 WESTGATE HEIGHTS 11/30/1999 Easement 277 6 15 WWMAIN30986977 1 WESTGATE HEIGHTS 11/30/1999 Easement 728 6 16 WWMAIN30987038 1 WESTGATE HEIGHTS 11/30/1999 Easement 52 6 17 WWMA1N30987843 1 WESTGATE HEIGHTS 11/30/1999 Easement 353 8 18 WWMAIN30987952 1 WESTGATE HEIGHTS 11/30/1999 Easement 279 8 19 WWMAIN30988247 1 WESTGATE HEIGHTS 11/30/1999 Easement 176 8 20 WWMA1N30988347 1 WESTGATE HEIGHTS 11/30/1999 Easement 129 8 21 WWMAIN30988544 1 WESTGATE HEIGHTS 11/30/1999 Easement 502 10 22 WWMAIN30988745 1 WESTGATE HEIGHTS 11/30/1999 Easement 290 8 23 WWMA1N30989155 1 WESTGATE HEIGHTS 11/30/1999 Easement 227 10 24 WWMAIN30989770 1 WESTGATE HEIGHTS 11/30/1999 Street 447 8 25 WWMAIN30989780 1 WESTGATE HEIGHTS 11/30/1999 Easement 68 8 26 WWMAIN30990480 1 WESTGATE HEIGHTS 11/30/1999 Street 153 8 27 WWMAIN30991448 1 WESTGATE HEIGHTS 11/30/1999 Street 165 8 28 WWMAIN30991510 1 WESTGATE HEIGHTS 11/30/1999 Easement 119 6 29 WWMAIN30991664 1 WESTGATE HEIGHTS 11/30/1999 Street 181 8 30 WWMAIN30991883 1 WESTGATE HEIGHTS 11/30/1999 Easement 236 6 31 WWMAIN30992006 1 WESTGATE HEIGHTS 11/30/1999 Easement 537 8 32 WWMAIN30993197 1 WESTGATE HEIGHTS 11/30/1999 Easement 41 6 33 WWMAIN30993428 1 WESTGATE HEIGHTS 11/30/1999 Easement 94 6 34 WWMAIN30993620 1 WESTGATE HEIGHTS 11/30/1999 Street 103 6 35 WWMA1N30994713 1 WESTGATE HEIGHTS 11/30/1999 Easement 353 8 36 WWMAIN30994823 1 WESTGATE HEIGHTS 11/30/1999 Street 149 8 37 WWMAIN30995211 1 WESTGATE HEIGHTS 11/30/1999 Easement 331 8 38 WWMAIN30995359 1 WESTGATE HEIGHTS 11/30/1999 Easement 355 6 39 WWMAIN30996231 1 WESTGATE HEIGHTS 11/30/1999 Easement 43 6 40 WWMAIN30996780 1 WESTGATE HEIGHTS 11/30/1999 Street 150 6 41 WWMAIN30997000 1 WESTGATE HEIGHTS 11/30/1999 Street 100 6 42 WWMAIN30998188 1 WESTGATE HEIGHTS 11/30/1999 Street 111 6 43 WWMAIN30998524 1 WESTGATE HEIGHTS 11/30/1999 Street 709 8 44 WWMAIN30999114 1 WESTGATE HEIGHTS 11/30/1999 Street 338 8 Street 3700 Easement 7673 Total 11373 Page 20 of 21 CLEANING AND CCTV INSPECTION CITY OF CORPUS CHRISTI PURCHASING DIVISION i AH D SPECIFICATION NO. 1105 DATE REVISED: 8/28/15 NMI 111011 IMIfil arn 0 .. /irbee ,,i to,.4-4-4 ilituA, , woo •iw wi itorit#0 • wy4fikettot-iiirivita), ittli Gmtt• imam et a sr 4631110 NM frispliniii ihn, or liargrowit Olt/Omit:..r; .., .~ ' a 'a.1n. 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ON TRA *1414.111 r.sws wwIKATUrnsn w_.aty ..u.. ww4AIMHIMI sus wwwatquew9. ++^ •e98sras9 www•sniisnns Page 21 of 21 CLEANING AND CCTV INSPECTION 09 Cwprp Christi, Tor Westgate Nelphts [maple NYpMwhooC Step a9alweo ril:w AMAS s ATTACHMENT B SCHEDULE OF PRICING Page 7 of 8 ATTACHMENT B -SCHEDULE OF PRICING > 88mgg2A2i:80000mF1,gi L8888. i N N Zi N N N N N N N ti N N N Li h N N N N La N N N 88 2 N N a �4 H VI N 888888888888888888888888888888 -N�pB8§8Nm§_QEi8�mN8R$8RPQ88N888 L .Ylr N N NN N p1 N N N n .i N vA, N O N N N N N m N N N N N N N N N h IS 88NNrv,92,1p 8m8NNNN2RLgtT4APP8o88 N 8 N N N N d N N d N h N N N Nd N N N Ca H N N N 8 8rq EtZ 4/1 i QQ QQ Q a Q QQ¢ ¢ a QQ¢ Q Q a Q QQ Q g w n W n g 6 n W 6 ul 6 6 w n W n n 6 w n W ul ul w w w ug W 6 888888888888 888888888888""^ "s$$$s§$§as$s s§§$s§s§ss$s 0 <<a< LLtt8888 vmi m w c m f E W W ri t ri t>>>> 0=mc zzz J ,,, cco zn4n5 ' ���w Ltttzziui"m,w¢mcm ^ozzzoo0o -s 5Etxtm,� r� O � 7 2 2 2 l7 �U' lm7 mU' < < � ' � 7 w a a a WZ JZ z z z F F F z z z J l7 l7 l7 l7 m¢ m 222 c o u u u,i d u d 000°. a o o$ o 0 0 0 r r r r r r r r r r r r D? 2 2 Z z z z z 66 z z z w u V u u V U V V¢ z 2 u u u E 0 j w Ix tx w ig w N L> wm w� Q c¢¢ "'""- a a _2a u„ a,ia.,n5�5. ww W n6gw vri"ri"riGGrA�"rirEIGI cz .n rrr $1,908,132 00 0 8 ATTACHMENT C INSURANCE REQUIREMENTS Page 8 of 8 ATTACHMENT C INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Utilities one (1) 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 listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises Operations 3. Products Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of 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 renewal certificates of insurance throughout the term of this contract and any extensions within 10 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. 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, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. 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. 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 contract. 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 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 Utilities Department Cleaning and Televising of Waterlines 9/3/2015 ds Risk Management CERTIFICATE OF 90-1 PR 20079 Small diameter Wastewater Name of Interested P Ine Cleaning and Inspection trty INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Ace Pipe Cleaning, Inc. Kansas City, MO United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-22362 Date Filed: 03/07/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 4 5 Check only if there is NO Interested Party. City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 6 AFFIDAVIT 1°:;%.1'.0.1,,N th�: c?. NOTARY t;-,�' 5 PUBLIC z ' S NOTARY SEAL #15385237 AFFIX NC?7•AIt;`Og1Q/O a Sworn to and suh`St h OF 1fae2'me,by the said 43—ace 2-0.5 20 /(4.1 , to certify which, witness my hand and seal of office. I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. /3A, Signature of authorized agent of contracting business entity Signa(ure of officer administering oath , this the O Es.4C',44-1/&-w 7— Printed Printed name of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us day of /4`7'7.4 6W Title of officer administering oath Version V1.0.312 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 19, 2016 Second Reading for the City Council Meeting of April 26, 2016 DATE: March 29, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 5246 Lexington Road CAPTION: Case No. 0316-01 May Dev., LP: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property is described as Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358). PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Vote Results: For: 6 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District to allow commercial uses. The applicant indicates that no specific development plans exist for the property at this time. The applicant seeks to change the zoning designation to a designation that is in accordance with the Future Land Use Map. The requested "CG -2" General Commercial zoning designation is largely consistent with the Future Land Use Map and the Southside Area Development Plan and a change from medium density residential uses to commercial uses will not alter the overall intent of the Southside Area Development Plan and the Future Land Use Map. The amendment is compatible with present zoning of nearby property and to the character of the surrounding area. The "CG -2" District would allow uses that are suited for the property and will not have a negative impact on adjacent uses. ALTERNATIVES: 1. Approve an intermediate zoning district 2. Deny the request. OTHER CONSIDERATIONS: The City's adopted Urban Transportation Plan includes the alignment for Williams Drive, a "C3" Primary Collector, a portion of which is planned to be constructed along the southerly boundary of the subject property. It is anticipated that a dedication of property from this property for right-of-way will be necessary. Staff finds that further analysis is required to determine if the existing roadway section of Lexington Road from South Padre Island Drive to the southerly boundary of the property is sufficient to support the number of vehicle trips likely to be generated by commercial development on the subject property. The number of peak hour trips could be around 500 peak hour vehicle trips, depending on the uses developed. Consequently, it is important to note that future improvements to Lexington Road may be required in conjunction with development of the subject property. The determination of required improvements will occur with the review and approval of subsequent development applications. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is largely consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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 BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by May Dev., LP ("Owner"), by changing the UDC Zoning Map in reference to Lot 6, Block 1, Bridgepoint Landing, 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 May Dev., LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District, and on Tuesday, April 19, 2016, 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 May Dev., LP. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358) (the "Property"), from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District (Zoning Map No. 039034), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning amends the Future Land Use Map, an element of the Comprehensive Plan, to show the entire Property for 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0316-01 May Dev., LP Page 2 of 2 ti RS -6 3S8 Cak RS -4.. 800 Feet RM -3 Date Created: 3/3/2016 Prepared By: IvetteM Department of Development Services CASE: 0316-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 O LOCATION MAP rp SUBJECT PROPERTY Cayo Del Oso 1 City of Corpus Christi Exhibit A Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0316-01 HTE No. 16-10000008 Planning Commission Hearing Date: March 23, 2016 Applicant & Legal Description Owner: May Dev., LP Applicant/Representatives: Urban Engineering Legal Description/Location: Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre Island Drive (SH 358). Zoning Request From: "RM -1" Multifamily 1 District To: "CG -2" General Commercial District Area: 11.515 acres Purpose of Request: To allow commercial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Commercial, Drainage Corridor and Medium Density Residential North "CG -2" General Commercial Commercial Commercial South "RS -6" Single -Family 6 Vacant Low Density Residential East "CG -2" General Commercial and "RM -3" Multifamily 3 Vacant and Public/Semi Public Commercial, Drainage Corridor and Medium Density Residential West "RS -6" Single -Family 6 Vacant and Drainage Corridor Commercial and Drainage Corridor ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is largely consistent with the adopted Future Land Use Map and the Southside Area Development Plan. A very small portion of the southeast corner of the property is planned for medium density residential uses. Map No.: 039034 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 800 feet of street frontage along Lexington Road, which is a 01 Minor Residential Collector street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Lexington Road "01" Minor Residential Collector 60' ROW 40' paved 66' ROW 20' paved N/A Williams Drive "C3" Primary Collector 75' ROW 50' paved Does not exist N/A 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 commercial uses. Development Plan: The applicant indicates that no specific development plans exist for the property at this time. The applicant seeks to change the zoning designation to a designation that is in accordance with the Future Land Use Map. Existing Land Uses & Zoning: The subject property is vacant and zoned "RM -1" Multifamily 1 District. North of the subject property is a commercial boat sales business in the "CG -2" General Commercial District which is owned by the subject property owner. All other surrounding properties are vacant, "RS -6" Single -Family 6 to the south and west, and "CG -2" General Commercial and "RM -1" Multifamily 1 to the east. A very small portion of the southeast corner has a public/semi-public use. Transportation: The City's adopted Urban Transportation Plan was recently amended to realign the planned collector roadway named Williams Drive. Williams Drive is pertinent to this application as it is planned to abut the subject property along the southerly property line. Williams Drive is a "C3" Primary Collector planned for a right-of- way width of seventy-five (75) feet. Although there are no immediate plans to construct Williams Drive in the area abutting the subject property at this time, additional right-of- way is needed to ensure sufficient right-of-way exists for eventual construction. Staff finds that the existing roadway section of Lexington Road from South Padre Island Drive to the southerly boundary of the property may be insufficient to support the number of vehicle trips likely to be generated by commercial development on the subject property. The number of peak hour trips could be around 500 peak hour vehicle trips, depending on the uses developed. Consequently, it is important to note that future improvements to Lexington Road may be required in conjunction with Planning Commission Final Report Page 3 development of the subject property. The determination of required improvements will occur with the review and approval of subsequent development applications. 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. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is largely consistent with the Southside ADP and the adopted Future Land Use Map's designation of the property for commercial uses. Comprehensive Plan and Southside Area Development Plan policies applicable to this application include the following: • Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. • Comprehensive Plan Residential Policy Statement E: Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. • Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts of land within developed areas. • Comprehensive Plan Residential Policy Statement 1: Incompatible industrial and commercial land uses should not abut residential areas. • Comprehensive Plan Commercial Policy Statement D: Expansion of commercial uses into or within residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted area. • Southside Area Development Plan Policy Statement: High-intensity commercial and industrial uses should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E)Other transitional land uses. Department Comments: • The Future Land Use Map splits the subject property along the drainage corridor and designates the largest portion suitable for commercial uses and a small portion for medium density residential uses. • The requested "CG -2" General Commercial zoning designation is largely consistent with the Future Land Use Map and the Southside Area Development Plan. • A change from medium density residential uses to commercial uses will not alter the overall intent of the Southside Area Development Plan and the Future Land Use Map. Planning Commission Final Report Page 4 • The amendment is compatible with present zoning of nearby property and to the character of the surrounding area. • A "CG -2" District would allow uses that are suited for the property. • Approval of the change in zoning may further policies of the Comprehensive Plan that pertain to infill development. • The zoning change will not have a negative impact upon the surrounding properties from a land use perspective. • Subsequent development of the subject property may further the City's adopted Urban Transportation Plan as it pertains to the construction of Williams Drive, a planned "C3" Primary Collector. A dedication for right-of-way will be necessary to further the Urban Transportation Plan. • Development standards and requirements in the Unified Development Code and adopted construction standards will ensure that eventual development occurs in a manner that will be compatible with future adjacent development. o Specific development requirements including but not limited to infrastructure requirements and so forth will be determined via subsequent permit processes. 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. Public Notification Number of Notices Mailed — 11 within 200 -foot notification area 3 outside notification area As of March 29, 2016: In Favor — 1 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. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-01 May Dev., LP (Bridgepoint)\Council Documents\Report- _0316-01 May Dev., LP.docx E Q LOCATION MAP ti 0 " 0 ti - v ti- �Z 4, R S .6` Willi Glen e Gre. ted: 3/2/2016 ,Pre0SLad ByalvetteM Depart ent of De%t elopt}i lit SUrvice6 47 CASE: 0316-01 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 City of Corpus Christi o�p3s c-4, G 7. Ym v y x 18s2 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION >. 0 cu m N C1 f$ 0 Case No.: PC Hearing Hearing Hearing . A MAXIMUM * INCOMPLETE 0316-01 Map No.: 039034 Date: 3/23/16 Proj.Mgr: Location: City Hall, Council Chambers, 1201 Leopard Street Time: 5:30 p.m. PER HEARING. OF FIVE REZONINGS CASES ARE SCHEDULED APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Mailing City: Corpus E-mail: Urban Engineering Contact Person : Xavier Galvan address:2725 Swatner Drive Christi State: TX ZIP: 78404 Phone: (361 ) 854-3101 Cell: ( ) 2. Property Mailing city:Be-villestate:TX Owner(s): May Dev., LP Contact Person : Alex May Address: P.O. Box 101 ZIP 78104 Phone: (361 )533-0994 E-mai Cell: ( ) 3. Subject Current 12 -Digit Subdivision Legal Property Address: 5246 Lexington Road Area of Request (SFlacres): 11.515 Acres Zoning &Use: RM -1 (Agricultural Use) Proposed Zoning &Use: CG -2 (Commercial) Nueces County Tax ID: 0984 - 0001 _ 0060 Name: Bridgepointe Landing Block; 1 Lot(s): 6 Description if not platted: 4. Submittal Requirements: 0 Early Assistance Meeting: Date Held CO Land Use Statement © Disclosure IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent o Metes & Bounds Description with exhibit ❑� Appointment of Agent Form if landowner 1-25-16Dolores Wood. Miguel Torres, Andrew Dimas & Juan Lerma ; with City Staff of Interest 0 Copy of Warranty Deed with Future Land Use Plan) 0 Site Plan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) ll Lien Holder Authorization is not signing this form 1 certify that I have provided the City of Corpus Christi with a complete applicatio, for reyyy w; JJh(t I am authorized to initiate this rezoning / as or on behalf of the Property Owner(s); and the i. ormati (i s accurate. erorAgen' gnature it/oG 4 /96.8 Applican' Signature/ W. Alex %?dm&/cr 4. i4Y .UCC'FtJlr C- 2i? } �.k. Owner or Agent's Printed Name Applicant's Printed Name Office Use Rezoning No. Signs Only: Date Received: Fee: $1,976.75 2-22-16 Received By: BKP ADP: SS + PUD Fee 0 + Sign Fee 10.00 = Total Fee $1,986 7S Required 1 @ $10/sign Sign Posting Date: 3/44-6-- ..—., [aooimd 5H 2/2515 .. KV&VS.I OfMFNTSVCSIS ARrrt AND OF VFI OMENnAPPI ICATION FORMSViFIONINGVONING APPI IGATION 1015. PUS 4'', 0174 I y. f -` 185 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.: Map No.: PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. PER HEARING. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Urban Engineering Contact Person :Xavier Galvan Mailing Address:2725 Swatner Drive City: Corpus Christi E-mail: State: TX zip: 78404 Phone: (361 ) 854-3101 Cell: ( 2. Property Owner(s): May Dev., LP Contact Person : Alex May Mailing Address: P.O. Box 101 City: B E-mail: .TX zip:78104 Phone: (361 ) 533-0994 Cell: ( ) 3. Subject Property Address: 5246 Lexington Road Area of Request (SF/acres): 11.515 Acres Current Zoning & Use: RM -1 (Agricultural Use) Proposed Zoning & Use: CG -2 (Commercial) 12 -Digit Nueces County Tax ID: 984 - 0001 _ 0060 Subdivision Name: Bridgepointe Landing Block: 1 Lot(s): 6 Legal Description if not platted: 4. Submittal Requirements: Date Held 11 Disclosure is inconsistent with exhibit landowner 1-25-16 ; with City Staff Dolores Wood, Miguel Torres, Andrew Dimas & Juan Lerma ❑ Early Assistance Meeting: of Interest Nj Copy of Warranty Deed 0 Land Use Statement IF APPLICABLE: ■ Peak Hour Trip Form (if request with Future Land Use Plan) ■ Site Plan for PUD or Special Permit ❑ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) is not signing this form I7 Lien Holder Authorization ❑ Appointment of Agent Form if certify that I have provided the City of Corpus Christi with a complete applicatio for re h as or on behalf of the Property Owner(s); and the i armatii t I am authorized to initiate this rezoning ' s accurate. „djavrimer or Agegnature Appliean ' Signature 1 W. Alex ',1.. ,Je ve C_ f r2 • iu Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No, Signs Required @ $10/sign Sign Posting Date: K:1DEVELOPMENTSVCSISFfARE61LAND DEVELOPMENTIAPPLIGATION FORMSIREZONINGIZONING APPLICATION 2015.DOG Form Revised 5/12/2015 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. Our client is requesting a change of zoning from RM -1 to CG -2. Our client does not have any specific plans for the property at this time. The proposed zoning is consistent with the City of Corpus Christi future land use map. 2. Identify the existing land uses adjoining the area of request: North - CG -2 (Commercial) South - RM -1 (Lift Station) East - CG -2 and RM -3 (Agricultural) West - RS -6 (Agricultural) C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND 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: May Dev., L.P., a Texas limited partnership STREET: P.O. Box 101 FIRM is:OCorporation ®Partnership CITY: Beeville ZIP: 78104 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 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 NIA 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: W. Alex May (Print Name) Signature of Certifying Person: Title: Managing Member Date: 2--/7. K:IDEVELOPMENTSVCSISHAREO\LAND DEVELOPMENT APPLICATION FORMSIREZONINGSDISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC 1111111111111111111, MOW City of Corpus C1r1st1. 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: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas Bp: 78404 FIRM is: ❑x 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) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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: ek,J 1 e. ��41,�^„ Title: \.- (Print) Signature of Certifying Person: Date: 2 _"t/_-140 K,IDEVELOPMENTSVCSISNAREDILAND DEVELOPM TFRORF}I NCL AD\ 1INISTRA ION ' PLICATION FORMS\FORMS AS PER LEGA1.120121DISCLOSURE OF INTERESTS STATEMENT1. 27.12_ DOC NAME: STREET: CITY: ZIP: FIRM is: Corporation Partnership Sole Owner Association °Other 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". /2JJ-ter ) v1 /i' /LP 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 //OA/6 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 / /ON 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 No/0R 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: a -limier A. AAAv (Print Name) Signature of Certifying Person: //-4-4A4,42 Title: u -/X P�'RrAlER Date: 2 `Z 3-/6 K'.IDEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTIAPPLICATION FORMS \ REZONING \DISCLOSURE OF INTERESTS STATEMENT_5.12.2O15.DOC Beverly Priestley From: jhowdencc@aol.com Sent: Sunday, March 13, 2016 10:24 AM To: Beverly Priestley Subject: Rezoning case # 0316-01 Good Morning Beverly, I spoke with you last week concerning the rezoning of a lot on Lexington Road. The case number is 0316-01. My concern is the traffic any commercial development would play on Lexington Road. This is a residential street, very narrow with no curbs or sidewalks. Friday morning trash and recycle days are a challenge when it is essentially reduced to one lane. Lexington Road is also a connecting street between Holly and SPID. We have a huge amount of traffic from Rodd Field and Enis Joslin cutting through during the morning rush hour and after 4:00 p.m. Just about the same time kids are walking to the bus stop on Holly Road and residents are trying to get out of their driveways to go to work. Yes, sometimes I must wait several minutes for the cars to let me out from my own driveway in the afternoon. About two years ago, we were successful in obtaining three speed tables on our street. This helped slow down traffic from the average 47 mph (City study prior to installation) to approximately 30 mph. That same study found over 400 cars traveling down Lexington in one morning rush hour! The speed tables have helped on this, but any commercial development will once again bring in the traffic. I understand there are "plans" to extend Enis Joslin and Williams, which would help us tremendously. However, these plans will not take effect until after the commercial development starts. I am unable to attend the March 23, 2016 meeting to express my concerns, I would appreciate if you would bring these up to the Board. Whatever development takes place along Lexington Road, it must have a traffic plan for the residents living on Lexington Road. Please acknowledge receipt of this email for my records. Sincerely, Karen Howden 5637 Lexington Road Corpus Christi, Texas 78412 361-986-1268 Outside 200' Notification Area 1 1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, pue tienen la intencion de asistir a esta junta v cue requieren sen.+icios esneciales, se les suplica oue den aviso 48 }or$ antes de la junta Ilamando al departamento de servicios de desarrollc_ al ntimero(361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante Ia junta v su irides es limitado, favor de llamar al departamento de servicios de desarrollo al ntamero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante Ia iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-01 May Dev., LP has 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. The property to be rezoned is described as: Lot 6, Block 1, Bridgepoint Landing, located along the east side of Lexington Road approximately 490 feet south of South Padre island Drive (SH 358). 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, March 23, 2016 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chamber, 1-7ialta=reet. You are invited to attend thiLmatigaggigagiwress your views on this rezoning Tec e . `information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 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 in_person, by telephone call or by letter. Printed Name: RD," e L iO C T izz RA Address: 7& 13 S PY-0 ( IN FA'QI ( ) IN OPPOSITION REASON:. D ,r! F !FI MAR 172016 DEVELOPMENT SERVICES SPECIAL SERVICES SEE MAP ON REVERSE SIDE Property Owner ID. 5 HTE# 16-10000008 S City/State: CL- 7j . Phone:) ?ro! 01P Case No. 0316-01 Project Manager. Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 19, 2016 Second Reading for the City Council Meeting of April 26, 2016 DATE: March 29, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 14806 Leeward Drive CAPTION: Case No. 0316-03 Ocean Harbor II, LLC: A change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay. The property is described as Lots 22, 23, and 24, Block 52, Padre Island -Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue. PURPOSE: The purpose of this item is to rezone the property to allow for the development of a townhouse development that deviates from the typical standards. RECOMMENDATION: Planning Commission and Staff Recommendation (March 23, 2016): Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 24 townhouse units and common area amenities and shall be constructed in one phase. The PUD shall allow short-term rentals of less than 30 days. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 16.44 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The Property must have a minimum of 56 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum 18 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum street yard of ten -feet is required along public streets. Minimum rear yard setbacks for all lots shall be five feet. Minimum four -foot wide side yard is required along Packery View Loop. Minimum width for townhouse lots shall be 17 feet. 6.) Open Space: The Property must maintain a minimum of 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The two-way private access drive shall not be less than 24 feet and shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results: For: 6 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay to allow the development a 24 -unit single-family development. This PUD utilizes decreased lot sizes, lot widths, and street width, while maintaining building height and open space requirements. The development is in harmony with the character of the surrounding area and offers an alternative in housing types. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood and the subject property is suitable for the uses proposed by this rezoning. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development 2. Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and the rezoning to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay is consistent with the adopted Future Land Use Map and the Mustang Padre Island Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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 BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Ocean Harbor II, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 22, 23, and 24, Block 52, Padre Island -Corpus Christi Section B, from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay; 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 Ocean Harbor II, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, and on Tuesday, April 19, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Ocean Harbor II, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a Lots 22, 23, and 24, Block 52, Padre Island -Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue (the "Property"), from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay (Zoning Map No. 028026), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1.) Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 24 townhouse units and common area amenities and shall be constructed in one phase. The PUD shall allow short-term rentals of less than 30 days. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 16.44 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The Property must have a minimum of 56 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum 18 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum street yard of ten -feet is required along public streets. Minimum rear yard setbacks for all lots shall be five feet. Minimum four -foot wide side yard is required along Packery View Loop. Minimum width for townhouse lots shall be 17 feet. 6.) Open Space: The Property must maintain a minimum of 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The two-way private access drive shall not be less than 24 feet and shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre Page 2 of 3 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -Village by the Beach 2 PUD Page 3 of 3 SUBJECT PROPERTY CR -2 !0 RS -6 Date Created: 3/343016 Prepared -By: Ivett6M Department of Development S?N /es/ CASE: 0316-03 SUBJECT PROPERTY WITH ZONING 7/j Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 - \%'....%,-.UBJECT PR.OP\ERTY LOCATION MAP Exhibit A VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND CORPUS CHRISTI, TEXAS OWNER OCEAN HARBOR II, LLC. REPRESENTATIVE WILLARD H. HAMMONDS, II, PRESIDENT SUBMITTED BY NE1 NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. January 2016 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 EXHIBIT B 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 4 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 9 TYPICAL CROSS SECTION 10 VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 2 EXHIBIT B DEVELOPMENT DESCRIPTION The Village by the Beach 2 Planned Unit Development (PUD) consists of a Re -Plat of Lot 22, 23 & 24, Block 52, Padre Island on Leeward Dr. & St. Bartholomew Ave. in Corpus Christi, TX. The property will be rezoned from RM-AT/IO to RS-TH/IO/PUD. The development is a 1.45 acre non -gated community that will consist of twenty-four (24) attached single-family units with one (1) common area, which calculates to a density of 16.51 units per acre. The layout of the community will allow the residents the ability to enjoy a landscaped common area and be able to walk to the common area with ease. This Planned Unit Development fits with the existing characteristics of the surrounding properties and will fit with the culture of Padre Island. DEVELOPMENT LOCATION MAP VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 EXHIBIT B CURRENT LAND USE ZONING North of Property Commercial CR-2/IO South of Property Residential RS-TH/IO/PUD East of Property Residential RM-AT/IO West of Property Residential RM-AT/IO The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 EXHIBIT B DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations: DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Site Area (sq. ft.) 20,000 63,162 Min. Lot Area (sq. ft.) 2,600 1,1821 Min. Lot Width (ft.) 26 17 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 18 Street —Corner 10 10 Side — Single 0 4 Rear 5 5 Open Space — Percent Minimum 30 28 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 02 Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Curb Type Standard 6" Curb and Gutter None Sidewalk 5' width on both sides 6' width on one side Paved Street Width 28' 24' 1 Lots 50-57 (8 Lots). 2 As per International Building Code. DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Common Area Lot(s) 1 73 Private Access and Utility Easement Lot(s) 1 74 lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 5 RESIDENTIAL LOT(S) DESCRIPTION REQUIREMENTS Usage Single Family Residential Lot Area (sq. ft.) Minimum = 1,180 Maximum = 2,550 Lot Width (ft.) Minimum = 17 Maximum = 30 Yard Requirements (Minimum in Feet) Street — Non -Corner 18 10 4 5 Street—Corner Side — Single Rear Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet N/A Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Short Term Rentals Allowed. COMMON AREA LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner As indicated on Master Site Plan Street—Corner As indicated on Master Site Plan Side — Single Rear As indicated on Master Site Plan As indicated on Master Site Plan Building Height — Maximum 1 -story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, and utilities. rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 6 ACCESS AND UTILITY EASEMENT LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner N/A Street—Corner N/A Side —Single Rear N/A N/A Building Height — Maximum N/A Building Spacing — Minimum in Feet 10 Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures, including fencing, signage, pavements, landscaping (hard and soft), utilities, etc. Improvements Placement Shall not be beyond the property line except for pavements, fencing, landscaping, and utilities. OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 63,320 1.45 LO0 Total Residential Building Area 19,623 0.45 2 v < Total Residential Driveway Area 7,521 0.17 E 1 PERCENT OF Access and Utility Easement 18,434 0.42 AREA Total Non -Open Space (Impervious Area) 45,578 1.04 72.0 Total Open Space (Pervious Area) 2 17,742 0.41 28.0 1 Area of all Pavement and Sidewalk excluding Residential Driveway Area 2 Minimum Open Space required is 28% lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 7 EXHIBIT B LANDSCAPED AREAS COMMON AREA RESIDENTIAL BUILDING AREA =STREET PAVEMENT RESIDENTIAL DRIVEWAY AREA SIDEWALK "-PUD BOUNDARY I 1 LEEWARD DRIVE (1OO R.O.W.) VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. Vehicular access will be provided by one two-way private access drive 24' wide from edge of pavement. Pedestrian access will be provided by a 6' sidewalk on one side of the private drive. Additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. There will not be any security gates for entrance to or exit from the property. Common area amenities include the pool and related structures. lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 8 EXHIBIT B STREET PAVEMENT SIDEWALK -..-PUD BOUNDARY LEEWARD DRIVE (100' R.O.W.) 24' WIDE DRIVE ( INGRESS / EGRESS) DUMPSTER AREA (SCREENING REQUIRED) The fol owing is the Parking Requirements for the development: PARKING REQUIREMENTS LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 Bedroom Unit 1.5 per unit 0 0.0 0.0 2+ Bedroom Unit 2 per unit 24 48.0 51.0 Guest 1 per 5 units 24 4.8 5.0 Common Area 0 per unit 1 0.0 0.0 Access and Utility Easement 0 per unit 1 0.0 0.0 Total: 52.8 56.0 rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 9 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A icy YR / UE '1 r -ACCESS 1 UE-1-18'YR-I Cross Section B PUD BOUDARY LINE 10' U 38.5' ACCESS / UE— -x--18 lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 10 EXHIBIT B -2 20 3 2. .2 2 U 2 0 u Curve Table Curve # Length Ramus Dena chow Drectlon chord Length 8 8, w9-1 0 8.& 8 0 8.8 g o 8 8 8 8 8 8 8 8 8 8 8 8 8 8 a m N, 2 g g g m m m m m m & S N N 8 8 8 8 0 8 8 0 elgey eu!l lamed O 0 MASTER SITE PLAN FOR VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (P.U.D.) NaismithEngineering Inc ARCHITECTURE• ENGINEERING• ENVIRONMENTAL�SURVEYING ��.i36°�a,9 ; mi "�i="'i . a w"'� LHEN",`1M `*°�aooss�`:7 -2 20 3 2. .2 2 U 2 0 u Curve Table Curve # Length Ramus Dena chow Drectlon chord Length 8 8, w9-1 0 8.& 8 0 8.8 g o 8 8 8 8 8 8 8 8 8 8 8 8 8 8 a m N, 2 g g g m m m m m m & S N N 8 8 8 8 0 8 8 0 elgey eu!l lamed O 0 MASTER SITE PLAN FOR VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (P.U.D.) NaismithEngineering Inc ARCHITECTURE• ENGINEERING• ENVIRONMENTAL�SURVEYING ��.i36°�a,9 ; mi "�i="'i . a w"'� LHEN",`1M `*°�aooss�`:7 ID DATE APPR DESCRIPTION ID DATE C) w o O p UTILITY PLAN VILLAGE BY THE BEACH 2 P.U.D. CORPUS CHRISTI, NUECES COUNTY, TEXAS Naismith Eng i neeri ng,Inc FOR MET:LT.11N Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0316-03 HTE No. 15-10000066 Planning Commission Hearing Date: March 23, 2016 Applicant & Legal Description Owner: Ocean Harbor II, LLC Applicant/Representative: Naismith Engineering, Inc. Legal Description/Location: Lots 22, 23, and 24, Block 52, Padre Island - Corpus Christi Section B, located on the southeast corner of Leeward Drive and St. Bartholomew Avenue. Zoning Request From: "RM-AT/IO" Multifamily AT District with an Island Overlay To: "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay Area: 1.46 acres Purpose of Request: To allow for the development of a 24 -unit single-family development. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM-AT/IO" Multifamily AT District with an Island Overlay Vacant Tourist North "CR-2/IO" Commercial Resort District with an Island Overlay Vacant Tourist South "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Medium Density Residential Tourist East "RM-AT/IO" Multifamily AT District with an Island Overlay Vacant Tourist West "RM-AT/IO" Multifamily AT District with an Island Overlay and "CR-2/IO" Commercial Resort District with an Island Overlay Vacant and Medium Density Residential Tourist ADP, Map & Violations Area Development boundaries planned Townhouse Overlay Padre Map No.: Zoning Plan: The subject property is located within the of the Mustang Padre Island Area Development Plan and is for tourist uses. The proposed rezoning to the "RS-TH/IO/PUD" District with an Island Overlay and Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang Island Area Development Plan. 028026 Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 280 feet of street frontage along Leeward Drive and 225 feet of street frontage along St. Bartholomew Drive, both of which are designated as 01 Minor Residential Collector streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Leeward Drive 01 Minor Residential Collector 60' ROW 40' paved 95' ROW 30' paved N/A St. Bartholomew Drive 01 Minor Residential Collector 60' ROW 40' paved 95' ROW 25' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay to allow the development a 24 -unit single-family development. Development Plan: The subject property is comprised of 1.45 acres and is proposed to be developed into a non -gated community that will consist of twenty-four (24) attached single-family units or townhouses with one common area (Lot 73). The density proposed is approximately 16.51 units per acre. Eight of the twenty-four lots will have a minimum area of 1,182 square feet and the minimum width indicated is seventeen feet. Vehicular access will be provided by one two-way private access drive 24 -foot wide from edge of pavement. Pedestrian access will be provided by a 6 -foot sidewalk on one side of the private drive. The common area amenities include a pool and related structures. A total of 56 parking spaces are to be provided compared to 52.8 required parking spaces. The development proposes to maintain a 25% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District and notes all necessary deviations from the UDC being requested by the applicant. Planning Commission Final Report Page 3 Minimum Dimensions "RS-TH" District Standards Proposed PUD Deviation Lot Area 2,600 SF 1,182 SF* Yes Minimum Lot Width 26 17 ft. Yes Front Yard 10 ft. 18 ft. No Side Yard 0 ft. 4 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 28% Yes Maximum Height 45 ft. 45 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6 -in. curb & gutter None Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private street 6 ft. on one side of private street No *Lots 50-57 (8 Lots) Existing Land Uses & Zoning: The subject property is zoned "RM-AT/IO" Multifamily AT District with an Island Overlay and is vacant. North is zoned "CR-2/IO" Commercial Resort District with an Island Overlay and is also vacant. South is zoned "RS- TH/IO/PUD" Two -Family District with an Island Overlay and Planned Unit Development and consists of medium density residential uses. To the east is vacant land zoned "RM- AT/IO" Multifamily AT District with an Island Overlay and to the west is vacant land in the"CR-2/IO" Commercial Resort District with an Island Overlay and medium density uses in the "RM-AT/IO" Multifamily AT District with an Island Overlay. 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 comprised of three platted lots. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang Padre Island Development Plan (ADP). The proposed rezoning to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development is consistent with the adopted with the Mustang Padre Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. Planning Commission Final Report Page 4 This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan and the Review Criteria for a PUD Zone Map Amendment set forth in the UDC. o The development is in harmony with the character of the surrounding area. o The development offers an alternative in housing types. o The development as proposed is orderly with respect to the area and community. o The development has a plan for the separation of vehicular and pedestrian traffic. o The development will include the timely provision of utilities, facilities and services. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD is a continuation of the development known as Village By The Beach • This PUD utilizes decreased lot sizes, lot widths, and street width, while maintaining building height and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • Staff finds that the proposed deviations are acceptable. • The subject property is located in a "Vinyl Not Allowed" area. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Village By The Beach 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 24 townhouse units and common area amenities and shall be constructed in one phase. The PUD shall allow short- term rentals of less than 30 days. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 16.44 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 45 feet. Planning Commission Final Report Page 5 4. Parking: The Property must have a minimum of 56 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum 18 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum street yard of ten -feet is required along public streets. Minimum rear yard setbacks for all lots shall be five feet. Minimum four -foot wide side yard is required along Packery View Loop. Minimum width for townhouse lots shall be 17 feet. 6. Open Space: The Property must maintain a minimum of 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The two-way private access drive shall not be less than 24 feet and shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Public Notification Number of Notices Mailed — 85 within 200 -foot notification area 5 outside notification area As of March 29, 2016: 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. Application 3. Public Comments Received (if any) Planning Commission Final Report Page 6 K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-03 Village by the Beach 2 PUD\Council Documents\Report Village by the Beach 2 PUD.docx CR -2 /O RS -6 TIO iT Date Created: /3/201631 Prepared By: IvetteM t,of\ Development Service CASE: 0316-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 LOCATION MAP SUBJECT PROPERTY kg City of Corpus Christi ,,sy; < rrt 'L > 1852-'= 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.: 0316-03 Map No.: PC Hearing Date: 3/23/16 Proj.Mgr: 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: Naismith Engineering, Inc Contact Person : Thomas Tiffin, P.E. Mailing Address:4501 Gollihar Road City: Corpus Christi State: TX ZIP: Phone: Phone: ( 361 ) 814-900 E-mail Cell: (361 ) 550-8226 2. Property Owner(s): Ocean Harl]O11,�', LLC. Contact Person : N/A Mailing Address:4418 Ocean Drive city: Corpus Christi State:TX ZIP:78412 Phone: (NIA ) E-mail: N/A Cell: (N/A ) 3. Subject Property Address: 14806 Leeward Dr Area of Request (SF/acres): 1.46 Current Zoning & Use: RM -AT Vacant Proposed Zoning & Use: RS-TH/PUD Townhome 12 -Digit Nueces County Tax ID: 6 1 7 0- 0 0 5 2_ 0220/31 Subdivision Name: Village by the Beach II Block: 1 Lot(s): 26 Legal Description if not platted: Padre Island Sec B, Bik 52, Lt 22, 23, 24 4. Submittal Requirernents: Date Held ; with City Staff Leticia Kanmore IDEarly Assistance Meeting: ❑ Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE: is inconsistent with exhibit landowner • Peak Hour Trip Form (if request with Future Land Use Plan) 0 Site Plan for PUD or Special Permit 1 Metes & Bounds Description if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form ■ Appointment of Agent Form if 1 certify that I have provided the City of Corpus as or on behalf of Christi with a complete application for review; that I am authorized to initiate this rezoning the Property Owner(s); and the information provided is accurate. Owner or A is Signature Applicant's S n ure &ei,cc-L1' i N f61 /LI,t wD 3 Thecor/J S 7-1 /cL.c r...) Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee ' + Sign Fee = Total Fee No. Signs Required @ $10/sign Sign Posting Date: K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\ZONING APPLICATION 2015.DOC Form Revised 5/12/2015 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. Refer to Village by the Beach II Planned Unit Development (PUD) document provided with the submission of the application. 2. Identify the existing land uses adjoining the area of request: North - CR -2 South - RS-TH/PUD East - RM -AT West - RM -AT C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC 1111/01111 CITY OF CORPUS CHRISTI 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 followinginformation.information. Every question must be answered. If the question is n't applicable, answer with "NA". �Jv FIRST NAME: 1 1 aj�T VYI ri ..0 ds 9/Z. CE.P' - 7, e_. • STREET: Ste( sb. 54/es CITY: tAr 0-N✓4 ZIP: "7413 FIRM IS: Corporation o2. Partnership o3. Sole Owner o4. Association o5. 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�.�. "w 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 35 or more of the ownership in the above named "firm". Name CERTIFICATE Consultant 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. IIrr�,, �__ (� Certifying Person: W t i4wj F�`�'�'�R1S� 1 Y' Title: Pr.24 (Type or Print) Signature of Certifying Person:4.Date: �l-30- IS ZA-02 Witt 1 ._.ter CITY OF CORPUS CHRISTI 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". FIRST NAME: Naismith Engineering, Inc. STREET: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: Corporation o2. Partnership o3. Sole Owner o4. Association ❑5. 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 None None None 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 None None None None 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 Craig Thompson, P.E. Landmark Commission Wilfredo Rivera, Jr. Transportation Advisory Commission 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 35 or more of the ownership in the above named "firm". Name Consultant None None None None 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. 7--p/o&-,4s Certifying Person: (Type or Print) Signature of Certifying Person: Title: Project Manager Date: / Z/O Vea/ VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND CORPUS CHRISTI, TEXAS OWNER OCEAN HARBOR II, LLC. REPRESENTATIVE WILLARD H. HAMMONDS, II, PRESIDENT SUBMITTED BY NE1 NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. January 2016 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 4 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 9 TYPICAL CROSS SECTION 10 VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 2 DEVELOPMENT DESCRIPTION The Village by the Beach 2 Planned Unit Development (PUD) consists of a Re -Plat of Lot 22, 23 & 24, Block 52, Padre Island on Leeward Dr. & St. Bartholomew Ave. in Corpus Christi, TX. The property will be rezoned from RM-AT/IO to RS-TH/IO/PUD. The development is a 1.45 acre non -gated community that will consist of twenty-four (24) attached single-family units with one (1) common area, which calculates to a density of 16.51 units per acre. The layout of the community will allow the residents the ability to enjoy a landscaped common area and be able to walk to the common area with ease. This Planned Unit Development fits with the existing characteristics of the surrounding properties and will fit with the culture of Padre Island. DEVELOPMENT LOCATION MAP EnVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 3 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 CURRENT LAND USE ZONING North of Property Commercial CR-2/IO South of Property Residential RS-TH/IO/PUD East of Property Residential RM-AT/IO West of Property Residential RM-AT/IO The following is the Lot Layout for the development: iT RESIDENTIAL LOT COMMON AREA LOT 1 I ACCESS AND UTILITY EASEMENT LOT -=-PUD BOUNDARY LEEWARD DRIVE (400' RA.W,) LOT LAYOUT PROPERTY BOUNDARY LINE lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 4 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations: DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Site Area (sq. ft.) 20,000 63,162 Min. Lot Area (sq. ft.) 2,600 1,1821 Min. Lot Width (ft.) 26 17 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 18 Street —Corner 10 10 Side — Single 0 4 Rear 5 5 Open Space — Percent Minimum 30 28 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 02 Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Curb Type Standard 6" Curb and Gutter None Sidewalk 5' width on both sides 6' width on one side Paved Street Width 28' 24' 1 Lots 50-57 (8 Lots). 2 As per International Building Code. DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Common Area Lot(s) 1 73 Private Access and Utility Easement Lot(s) 1 74 EalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 5 RESIDENTIAL LOT(S) DESCRIPTION REQUIREMENTS Usage Single Family Residential Lot Area (sq. ft.) Minimum = 1,180 Maximum = 2,550 Lot Width (ft.) Minimum = 17 Maximum = 30 Yard Requirements (Minimum in Feet) Street — Non -Corner 18 10 4 5 Street—Corner Side — Single Rear Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet N/A Parking Requirement Per Unit 1.5 (1 Bedroom) 2 (2+ Bedroom) 1/5 (Guest) Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Short Term Rentals Allowed. COMMON AREA LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner As indicated on Master Site Plan Street—Corner As indicated on Master Site Plan Side — Single Rear As indicated on Master Site Plan As indicated on Master Site Plan Building Height — Maximum 1 -story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, and utilities. rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 6 ACCESS AND UTILITY EASEMENT LOT(S) DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area (sq. ft.) N/A Lot Width (ft.) N/A Yard Requirements (Minimum in Feet) Street — Non -Corner N/A Street—Corner N/A Side —Single Rear N/A N/A Building Height — Maximum N/A Building Spacing — Minimum in Feet 10 Parking Requirement 0.0 / unit Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures, including fencing, signage, pavements, landscaping (hard and soft), utilities, etc. Improvements Placement Shall not be beyond the property line except for pavements, fencing, landscaping, and utilities. OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 63,320 1.45 LO0 Total Residential Building Area 19,623 0.45 2 v < Total Residential Driveway Area 7,521 0.17 E 1 PERCENT OF Access and Utility Easement 18,434 0.42 AREA Total Non -Open Space (Impervious Area) 45,578 1.04 72.0 Total Open Space (Pervious Area) 2 17,742 0.41 28.0 1 Area of all Pavement and Sidewalk excluding Residential Driveway Area 2 Minimum Open Space required is 28% EalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 7 LANDSCAPED AREAS COMMON AREA RESIDENTIAL BUILDING AREA =STREET PAVEMENT RESIDENTIAL DRIVEWAY AREA SIDEWALK "-PUD BOUNDARY I 1 LEEWARD DRIVE (1OO R.O.W.) VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. Vehicular access will be provided by one two-way private access drive 24' wide from edge of pavement. Pedestrian access will be provided by a 6' sidewalk on one side of the private drive. Additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. There will not be any security gates for entrance to or exit from the property. Common area amenities include the pool and related structures. lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 8 STREET PAVEMENT SIDEWALK -..-PUD BOUNDARY LEEWARD DRIVE (100' R.O.W.) 24' WIDE DRIVE ( INGRESS / EGRESS) DUMPSTER AREA (SCREENING REQUIRED) The fol owing is the Parking Requirements for the development: PARKING REQUIREMENTS LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 Bedroom Unit 1.5 per unit 0 0.0 0.0 2+ Bedroom Unit 2 per unit 24 48.0 51.0 Guest 1 per 5 units 24 4.8 5.0 Common Area 0 per unit 1 0.0 0.0 Access and Utility Easement 0 per unit 1 0.0 0.0 Total: 52.8 56.0 rola VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 9 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A YR / UE _I i7 -ACCESS 1 UEy1-18' YRS icyu Cross Section B PUD BOUDARY LINE 10' U 38.5' ACCESS / UE— -x--18 lalVILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (PUD) Page 10 -2 20 3 2. 2 2 U 2 0 u Curve Table Curve # Length Ramus Dena chow Drectlon chord Length 8 8, wm 0 8.& 8 0 8 g g o 8 8 8 8 8 8 8 8 8 8 8 8 8 8 a m-2 N, 2 g g g m m m m m m & S N N 8 8 8 0 8 8 0 elgey eu!l lamed O 0 MASTER SITE PLAN FOR VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (P.U.D.) NaismithEngineering Inc ARCHITECTURE• ENGINEERING• ENVIRONM 0°`7,HMO v`s"M:NA`*aoRV , wrO9,gok:a3 -2 20 3 2. 2 2 U 2 0 u Curve Table Curve # Length Ramus Dena chow Drectlon chord Length 8 8, wm 0 8.& 8 0 8 g g o 8 8 8 8 8 8 8 8 8 8 8 8 8 8 a m-2 N, 2 g g g m m m m m m & S N N 8 8 8 0 8 8 0 elgey eu!l lamed O 0 MASTER SITE PLAN FOR VILLAGE BY THE BEACH 2 PLANNED UNIT DEVELOPMENT (P.U.D.) NaismithEngineering Inc ARCHITECTURE• ENGINEERING• ENVIRONM 0°`7,HMO v`s"M:NA`*aoRV , wrO9,gok:a3 ID DATE APPR DESCRIPTION ID DATE C) w o O p UTILITY PLAN VILLAGE BY THE BEACH 2 P.U.D. CORPUS CHRISTI, NUECES COUNTY, TEXAS Naismith Eng i neeri ng,Inc FOR MET:LT.11N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: April 5, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 861-886-2603 CAPTION: Accepting the Click It or Ticket Grant from TXDOT and appropriating funds Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $16,987.31 from the State of Texas, Department of Transportation for the FY2016 Click It Or Ticket program grant; and appropriating the $16,987.31 in the No. 1061 Police Grants Fund. PURPOSE: Accept and appropriate the grant to utilize the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 23, 2016 — June 5, 2016. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 450 safety belt citations and 50 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2%. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants since 2002. ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $16,987.31 $16,987.31 BALANCE $16,987.31 $16,987.31 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $16,987.31 from the State of Texas, Department of Transportation for the FY2016 Click It Or Ticket program grant; and appropriating the $16,987.31 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation in the amount of $16,987.31 for the FY2016 Click It Or Ticket program grant. SECTION 2. That $16,987.31 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: April 1, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the HIDTA grant award for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 20th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, and overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2016 — 12/31/2017. There are no matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $170,815.00 $170,815.00 BALANCE $170,815.00 $170,815.00 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant agreement Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $170,815 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles; and appropriating the $170,815 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $170,815 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. SECTION 2. That $170,815 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor March 10, 2016 Chief Mike Markle Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403-2511 Dear Chief Markle: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G 16HN0006A) has been awarded in the amount of $170,815.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 1 1200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact me at (202) 395-4868. Sincerely, autel k. ieb Michael K. Gottlieb National HIDTA Director Page 1 of Executive Office of the President Office of National Drug Control Policy Grant Agreement I. Recipient Name and Address Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403-2511 4. Award Number (FAIN): G16HN0006A 5. Period of Performance: From 01/01/2016 to 12 3112017 2. Total Amount of the Federal Funds Obligated: $170,815.00 6. Federal Award Date: March 10, 2016 7. Action: Initial 2A. Budget Approved by the Federal Awarding Agency $170,815.00 8. Supplement Number 3. CFDA Name and Number: High Intensity Drug Trafficking Areas Program - 95.001 9. Previous Award Amount: 3A. Project Title High Intensity Drug Trafficking Areas (HIDTA) Program 10. Amount of Federal Funds Obligated by this Action: $170,815.00 11. Total Amount of Federal Award: $170,815.00 12. This Grant is non -R&D and approved subject to such conditions or limitations as are set forth on the attached seven pages. 13. Statutory Authority for Grant: Public Law 114-113 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official Michael K. Gottlieb National HIDTA Director Office of National Drug Control Policy 15. Typed Name and Title of Authorized Official Chief Mike Markle Corpus Christi Police Department 16. Signature of Approving ONDCP Official 1Atekkael K-,-.1044-(105 17. Signature of Authorized cipie t/Dat 71,311/1 AGENCY USE ONLY 18, Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND1070DB1617A7C OND6113 OND2000000000 OC 410001 Grant G 16HN0006A Page 2 of 8 GRANT CONDITIONS A. General Terms and Conditions 1. This award is subject to The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the "Part 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this 2016 award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. For more information on the Part 200 Uniform Requirements, see https:.'.cfo.govicofar. For specific, award -related questions, recipients should contact ONDCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: • 28 CFR Part 69 — "New Restrictions on Lobbying" • 2 CFR Part 25 — "Universal Identifier and System of Award Management" • Conflict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these terms and conditions • Non-profit Certifications (when applicable) 3. Audits conducted pursuant to 2 CFR Part 200, Subpart F, "Audit Requirements" must be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at https://harvester.census.gov/facweb/. 4. Recipients are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. 5. The recipient gives ONDCP or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 6. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent (s), employees, contractors, as well as state, local, and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 7. These general terms and conditions as well as archives of previous versions of the general terms and conditions are available online at www.whitehouse.gov/ondcp/grants. 8. Conflict of Interest and Mandatory Disclosures A. Conflict of Interest Requirements Grant G 16HN0006A Page 3 of 8 As a non -Federal entity, you must follow ONDCP's conflict of interest policies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from subrecipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub -awards as well as contracts, and are as follows: i. As a non -Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of subawards and contracts. ii. None of your employees may participate in the selection, award, or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub - award or contract. The officers, employees, and agents of the non -Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. iii. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub -award or procurement action involving a related organization. B. Mandatory Disclosure Requirement As a non -Federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non -Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200, Appendix XII "Award Term and Condition for Recipient Integrity and Performance Matters," are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, termination of award, debarment, or other legally available remedies outlined in 2 CFR 200.338 "Remedies for Noncompliance". 9. FFATA / DATA Act Compliance. Each applicant is required to (i) Be registered in the System for Award Management (SAM) before submitting its application; (ii) provide a valid DUNS number in its application; (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award; and (iv) provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 10. Subawards are authorized under this grant award. Subawards must be monitored by the award recipient as outlined in 2 CFR 200.331. Grant GI6HN0006A Page 4 of 8 11. Recipients must comply with the Government -wide Suspension and Debarment provision set forth at 2 CFR Part 180. 12. As specified in the HIDTA Program Policy and Budget Guidance, recipient must: a) Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the guidance in "Standards for Internal Control in the Federal Government," issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Conunittee of Sponsoring Organizations of the Treadway Commission (COSO). b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. c) Evaluate and monitor compliance with applicable statute and regulations, and the terms and conditions of the Federal award. d) Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e) Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP or the recipient designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. B. Recipient Integrity and Performance Matters Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain and report current information to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition (below). This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 30I0 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent 5 year period; and c. Is one of the following: Grant G 16HN0006A Page 5 of 8 (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition (below); (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent 5 year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and Grant G16HN0006A Page 6 of 8 (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. C. Program Specific Terms and Conditions The following special conditions are incorporated into each award document. 1. This grant is awarded for above program. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e., the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 of the HIDTA Program Policy and Budget Guidance. 6. Property acquired with these HIDTA grant funds is to be used for activities of the Houston HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 7. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. D. Federal Award Performance Goals 1. All entities that receive funds from this award are responsible for achieving performance goals established in the HIDTA Performance Management Process (PMP) and approved by the HIDTA's Executive Board and ONDCP. 2. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. See also Section A. 4 regarding Federal Financial Reports. E. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). 2. The grantee, must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be Federal Deposit Insurance Corporation (FDIC) insured. The account must be interest bearing. Grant G16HN0006A Page 7 of 8 3, Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450), awardees and sub-awardees shall promptly, but at least annually, remit interest earned on advances to HHS/DPM using the remittance instructions provided below. Remittance Instructions - Remittances must include pertinent information of the payee and nature of payment in the memo area (often referred to as "addenda records" by Financial Institutions) as that will assist in the timely posting of interest earned on Federal funds. Pertinent details include the Payee Account Number (PAN), reason for check (remittance of interest earned on advance payments), check number (if applicable), awardee name, award number, interest period covered, and contact name and number. The remittance must be submitted as follows: Through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns*: Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY (* Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability, please make check** payable to: "The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231 (** Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional information/instructions may be found on the PMS Web site at http:,/www.dpm.psc.gov/. 4. The grantee or subgrantee may keep interest amounts up to $500 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Organization: Corpus Christi Police Depaignt Signature: Name: Mike Markle Grant G 16HN0006A Page 8 of 8 Date. 3/ilM Initiative Cash by HIDTA FY 2016 Awarded Budget (as approved by ONDCP) HIDTA Agency Name Initiative Cash Type Grant Houston Total 3/10/2016 1:21:54 PM Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agency Total : Corpus Christi Police Department 170,815.00 Investigation GI6FHN0006A 170,815.00 170,815.00 Budget Detail 2016 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G16HN0006A) Resource Recipient - Corpus Christi Police Department Indirect Cost; 0.0% Awarded Budget (as approved by ONDCP) $170,815.00 Personnel Quantity Amount Administrative Staff Analyst - Program Total Personnel 1 1 $38,535.00 $35,640.00 $74,175.00 Fringe Quantity Amount Administrative staff Analyst - Program Total Fringe 1 1 $15,000.00 $14,000.00 $29,000.00 Overtime Quantity Amount Investigative - Law Enforcement Officer Total Overtime $35,600.00 $35,600.00 Services Quantity Amount Equipment rentals Vehicle allowance Total Services 4 $1,800.00 $30,240.00 $32,040.00 Total Budget $170,815.00 Page 1 of 1 3/10/2016 1:21:54 PM CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that. (1) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for Influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grana, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan. or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for infuendng or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract. grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subredpients shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction Imposed by section 1352, title 31, U.S. Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than 5100.000 for each such faNure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempUng to Influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL. "Disclosure of Lobbying Activities," in accordance with Hs inslnulons. Submission of this statement is a prerequisite for making or entering Into this transaction imposed by section 1352, title 31 U S Code Any person who falls 10 file the required statement shall be subject to a civil penalty of not Tess than 510.000 and not more than 5100,000 for each such failure • APPLICANTS ORGANIZATION Corpus Christi Police Department • PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: • First Name • Last Name • Tile: �arkh _hlef of police SIGNATURE Middle Name Suffix • DATE r"72Zg/rgl OMB Number 4040-0004 Expiration Date. 8/3112016 Application for Federal Assistance SF -424 • 1 Type of Submission. PreappUcation Application • 2. Type X New of Application • 11 Revision. select appropriate letter(s): I (5eCNy) © Application 0 Changed/Corrected • Continuation ❑ Revision • 3. Date Received; 4. Applicant Identifier I 1 5a Federal Entity Identifier 5b. Federal Award Identifier 1 1 State Use Only: a. Date Received by 7. State Application identifier State I I 8. APPLICANT INFORMATION: • a Legal Name' City of Corpus Christi • b. Employer/Taxpayer Identification Number (EIN1nN) • c. Organizational DUNS 1746000574A5 0694577860000 d. Address: • Street' Streel2: `City County/Parish •fie' Province: • Country • Zip l Postal Code: 1321 John Sartain Street C rpus Christi l TX: Texas 1 OSA: UNITED ETA; .. 784032511 e. Organizational Unit: Department Name: Division Name Corpus Chri.ti Pali e Dept 1 1 t. Name and contact Information of person to be contacted on matters Involving this application: Prefix: Middle Name • last Nom' JMcoanici suffix: Mr. • First Name: F. mi hae. ( I 1 1 Title: Direct r Organizational Affiliation: (HIDTA I •Telephone Number. 281-372-5850 Fax Number •Email FlicDaniel@houatonhidta.net Application for Federal Assistance SF -424 • 9. Type of Applcant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type , Type of Applicant 3: Select Applicant Type: I • Other (specify): • 10. Name of Federal Agency: IONOCP 11. Catalog of Federal Domestic Asslslance Number. 93.001 CFDA Title: • 12. Funding Opportunity Number. HIDTA 'Mc High Intensity Drug Trafficking Area 13. Competition Identification Number. Tide 14. Areas Affected by Protect (Miss, Counties, States, etc.): Add Attachment y At merT " 15. Descriptive Title of Applicant's Project: High Intensity Drug Trafficking Areas Program. Initiatives defined and Approved by Houst-n HIDTA' Executive Board. Reach supporting documents u specified In agency instructions. Add ANachmenls Application for Federal Assistance SF-424 16. Congressional Districts Of: • a. Applicant • b Program/Project 27 Attach an additional list of Prograrn'Pro,ed Congressional Districts if needed Add Attachment Delete Attachment view attachment 17. Proposed Protect • a. Start Dale • b End Date 12/31/2011 18. Estimated Funding (5): • a. Federal I - , , a t 5.00) • b. Applicant I 0. Pal • c. State 0.00 ' d. Local 0.00 ' e. Other I 0.00 • f. Program Incorne I 0.00 •g.TOTAL I 170,an.00 •111.1s Application Subject to Review By Stale Under Executive Order 12372 Process? o a. This application was made available to the State under the Executive Order 12372 Process for review on 0 b. Program Is subject to E.0 12372 but has not been selected ❑X c. Program Is not covered by E 0 12372 by the Slate for review ' 20.1s • If "Yes', the Applicant Delinquent On Any Federal Debt? (H Yes ®No provide explanation and attach "Yes," provide explanation in attaehmenLI 21.*By signing this application, I certify (1) to the statements contained In the list of certifications'• and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) El "IAGREE •• The list of cert4icalions and assurances, or an Internet site where you may obtain thy list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix Thief • First Name IHike Middle Name: • Last Name Markle Suffix I • Title (Chief of Poli e • Telephone Number 1361-8 6-26 ! 1 Fax Number I `tea IMikeHaecctexas. 9n • Signature of Authorized Representative- i • Dale Signed 3 BUDGET INFORMATION - Non -Construction Programs OMB Number 4040.0006 Expiration Dale: 06/302014 SECTION A - BUDGET SUMMARY Grant Program Function or Activity (al Catalog of Federal Domestic Assistance sistan Number (b) Estimated Unobllgated Funds Now or Revised Budget Federal (c) Non -Federal (d) Federal (al Non -Federal (q Total (SO 1. High intensity Drug Trafficking Area MEDIA) 95.001 S f : S 170,015.00 $ S 170415.00 2. F 3. 4. r 5. Totals 5 5 5 1 170,815.00 $ $ 170,015.00 Standard Form 424A (Rev. 7- 971 Prescribed by OMB (Circular A -102) Page 1 SECTION B - BUDGET CATEGORIES 6. Object Class Categories GRANT PROGRAM. FUNCTION OR ACTMTY Total (5) (1) (2) (3) (4) nigh Intensity Drug ?rntfiakiag Arsia INID ) a. PersOrinel $ 74.175.00 $ $ $ $ 74.175.001 b. Fringe Benefits 64,400.00 64,400.00 c. Travel 0.00 - d. Equipment I t e. Supplies 0. as f. Contractual 32,040.60 I 32.040.00 g. Construction - - I h. Other 0.00[ I. Total Direct Charges (sum of 6a -6h) 170, 515.00 1 $ 170.815.00 j. Indirect Charges $ I k. TOTALS (sum Of Si and 6j) ^$ $ 170,515.00 $ 1 $ $ 170,015.00 T. Program income $ $ 1 $ $ $ I Authorised for Local Reproduction Standard Form 424A (Rev. T- 97) Prescribed by OMB (Circular A -102) Page SA SECTION C - NON-FEDERAL RESOURCES (a) Grant Program (b) Applicant (c) State (d) Other Sources (e)TOTALS 8. $ $ f I$ $ 9.1 10. 1 1 I 1 11. L I 1 12. TOTAL (sum of lines 8-11) $ $ J $ I 1$ I J SECTION D - FORECASTED CASH NEEDS 13. Federal '$1 Total for 1st Year let Quarter 2nd Quarter 3rd quarter 4th Quarter $ 42,703.00 $ 170,015.00 $ 42,704.00 $ 42,704.00 $ 42,704.00 14. Non -Federal 1 [ I I I. I 15. TOTAL (sum of lines 13 and 14) $1 170.015.001$ 42,703.00 $ 42.704.001 $ 42,704.00 $ 42,704.00 SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (a) Grant Program FUTURE FUNDING PERIODS (YEARS) (b)Flrst (c) Second (d) Third (e) Fourth 16. i $ $ 1$ $ 17. 1 18. 19. _ _ - I I 20. TOTAL (sum of lines 16 -19) $ $ 1 $1 $ SECTION F - OTHER BUDGET INFORMATION 21. Direct Charges: . 22. Indirect Charges: I 23. Remarks: Authorized for Local Reproduction Standard Form 424A (Rev. 7- 97) Prescribed by OMB (Circular A -102) Page 2 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 Approval by OMB 0348.0046 1. * Type X 9 of Federal Action: a. centrad b. lid c cooperative agreement d. loan e. Roan guarlmtee 1 Wall Instance 2.' Status ❑ © 111 of Federal Action: a bldrarfenapp icstlon b halal award c. sod -award 3.* Report Type: M a kraal Slog b material change 4. Name and Address of Reporting Entity: OPrime OSub.revardse •NI" kcipus Chrlid Poke Sie.t 1 321 Sartain St. sa..l i • Carpus chi sem. ( TX 7840.12511 Congress/cent Otsincl. if known: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6." Federal Department/Agency: 7.' Federal Program Name/Description: °N CP [.TTA CFOA Number t app caC . 8. Federal Action Number, if known: G. Award Amount, if known: GI6HN0006A $ 170.815.00 10. a. Name and Address of Lobbying Registrant: Rik -- 'RVNam Norm ?Addle Nemo 'Lee, Nano 1,,ol,a + Sutler • Sever 1 ( Street 2 ' Cry Shed rfp b. individual Performing Services (bldudingaddr.ssifddt r.mlromNEI 10a) Prefix • Flit Nom None Mid le !Mame 'Led Name NoneSufis •Sneer, SIM 2 . CV i .SIM ZIP trulonnaben requested through ars lamb .ulhodrad by Idle 31 U S.0 secant 1352 Thn dndosae lobbying adrift. Is d fart 11. reliance was by fie tier when the lransaetion of a material representation upon which Info Tres 'Misinformation placed above the Cagrese *1 be for was made or entered disdXQaa 1 required pursued b 31 U.S.0 1352 Yea be reported la Inspection My lads wmMnrwMy end avalabl. 510.030 and nal was Ihan 5100.000 far personate to is tee mowed Manure Mae be stated m a and tinnily of not lass than • Signature: L y 1 'Nan>r o: Chief • Fist Name , lle •, • A U ib ' Lase Nameb Suffix) j rte: Chle1 oI Poke Tstsphono No.. %,/ -- 856 - Zb 63 Date: ( 5 / z8/ I Endow Use Oni 1 : ,r OMB Number 40400007 Expiration Date 06130/2014 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. Rauch is the case, you will be notified. As the duly authorized representative of the applicant. I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Wil establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Wil initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of 0PM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F) 6, Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P L 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments 011972, as amended (20 U.S.0 §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition usable Act 011973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U S.0 §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-818), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.G. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Tide VIII of the Civil Rights Act of 1968 (42 U S C §§3601 et seq ), as amended, relating to nondiscrimination in the sale. rental or financing of housing, (i) any other nondiscnmination provisions in the specific statutes) under which application for Federal assistance is being made and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application 7 Will comply, or has already complied with the requirements of Titles !land til of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8 Will comply, as applicable, with provisions of the Hatch Act (5 U 5 C §§1501-1508 and 7324-7328) which limit the political activities of employees whose pnncipai employment activities are funded in whole or in part with Federal funds Standard Fonn 4248 May. 7971 Authorized for Local Reproduction Prescribed by OMia Circular A.102 9. Wil comply, as applicable. with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §278c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U S.0 §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Wil comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires redpients In a special flood hazard area to participate in the program and to purchase flood insurance If the total cost of insurable construction and acquisition is 510,000 or more. 11. WO comply with environmental standards which may be prescribed pursuant to the following: (al institution of environmental quality control measures under the National Environmental Policy Act of 1989 (P.L 91-190) and Executive Order (EO) 11514; (b) notification of violating fadilles pursuant to EO 11738, (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988, (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq ), (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Wiii assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U S C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. NMI comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance 15. Wil comply with the Laboratory Animal Welfare Act of 1966 (P L 89-544, as amended, 7 U.S C §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research teaching, or other activities supported by this award of assistance 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq ) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. WIII cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133. "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with ail applicable requirements of all other Federal laws, executive orders, regulations and policies goveming this program. 19. Wli comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (1VPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawerds under the award. SIGNATURE OF AUTHORIZED TIFYING OFFICIAL TITLE �i''f/%� / ' /2'Z.21/7 Chic: , ice Chief Nike Markle APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi Police Department l 3LO//M I Standard Form 4248 (Flee. 7.571 Back AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: TO: FROM: March 23, 2016 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating the Federal Aviation Administration Grant Amendment No. 2 funds to the Airport Capital Improvement Fund for runway improvements at Corpus Christi International Airport. CAPTION: Ordinance appropriating $1,000,000 from Federal Aviation Administration Grant No. 3-48-0051- 049-2012 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for projects involving Runway 18/36, Runway 13/31, taxiways, and storm water improvements, with the 10% match provided from the Airport Capital Reserve Fund; and amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,000,000 each. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 49 in the amount of $17,010,526 to the City of Corpus Christi to fund the Runway 18/36 project. Additional improvements were presented to the FAA Program Manager and approved for funding in the amount of a $1,000,000. Airport will provide 10% match from authorized Fund 3018 — Airport Capital Reserve. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced improvements to Runway 18/36 were identified. Amendment No. 2 will address the rehabilitation of the distressed portions of Taxiway Alpha, design of drainage infrastructure improvements to collect and move storm water runoff away from the Runway 18 Localizer. These improvements were not part of the original project scope, but were identified in the construction phase. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑Operating ❑Revenue ®Capital ❑Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $17,010,526 $1,000,000 0 $18,010,526 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $1,000,000 0 $1,000,000 BALANCE $17,010,526 $1,000,000 0 $18,010,526 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $1,000,000 from Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for projects involving Runway 18/36, Runway 13/31, taxiways, and storm water improvements, with the 10% match provided from the Airport Capital Reserve Fund; and amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,000,000 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant amendment in the amount of $1,000,000 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 is appropriated in the No. 3020 Airport Capital Improvement Fund for the following projects: Runway 18/36; 600 -ft extension displacement and associated taxiways; Runway 13/31 connecting taxiway projects; rehabilitation of the distressed portions of Taxiway Alpha; and design of drainage infrastructure improvements to collect and move storm water runoff away from the Runway 18 localizer, with the 10% match being provided from funds previously appropriated in the No. 3018 Airport Capital Reserve Fund. SECTION 2. The FY2015-2016 Capital Budget adopted by Ordinance No. 030621 is amended by increasing revenues and expenditures by $1,000,000 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 U.S. Department of Transportation Federal Aviation Administration March 15, 2016 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of March 15, 2016 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-049-2012 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on August 1, 2012 is hereby amended by this Amendment No. 2 by increasing the amount set forth on Page 2 of the Grant Agreement from $17,010,526.00 to $18,010,526.00. This increase in the maximum obligation is to provide for allowable 5.87 % cost overrun of $1,000,000.00. If you have any questions or if we can be of additional service, please contact us. Sincerely] ti Cameron Bryan, 1Ianager Texas Airports Development Office AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: TO: Ronald L. Olson, City Manager March 11, 2016 FROM: E. Jay Ellington, Interim Assistant City Manager jayell@cctexas.com 361-826-3898 Amending Membership for the Island Strategic Action Committee (ISAC) CAPTION: Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee membership PURPOSE: Supplying the Island Strategic Action Committee ("ISAC") with a person who resides on Mustang Island or who is an employee of a Mustang Island property owner will ensure better representation of the local community in all ISAC decision making. BACKGROUND AND FINDINGS: The Island Strategic Action Committee ("ISAC") has historically consisted of 13 members from Padre Isles or Mustang Island who own property, develop properties, own businesses or represent property brokers in the Padre Island and Mustang Island Area. The recommended 14th member of ISAC will guarantee Mustang Island residents have a representative voice in the ISAC decision making process. ALTERNATIVES: Allow ISAC Membership to remain unchanged OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This ordinance conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Not Applicable 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: RECOMMENDATION: Accept the recommended changes to the Island Strategic Action Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance — ISAC Membership Letter of Support by ISAC Ordinance amending City Code of Ordinances regarding Island Strategic Action Committee membership NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 2 of the City Code of Ordinances, Article IV, Division 29, Section 2-293, Membership, is amended regarding Island Strategic Action Committee, by deleting the redlined struck through text, and adding the underlined text, as follows: DIVISION 29. - ISLAND STRATEGIC ACTION COMMITTEE Sec. 2-291. - Created; purpose. The Island Strategic Action Committee is created to advise the mayor and city council on development and implementation of the Mustang -Padre Island Area Development Plan. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-292. - Duties. (a) The Island Strategic Action Committee shall develop specific strategies for implementation of the Mustang -Padre Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. (b) The highest priority projects for the Island Strategic Action Committee include, but are not limited to: (1) Recommending appropriate Mustang -Padre Island Area Development Plan projects for inclusion in the next city bond program. (2) Recommending implementation of sustainable new or additional funding sources for the Mustang -Padre Island Area, i.e., tax increment reinvestment zones, public improvement districts, municipal management districts, or other mechanisms to fund projects. (3) Provide annual input into the city's capital improvements program. (4) Recommend state legislation pertaining to island concerns. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-293. - Membership; terms; filling vacancies; ex -officio members. Page 1 (a) The Island Strategic Action Committee shall consist of thirtccn fourteen (4314) members appointed by city council. The membership must include: (1) (2) (3) (4) (5) (6) (7) (8) (9) A member of the Padre Isles Property Owners Association, who has been nominated by the association. A residential property owner who owns property and resides on Mustang or Padre Island. A commercial property owner who owns property and operates a business on Mustang or Padre Island. A developer of property on Mustang or Padre Island. A member of the Padre Island Business Association, who has been nominated by the association. An architect or professional engineer, who does work on projects on Mustang or Padre Islands. A realtor, who primarily represents buyers or seller of property on Mustang or Padre Islands. A construction contractor, who primarily works on projects on Mustang or Padre Islands. A representative of an environmental group. (10) A person who resides on Mustang Island or who is an employee of a Mustang Island property owner. (4411) Four (4) at large representatives who are residents of the city. (b) Not less than twelve (12) members of the action committee must reside or own property on Mustang or Padre Island. One (1) of the at large representatives may, but is not required to, reside on Mustang or Padre Island. (c) Notwithstanding the requirement in section 2-65, the city council may appoint not more than four (il) five (5) members of the action committee who do not reside within the city if they own or represent the owner of property on Mustang or Padre Islands. (d) Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a two-year term, as determined by a drawing to be conducted by the city secretary's office. Thereafter, all terms shall be three (3) years. (e) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. The assistant city manager, development services and director, economic development serve as ex -officio members of the action committee without vote. The following organizations may appoint a representative to serve as an ex -officio advisory member of the action committee without vote: (1) Planning commission. (2) Watershore and Beach Advisory Committee. (f) (g) Page 2 (3) Park and recreation advisory committee. (4) Nueces County. (5) Nueces County Water Control and Improvement District No. 4. (6) Corpus Christi Convention and Visitors Bureau. (Ord. No. 028488, § 1, 2-16-2010) Sec. 2-294. - Quorum; procedures; officers; staff liaison, meetings; subcommittees. (a) The majority of members constitute a quorum, provided that the majority vote of the quorum is necessary for the adoption or approval of any matters before the action committee. (b) The action committee may adopt its own rules of procedure for the conduct of its business and may amend the rules from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (c) At the first meeting after creation of the action committee, a majority of the whole action committee shall elect a chair and vice -chair to serve during the initial two-year term. Thereafter, the chair and vice -chair shall be elected by a majority of the whole action committee to serve one-year terms. Following the initial election, subsequent elections for chair and vice -chair shall be held in accordance with the adopted rules of procedure. (d) The director, economic development, or designated representative, serves as the staff liaison and assist with the action committee with its duties. (e) The action committee shall meet at least once a quarter and may meet on the call of the chair or of a majority of its members. The chair of the action committee, with the approval of the action committee, may establish such subcommittees as may be necessary or appropriate to assist the action committee in its studies and in the performance of its duties. Members of subcommittees may be appointed from among members of the action committee; ex - officio advisory members; Mustang or Padre Island residents, who reside in Corpus Christi; Mustang or Padre Island property owners, who reside in Corpus Christi; and Mustang or Padre Island business owners, who reside in Corpus Christi. (f) (Ord. No. 028488, § 1, 2-16-2010; Ord. No. 030530, § 1, 6-16-2015) SECTION 2. In the event of any conflict between any other ordinances and the changes made by this Ordinance, the provisions of this Ordinance shall control with respect to the Island Strategic Action Committee. This ordinance takes effect upon final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Page 3 Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre 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 , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 4 ISLAND STRATEGIC ACTION COMMITTEE CHAIRPERSON: LIBBY EDWARDS MIDDLETON EMAIL: LEDWARDSAEDWARDSFIRM.COM CELL PHONE: 361-779-0650 VICE CHAIRPERSON: WILLIAM GOLDSTON EMAIL: WGOLDSTON@WFGCON.COM APRIL 13, 2016 DEAR CORPUS CHRISTI CITY COUNCIL MEMBERS, Re: ISAC MEETING APRIL 12, 2016 Re: ORDINANCE AMENDING CITY CODE OF ORDINANCES FOR ISAC COMMITTEE Please be advised that at last night's meeting the ISAC Committee voted unanimously in favor of adding a 14th member to our committee with the qualifications that the person reside on Mustang Island or who is an employee of a Mustang Island property owner. This will guarantee Mustang Island residents have a representative voice in the ISAC decision making process. We would request that this be placed on the next Council agenda so that the matter may be voted on as promptly as possible. Thank you for your consideration. If you have any questions or need anything further, please contact me at 361-779-0650. Bet re ards, i `_d_u)aAJJ.4 by Ed ards , Chair LEE/cg AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 19, 2016 Second Reading Ordinance for the City Council Meeting of April 26, 2016 DATE: 3/18/2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $104,080.31 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 922 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), MPM Development, L.P., is requesting a Reimbursement Agreement for the development of Parkview Unit 5 as shown on the final plat. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. The development requires the extension of 922 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main south of Holly Road on Oso Parkway. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 -inch water arterial grid main is $111,299.70 minus the lot/acreage fee of $7,219.39 which equals $104,080.31. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2015-2016 Project to ExpeDnd ate tures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,271,429.09 Encumbered / Expended Amount $ 933,013.62 This item $ 104,080.31 BALANCE $1,234,335.16 Fund(s): Water Arterial Transmission Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $104,080.31 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, L.P., ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Parkview Unit 5 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $104,080.31 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Parkview Unit 5 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Parkview Unit 5, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on the south side of Holly Road for a distance of 922 linear feet in order to extend water grid main along Oso Parkway and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 922 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Govemment Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Parkview Unit 5, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 922 linear feet of 12 -inch PVC waterline pipe. 2. Install 90 linear feet of 18" steel casing pipe bored in place. 3. Install four (4) 12" EL, any angle. 4. Install three (3) 12" tees. 5. Install two (2) 12" Gate Valves with box. 6. Install one (1) fire hydrant assembly. 7. Install one (1) 6" 90 degree EL. 8. Install one (1) 6" gate valve with box. 9. Install three (3) 6" Diameter x 30" PVC Pipe nipple. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 2 of 10 pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by April 26, 2017. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before April 26, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 3 of 10 defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 4 of 10 b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Mossa Moses Mostaghasi General Partner MPM Development, LP 426 5. Staples Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 5 of 10 Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $104,080.31. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 6 of 10 ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Parkview Unit 5, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 7of10 Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this 41 day of Art'. 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 General Partner THE STATE OF TEXAS § § COUNTY OF NUECES § 1 4 KENE 0 SAPENTER My Commission Expires October 15, 2017 1 This instrument was signed by Mossa Moses Mostaghasi, e - ral Partner, r MPM Development, LP, and acknowledged before me on the .i day of , 2016. Nota D r- eli- Public State'of Texas Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 5 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Dan McGinn City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas t1.. APPROVED AS TO FORM: This day of Assistant Attomey For the City Attomey , 2016. 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AVM m ar, v.l'�, a. .l• ;war YIOKP• N61'21•t6W 321.14• N61.12.43W 641.95' ••T r^'"' I CL 100' DRAINAGE ROW. Y. 1922, P 604, 0 R. =VW:. IV vcr I.Cr 1r.ILO L 1 •: Pat, gra 576'30.26\ 4L23 Exhibit 1 Page 2 of 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Parkview Unit 5 Subdivision, hereby request reimbursement of $104,080.31, as provided for by City Ordinance No. 17092. $104,080.31 is the construction cost, including 11 % Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. 42_7 /1Lp sa Moses Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § �Jj This instrument was acknowledged before me on ' '' , 2016, by Massa Moses Mostaghasi, President of MPM Development, LP. CERTIFICATION Notary P litztAD is in and for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Parkview Unit 5 subdivision, hereby apply for $7 219.39 credit towards the water acreage lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $111,299.70 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. Mossa Moses Mostaghasi, President Date MPM Development, LP. 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PLAN 0< AMOtE SECTION - OvCq I ' fi SD• G1NCIAL KRI M 4 i,,iwi ... ..rr . n.w�F•w rwF �i,� PLAN 0r ANGLE umiak - pYER 30' TO 15' a•..r... ...n .. rl �r �� •.Y ems.-. wwVTr r wrli.'.I� rn�r :.M..ar• •mow,• ,:: -;._ g';7•;'. .M�4/ rw r-'.'•�.•r'ili •r •+1 nil MM,.on. • on... ••••• r m O.4....r..4,, 10. •• ...-. i.... .n a M. rYalp, MN iv ALN PLAN OF SRERED ENOS - OYER 10' 70 15' LENGTNEMING ETTAit. a Exhibit 3 .NILAYPa MULTIPLE 80X CULVERTS CAST -IN-PLACE MISCELLANEOUS DETAUS MC -MO Page 8of10 MU Or 1531$0414,11 • KIISAg114 sl[u films t.r Cho fNrrrqr &WI • Y. 40 V. • I. • Olt, I4.10 at 4.. —: • w 14.11_1— N▪ � �Rn• erYc Il.at•P a.. w 1. _ I til -1 •! _ 4 • • 1 .• • •• .r • T•. mow-` I1.f N•13•.e F'y i --i I.wI • IItIWp 1 fierv'+lI .ttII3 ism iik1rnin SECTION E•S ▪ . I J INSIDE ELEY►TJON :; S 11 � I u �A PI 0110101 LAMAISM. • • •Mr 1 • u 1I p I.• ••w .. Vs•a. • IY .. L.Y• r.rm. JL` 1y 1•. 1,. PLAN , 11- .I,mYI ` I4 ra. cow. DETAILS MAI 0 Wt. yTLL_ Wt J. 4 T Wt t SECt ldl I1.. wi.x. � �I • '�wWL• _Ii• •�n Nlli ..• atom n •4• ... ..:..` CONCRETE WINGWALLS w11N FOB= WOWS $041 D• SKOV SRIi CVWERTS FWO Exhibit 3 O▪ rpat• hiss. sass • �Krm. Nil It I.r.OIOCNII t0 fi•ut GM,YIIM ....VI III 1. "fTf..:[1CY —.IMG -LI 4-1. 10Y.. ._ 1 Page 9 of 10 ti r -Y.•. it h.• SECTIONS THAW RAIL 1YI L�LIIV �•� > Y. dib Q� —n1 i, i RASE PLATE DETAIL `..�r.. IY�l. Ow1V.14 •101f ROADWAY ELEVATION OF RAIL Y {PIKE w Ir. RP PIPE snare OETAIL 'J'• w.... •.ter. Idarea 1.10.110 .114. IN/1MM 01.4 0, 47 r .. — L}IY•-Yh rL Ir__,..r....no of rm.. ••• 0=1 Nww 0 dm.. _._..1�_.....1a. i NIXON M. WELSH, P.E., R P.L.S Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 09/04/15 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS AND BRIDGE IBOX CULVERT) AT PARK, GENERALLY E. OF CL OF N. 050 PKWY., REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC 1909 SY 34.00 64,906.00 2 11" CRUSHED LIMESTONE BASE TO 2'BC 2335 SY 24.00 56,040 00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 2335 SY 8.00 18,680 00 4 4" CONCRETE WALK 7845 SF 4.00 31,380 00 5. 6" CURB & GUTTER 958 LF 14.00 13,412 00 6 CLEARING & GRUBBING 1 LS 2,000 00 2,000 00 7. EXCAVATION 1 LS 15,000 00 15,000 00 8 50% DOUBLE 10'X5' BOX CULVERT WITH 40° BEND & WING WALLS 1 LS 190,000.00 190,000.00 TOTAL 1391,418.00 STREET & SURFACE ITEMS W. OF CL OF N. 050 PKWY QUANTITY UNIT UNIT PRICE AMOUNT 1 4" HMAC 1894 SY 34.00 64 396 00 2 2" HMAC 3328 SY 17.50 58,240 00 3. 11" CRUSHED LIMESTONE BASE TO 2'BC 2313 SY 24 00 55,512.00 4 8" CRUSHED LIMESTONE BASE TO 2'BC 4388 SY 17:50 76,790.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 6701 SY 8.00 53,608 00 6 4" CONCRETE WALK 12815 SF 4.00 51,260.00 7 6" CURB & GUTTER 3187 LF 14 00 44,618 00 8 EXCAVATION 1 LS 50,000.00 50,000 00 9 CLEARING & GRUBBING 1 LS 5,000.00 5,000 00 10 STREET SIGN 3 EA 250.00 750 00 TOTAL $460,174.00 STORM SEWER ITEMS ' QUANTITY UNIT UNIT PRICE AMOUNT 1 15" RCP 56 LF 37.00 2,072 00 2 18" RCP 613 LF 44.00 26,972 00 3 18" HDPP 32 LF 44 00 1,408 00 4 21' RCP 120 LF 51.00 6,120 00 6 24' HDPP 191 LF 51.00 9,741 00 8. 30" HDPP 429 LF 58.00 24,882.00 9 36" HDPP 139 LF 62.00 8,618 00 10. 50° DOUBLE 10'X5' BOX CULVERT WITH 40' BEND & WING WALLS 1 LS 190,000.00 190,000 00 11. 5' INLET 8 EA 3,200.00 25,600 00 12 MANHOLE 1 EA 3,500.00 3,500.00 TOTAL $298,913.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT _ 1 8' PVC PIPE 951 LF 90 00 85,590.00 2 FIBERGLASS MANHOLE 4 EA 3,900.00 15,600 00 3 4'" OR 6' PVC SS SERVICE 33 EA 480 00 15,840 00 Exhibit 4 TOTAL 1117,030.00 Page 1 of 3 NIXON M WELSH, P E R P.L S Email NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 361 882-5521-- FAX 361 882-1265 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 922 LF 60.00 55,320 00 2 18" STEEL CASING PIPE BORED IN PLACE 90 LF 300.00 27 000 00 3 12' EL, ANY ANGLE 4 EA 75000 3,000 00 4 12" TEE 3 EA 850.00 2.550 00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6 FIRE HYDRANT ASSEMBLY 1 EA 4,000.00 4,000.00 7. 6" 90' EL 1 EA 300 00 300 00 8. 6" GATE VALVE WITH BOX 1 EA 950.00 950.00 9 6" DIA X 30" PVC PIPE NIPPLE 3 EA 250.00 750.00 TOTAL $100,270.00 NON -GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 6" PVC PIPE 983 LF 32.00 31,456 00 2 6" EL, ANY ANGLE 5 EA 300.00 1,500 00 3 6" TEE 2 EA 300.00 600.00 4 6" GATE VALVE WITH BOX 5 EA _ 950 00 4,750 00 5 FIRE HYDRANT ASSEMBLY 2 EA 4,000.00 8,000 00 6 6' DIA X 30' PVC PIPE NIPPLE 6 EA 250 00 1,500.00 7 WATER SERVICE. DOUBLE 14 EA 600.00 8,400 00 8 WATER SERIVICE, SINGLE 5 EA 500.00 2,500.00 TOTAL $58,706.00 MISCELLANEOUS CONSTRUCTION , QUANTITY UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS _ 8,000 00 _ 8,000 00 2 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 3356 LF 3 00 10,068 00 3 4" PVC CONDUIT FOR AEP 200 LF 25 00 5,000.00 TOTAL TOTAL CONSTRUCTION $23,068.00 $1,449,579.00 Exhibit 4 Page 2 of 3 NIXON M WELSH, P.E., R.P.L S. Email NixMW@aol com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 5 CITY REIMBURSEMENT ESTIMATE GRID MAIN WATER CORPUS CHRISTI, NUECES COUNTY TX 0910415 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1, 12" PVC PIPE 922 LF 60 00 55,320 00 2 18" STEEL CASING PIPE BORED IN PLACE 90 LF 300 00 27,000 00 3 12" EL, ANY ANGLE 4 EA 750 00 3,000 00 4 12" TEE 3 EA 850 00 2,550 00 5 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6 FIRE HYDRANT ASSEMBLY 1 EA 4,000.00 4,000 00 7 6' 90° EL 1 EA 300.00 300 00 8. 6" GATE VALVE WITH BOX 1 EA 950.00 950.00 9 6" DIA X 30" PVC PIPE NIPPLE 3 EA 250 00 750 00 SUBTOTAL $100,270.00 11% ENGINEERING, SURVEYING & TESTING 11,029.70 SUBTOTAL 111,299.70 LESS WATER ACREAGE FEE -7,219.39 TOTAL. REIMBURSEMENT $104,080.31 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS 1. 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) I0. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Desdopment Sen ices P O Box 9277 Corpus Christi Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Comer of Leopard St and Port Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation E 'Partnership ❑ Sole Owner ❑ Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 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 NIA 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: Mossa Mostaghasi (Print) Signature of Certifying Person: Title: President Date: 1-22-16 K 1DEVELOP\IENTSVCSSIIARED'LAND DEVELOPMENnORDINANCE ADMINISTRATIONAPPLICATION FORMS`. FORMS AS PER LEGAL120I21DISCLOSt1RE OF INTERESTS Page 1 of 2 STATESIENTI 27 12 DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a fimti. 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 firmsuch as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KDEVELOPMIENTSVCSSIIARED'LANDDEVELOPME TORD1NANCEADSIINISTRATIONIAPPLICATIONFORM1ISFORMSASPERLEGAL120t2DDISCLOSUREOFINTERESTS STATEMENT! 27 12 DOC Pa e 2 of 2 Exhibit 6 9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos 1.2.3.5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-9154 Date Filed: 02/04/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Development, LP Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Development Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Parkview Unit 5 Arterial grid main waterline reimbursement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only If there is NO interested Party. 121 6 AFFIDAVIT > > > 1 swear, or affirm. under penalty of perjury, that the above disclosure is true and correct. < C .4,15;-%';::;` CINDY BUENO ."(�j ) ID Stt76588.3 Notary Pt,blfc ,..k.......,../4v STATE OF TEXAS 'r,2.1.' My Comm Exp 11.04 2019 Signature of authorized agent of contracting business entity ��``��'' ��,/U�� �ha � this the 4 day of fLtlittkr AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the saidgfir& 20 1 IS , to =ertify which. witness my hand and seal of offire &� BuEgbSignature Nob4aAtitO) officer administering oath Printed name of officer adminstering oath Tide of officer administering oath Forms nrnvided by TPYac Frhirr r nmmieci.., wwvv,ethtcs state.tx.us Version V1.0.34944 Vicinity Map VICINITY MAP PARKVIEW UNIT 5 Aerial Overview AERIAL OVERVIEW PARKVIEW UNIT 5 t N 2 Aerial AERIAL MAP PARKVIEW UNIT 5 3 AGENDA MEMORANDUM Future Item City Council Meeting of 4/19/16 Action Item for the City Council Meeting of 4/26/16 DATE: TO: Ronald L. Olson, City Manager February 1, 2016 FROM: Terry Teri TerryT©cctexas.com (361)826-2515 Motion to Execute Lease Agreement For City Detention and Magistration Center CAPTION: Motion to authorize City Manager, or designee, to execute a Lease Agreement, between Wilson Plaza Associates LP., for the operation of the City Detention and Magistration Center. PURPOSE: The Municipal Court Administration currently utilizes the leased suite for the operation of the City Detention and Magistration Center. Said space also includes a safety vestibule for the Police Department. The monthly lease payment will be $7,006.85 for a total of 5,503 net rentable square feet. This is an annual total sum of $84,082.20, payable in monthly installments, in advance. Said agreement incorporates the original lease and the expansion agreement entered into on January 2015. BACKGROUND AND FINDINGS: In April, 2004, City Council approved a 7 -year lease agreement for the City Detention and Magistration Center at the Wilson Plaza Building. Said lease agreement commenced on September 1, 2004, and ended August 31, 2011. In November, 2011, City Council approved a 2 -year lease agreement extension for the City Detention and Magistration Center. Said lease agreement extension commenced on December 1, 2011, and expired on November 30, 2013. In December of 2013, City Council approved a 2 -year lease extension agreement for the City Detention Center. Said lease agreement extension commenced on December 1, 2013, and expired on November 30, 2015. A lease expansion amendment was entered into, increasing the square footage of the City Detention Center to 5503 net rentable sq. ft. Said lease expansion amendment, signed on January 27, 2015, which coincided with the existing lease, commenced on November 1, 2014, and expired on November 30, 2015. It is proposed herein that Council approve a 2 -year lease extension agreement for the City Detention and Magistration Center at the Wilson Plaza Building which will incorporate the original lease and the expansion agreement. Said lease extension agreement commences on December 1, 2015, and expires on November 30, 2017. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement that exceeds $50,000. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, 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 42,041.10 98,095.90 140,137.00 Encumbered / Expended Amount 42,041.10 98,095.90 140,137.00 This item BALANCE 45,000.00 -0- Fund(s): Comments: RECOMMENDATION: Staff recommends the City Council approve the proposed motion. LIST OF SUPPORTING DOCUMENTS: Lease Extension Agreement with attachments Previously Approved Lease Expansion Amendment with attachments STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT PARTIES: That on this 15th day of November, 2015, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and Citv of Corpus Christi Detention Center , as Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated 12-01-13 , unless otherwise agreed herein, the demised premises described below. A copy of the original, 04-13-04 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza. North Suite No.113 A Building street address, city, county, state: 606 N. Carancahua, Corpus Christi, Nueces, Texas. Net rentable square footage of 5,503 as defined by BOMA standards of measurements. 3. TERMS: The term of this lease shall be for 2 (two) years commencing on December 01, 2015and ending November 30, 2017 . 4. RENTS: Rent shall be $7,006.85 per month, payable in advance, on the first of each month at Landlord's office, if any, in the above building; otherwise, at such other address in said county as may be subsequently fumished by Landlord for such purposes, 900 Wilson Plaza West, Corpus Christi, Texas 78401-0669. Rent received after the first shall be deemed as delinquent. In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10) days after payment would otherwise be due, then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to fifteen percent (15%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 5. SECURITY DEPOSIT: Security deposit shall be the same as previous lease agreement unless otherwise stated here $ N/A . If Tenant fails to give Landlord thirty (30) days written notice prior to terminating the lease, to pay rent or other sums when due, the security deposit may at Landlord's option be applied to such unpaid amounts. 6. USE: Tenant shall use the premises for the following purpose and no other (nature of Tenant's business) City Detention and Mapistration Center . 7. CERTIFICATE OF INSURANCE: A current certificate of insurance shall be furnished by Tenant pursuant to the conditions set forth in the original lease agreement. 8. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. 9. Exhibits: Exhibit "A" Legal Description, Exhibit "B" Floor plans, Exhibit "C" Landlords improvements, and Exhibit "D" Renewal option are deemed incorporated in this agreement in their entirety, whether or not actually attached. EXECUTED this the day of , 20 Wilson Plaza Associates, L.P. Landlord: Focus Investment Co. L.L.C. General Partner By Herman A. Parker General Manager Approved as to legal form this By: Buck Brice Assistant City Attorney for City Attorney day of Tenant: City of Corpus Christi City Manager or designee Ronald Olson City Manager EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drillhole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest corner of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest comer of the R. M. Kleberg Tract, for the northwest comer of this survey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast comer of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast comer of this survey; THENCE south 1 degree 00' West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drillhole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. EXHIBIT "B" FLOOR PLAN ,1 r" low ir EXHIBIT "C" LANDLORDS'S IMPROVMENTS Tenant accepts the demised premises in "As is" condition EXHIBIT "D" RENEWAL OPTION At the end of this renewal tem,, November 30, 2017, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the Lease term. The terms of this Lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. LEASE EXPANSION AMENDMENT L This Lease Expansion Amendment applies to the Lease Agreement dated April 13, 2004 between Landlord, Wilson Plaza Associates L.P., and Tenant, The City of Corpus Christi. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement's dated November 15, 2013 and December 1, 2011, unless otherwise agreed herein, the demised premises described below. A copy of the original April 13, 2004 lease agreement is available in the manager's office: Wilson Plaza Associates, LP, 606 N C: rancahua, #900, Corpus Christi, TX 78401-1669. 1e The above referenced lease is for the demised premises located at 615 Leopard, Suite 113A, Corpus Christi, Texas, and should be amended on page 1 to read as follows: 2. Demised Premises: Approximately 793 additional net rentable square feet shall be added to the approximately 4,710, net rentable square feet for a total of 5,5Q3 net rentable square feet. 3. Lease Tema: Commencing on November 1.. 2014 and ending November 30, 2015. 4. Basic Rental: A total sum of $91,089.05 (Ninety One Thousand Eighty Nine and 05/100 Dollars) payable...in monthly installments of $7,006.85 in advance, during the lease term. II. LEASE EXPANSION` AMENDMENT All construction shall be as shown Construction Plan Tenant shall pay in one construction as approved on Exhiblei- "C-1" an Impr,..vements. Landlord: Wilson Plaza Associates, LP Herman A Parker Date: on Exhibits "B-2" lump sum the cost for "C-2" Approved Tenant Tenant: The City of Corpus Christi l xhiE s: "A" Legal Description "0" Floor Pian "B-1" Expansion. Floor Plan "B-2" Construction Plan "C-1" Tenant Approved Plan "C-2" Approyed Tenant Improvements PTTtS ?.EBECCA HUERTA Date: �. ?8� 215 Approved as to form Assistant City Attorney For City Attorney Ai' cActivis T "A". LEGAt.DI SCR1P11ON Situated in the county of Nuec8s State of Texas, to -wit; TRACT: Lot No.. One (1), Two (2), Three (3), Four (4), Five (5) and Six p fn Nixon Replat of the Lots No. Five (5), Six. (6), ,Seven °s ,-and Eight (6), Block Three:(3), BLUFF "PORTION of the City of Corpus Christi, Nuel Cwity, Texas, according to the map -or plat thereof, recorded on Volume 4, Page 18, Map Records, Nuel-Coyrity, Texas. • - TRACT ll: Lot (2), in. Stuck Thr (3), Four. (4); .Nine .(9), Ten CA, Eleven (11) and TWeive (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the maps r plat.thereof,; recorded in Volume A, 'Page 3, Map Records, Wueces County, Tis. :TRACT lli.Being apart ofthe BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat af.said_ city, recorded in Volume A. Page•3, Map Records, Nueoes County, Texas and being more particularly described by Metes and bounds.as follows: BEGINNING eta drill hole, in a concrete,reiaining Wali, in the east botniclary line of North Carancahpa: Street; the southwest 'corner of Block 3, BLUFF PORTON of the City of Corpus Christi, Texas and southwest torner of the R. i' -iii berg Tract; for the northwest comer of this survey; Thence Smith 88 degrees 31'20 East. with the south boundary line of said Bloat 3, and north. boundary line of said • Kleberg Tract, and with the.general course of an old board fence, 301.76 feet to a one inch iron pip. ih the watt boundary line of North Broadway, the Southeast comer of said Block 3, the northeast owner Of said .Kleberg Traci,.for.the Northeast corner of this survey; THENCE -Soups 1.degree O0'West with the said West boundary of North Broadway. and east boundary . line of said�•Kleberg Tract, 50 feetto a one inch iron pipe for the Southeast comer of this Survey THENCE North 88 degrees 31'20" West paraflef with said south boundary line of Block 3, anti:nuttn . boundary line of said Kleberg Tract, 301.84- feet fo a drill hole in a concrete retaining wall in said. east boundary line of North Corancehua Street, and west boundary line of sa€d Kleberg Tract, for the . southwestcorneris-survey_ HENCE North 1 degree 03+20" East with said east boundary line of North Garanoahua Street and west boundary fined saki Kieberg Tract, 50 fee to the PLACE OF BEGiNNiNG and being the same land as decdbed IR a Main deed dated May '5, 1930, from R.. M. Kleberg, and wife, Mamie C. Kleberg #o D. K. Martin, Tnistee, which is recorded in Volume 194 page 138-139, Deed Records, ?VueCeS Course, Texas. EX FL I BIT "B" R DLA\ EXHIBIT B-1" EXPAN,1101'j PLAN D R Ec'TR DM TR r SEE BENCH Ifv SET 1 INSET BENCH PIPE EXHIBIT "B-2" CONSTRUCTION PLAN /DEMO EXISTIN '/ROOMS DtSTRU 'ALL, EVEL LEERS 1543 INSTALL )DORS/ FINISH CONSTRUCTION AS PER BUILDING STANDARD /EYE f iv RE -INSTALL RESTROOM, INSTALL EYE, WASH AREA' ENGAGE q EE DOOR/ �[} 2�ONf-I�} .. _:. Iir1SE J� 3 IN BEI,' 11111111111111111111111•1110111* Pi am m I °Pr EXHIBIT "C-1" TENANT APPROVED PLAN f110 LIRIME k4A_LS 4 =ci HEW WALLS SEE BENCH i INSET t tItase C.3.0 — • 44 9J20l2014 TEAM" iMPROVERAEW S City Detention Center SUITE #113 JOS DESCRIPTION COST RESTORE 1 RESTROOM IM BOOKING AREA; INSTALL EYEWASH.IN 2ND RESTROOM IN THE BOOKING AREA. ONSTRUCT AS PER DRAWING., ' DEMO EXISTING WALLS & CEILING, REPAIR EXISTING WALLS, IWUD,SAND & PAINT CEILING/JOB &.CEMENT WORK AND ANCHORED TO. THE FLOOR 2 METAL BENCHES WITH PIPE INSTALLED REMOVE EXISTING EQUIPMENT (LIG TS,.OUTLETS, CONDUIT EI'c.FOR DEMO OF WALLS RELOCATE & ADD N EW LIGHT'S; OUT.,ETS, CONDUIT. ETC. IN NEW WALLS. LABOR AND MATERIAL 49 950.00.' TOTAL $49,950.00 clam Accepted 8 Date Wilson Plaza Associates, LP„ 806 N Crentenua,ADO, corpus Christi, Tx7e4O1-0989, 361-884-sa65 email; jhala©Wtinnplaza AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 19, 2016 Second Reading for the City Council Meeting of April 26, 2016 DATE: March 29, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing — Various Amendments to the Unified Development Code CAPTION: Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", subsection 3.10.1.A "Minor Plat", table 4.4.4 "Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and 4.6.2 "Permitted Uses" for single family, multifamily, commercial, and industrial districts, respectively, table 4.5.3 "Residential Development Standards", table 4.5.4 "Nonresidential Development" standards, table 5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific Standards" for game processing, subsection 5.3.2.C.1 "Fuel Pumps, Islands and Canopies", subsection 7.4.4.0 "Outside Storage", subsection 8.2.3.A "Utility Easements" and subsection 3.12.1 "Applicability" for special use exceptions; providing for severance; providing for penalties; and providing for publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its function and implementation. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement to address the city's development needs staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, staff is proposing the following new text amendments: GAME PROCESSING: 1. Subsection 1.11.3 Defined Terms: The definition of Game Processing is being added to clarify uses and services rendered and to make clear it is not for livestock or industrial volume. 2. Table 4.5.2: game processing is being added to the commercial use table to show it is allowed in commercial districts with limitations. 3. Table 5.1.4.G: Game Processing is added to the commercial Use Categories as a principal use under Retail Sales and Service, which is allowed in commercial and industrial districts. 4. 5.2.25: Specific Standards for Game Processing is being amended by adding standards for game processing business to clarify that game processing shall not include slaughtering and shall not reach an industrial level such as "animal processing". PLATTING: 5. 3.10.1.A: Minor Plat is being amended to allow a plat with a utility or street dedication to be approved at an administrative level to minimize the volume of replats going to planning commission, thereby expediting the approval. SIDE AND REAR YARDS IN COMMERCIAL DISTRICTS: 6. Tables 4.5.3 and 4.5.4: Side and Rear Yards in "Residential Development Standards" and "Non-residential Development Standards", respectively, for commercial districts are being amended to match the setbacks based on height as described in 4.2.8 to resolve confusion. Setbacks are to be based on adjacency to 'use' not `district'. MAJOR UTILITIES: 7. Table 4.5.2 "Permitted Uses" in commercial districts is amended by allowing major utilities with limitations rather than by rezoning to a special permit. This change will make the commercial district allowances equal to the single-family and multifamily districts with regard to allowing major utilities subject to limitations only. CEMETERIES, COLUMBARIA, MAUSOLEUMS, MEMORIAL PARKS, and CREMATORIUMS (human or animal): 8. Tables 4.3.2, 4.4.2, 4.5.2, 4.6.2: "Permitted Uses" for single-family, multifamily, commercial, and industrial zoning districts, respectively, are being amended to clarify that cemeteries, columbaria, mausoleums, and memorial parks are only allowed by Special Permit when an existing facility is expanding. These tables are also amended to show that human or animal crematoriums are only allowed in industrial zoning districts. MULTIFAMILY HOUSING TYPES: 9. Table 4.4.4: Multifamily Housing Types is being amended to describe the different ways townhouses can be developed: as individual townhouse lots or as units being developed in a single parcel. FUEL PUMPS, GAS ISLANDS, AND CANOPIES: 10. 5.3.2.C.1: Fuel Pumps, Islands, or Canopies is being amended to allow canopies at gas stations to be set back 12 feet from the front property line in all zoning districts and to require fuel pumping stations to comply with the standard 20 foot front yard setback. The former Zoning Ordinance allowed such encroachment of gas station canopies. STORAGE SCREENING: 11.7.4.4.C: Outside Storage is being amended to clearly state that outside storage areas need to be screened from view of the public and adjacent non -industrial uses rather than require screening from adjacent industrial uses. UTILITY EASEMENTS: 12. 8.2.3.A.2: Utility Easements is being amended to clarify that utility easements may be required along local street rights of way. SPECIAL USE EXCEPTION: 13.3.12.1: Applicability is being amended to generalize all the special use exceptions in all the zoning districts instead of just the single-family district. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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 BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsection 1.11.3 "Defined Terms", subsection 3.10.1.A "Minor Plat", table 4.4.4 "Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and 4.6.2 "Permitted Uses" for single family, multifamily, commercial, and industrial districts, respectively, table 4.5.3 "Residential Development Standards", table 4.5.4 "Nonresidential Development" standards, table 5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific Standards" for game processing, subsection 5.3.2.C.1 "Fuel Pumps, Islands and Canopies", subsection 7.4.4.0 "Outside Storage", subsection 8.2.3.A "Utility Easements" and subsection 3.12.1 "Applicability" for special use exceptions; providing for severance; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2016, during a meeting of the Planning Commission, and on Tuesday, April 19, 2016, 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 to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Game Processing: UDC Article 1 " General Provisions", subsection 1.11.3 "Defined Terms"; Article 4 "Base Zoning Districts", table 4.5.2 "Permitted Uses ( Commercial Zoning Districts)"; and Article 5 "Use Regulations", subsection 5.1.4.G "Retail Sales and Service" and subsection 5.2 "Specific Standards" for game processing are amended by adding the following definitions. Article 1. General Provisions 1.11 Definitions 1.11.3 Defined Terms Game Processing: A series of operations performed in the making or treatment of a meat product for human consumption taken from animals and birds that are not commonly domesticated. These animals and birds are hunter killed such as bison, antelope, deer, elk, reindeer, snake, alligator, rabbit, squirrel, beaver, any migratory water fowl or non -domesticated game bird such as pheasant, grouse, quail, turkey, geese, and ducks. This term shall not include the processing of livestock. Ordinance -UDC Text Amendments 11 2016 Page 1 of 12 Article 4. Base Zoning 4.5 Commercial Uses Table 4.5.2 Permitted Uses (Commercial Zoning Districts) COMMERCIAL DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit— [blank cell] = Not Permitted z 0 ci z 0 z O - oe 0 N oe 0 M oe 0 7 C9 0 Cl C9 0 0 m 0 d m Standcrds Commercial Uses Commercial Parking Uses [5.1.4.A] P PP PP PP PP PP Indoor Recreation Uses [5.1.4.B] except: P P SP P P PP PP PP Bar, tavern or pub L L L L L L L L 5.2.7 Sexually oriented business See Section 4.6.2 Office Uses [5.1.4.C] P PP PP PP PP PP Outdoor Recreation Uses [5.1.4.D] except: SP SP PP PP P P SP P Commercial amphitheater SP SP SP SP SP SP SP SP Overnight Accommodation Uses except: P P P P P P P P P P P Bed and breakfast home L L L L L L L L L 5.2.8 Recreational Vehicle Park L L L L L L L 6.1.2 Truck stop w/ overnight accommodations L L L L L L L 4.6.2 Restaurant Uses [5.1.4.F] L L L PPPPPPPP 5.2.11 Retail Sales and Service Uses, sales- and service-oriented [5.1.4.G] Includes personal service uses Except: PP L PPPPPP PP 5.2.12 Game Processing L L L L L L L L P 5.2.25 Retail Sales and Service Uses, repair oriented [5.1.4.G] P P L PPPPPPPP 5.2.13 Farmers market SP SP L L L L L L L L 5.2.9 Self -Service Storage Uses [5.1.4.1] except: L L L L LP 5.2.14 Boat and RV storage L L L L P 5.2.14 Crematorium (animal) SP SP SP SP SP Vehicle Sales and Service Uses except: P PP PP Auto rental PP PP PP PP Car wash, hand -operated or automated L L L PPP L P 5.2.21 Bicycle or watercraft rental PP PP PP PP Fuel sales L L L L L L L L L L 5.2.10 Vehicle service, heavy Vehicle service, limited L L L L L PPPPP 5.2.15 Water -Oriented Uses [5.1.4.J] PP PP PP PP Ordinance -UDC Text Amendments!! 2016 Ordinance 029770, 03/19/2013) Page 2 of 12 Article 5. Use Regulations 5.1 Use Categories Table 5.1.4.G Retail Sales and Service Characteristics: Companies or indiv roducts, or .rovidin..ersonal servi Principal Uses Sales -Oriented: Stores selling, leasing, or renting consumer, home, and business goods including alcoholic beverages, antiques, appliances, art, art supplies, baked goods, bicycles, books, cameras, candy, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, handicrafts, home improvement products, household products, jewelry, medical supplies, musical instruments, petfood and/or pets, pharmaceuticals, photo finishing, picture frames, plants, printed material, produce, sporting goods, stationery, tobacco and related products, vehicle parts, and videos Automotive parts sales with no service bays Farmers market Mailing and stenographic service Photo -finishing facility Shopping center Wholesale club Personal Service -Oriented: Animal grooming Animal hospital Athletic or health club Bank or loan establishment Barbershop Beauty shop Business, driving, martial arts, trade and other commercial schools Cleaning shop not involving bulk or commercial type plants Dance, art, gymnastic or music studios or classes Dry cleaning and laundry drop-off establishments Funeral home Game Processing Hair, nail, tanning, and personal care services Laundromat Mail order house Massage therapy Messenger service Newspaper or telegraphic service iduals involved in the sale, lease, o c it services to the .enera Accessory Uses Associated offices Caretakers quarters Crematorium (animal) Food preparation and dining area Manufacture or repackaging of goods for on-site sale Off-street parking Parking lot/sidewalk sales Satellite dish antenna under 3.2 feet* Storage of goods r rental of new or used I .ublic. Uses Not Included Building materials storage and sales (see Wholesale Trade) Car wash, hand operated or automated (see Vehicle Sales and Service) Catering service, large- scale (see Light Industrial Service) Catering service, small- scale (see Restaurant) Greenhouse, wholesale (see Wholesale Trade) Farm stand with retail sale of products produced or harvested on-site (see Agriculture Uses) Laundry, dry-cleaning, and carpet cleaning plant (see Light Industrial Service) Lumber yard or other building material establishment that sells primarily to contractors and does not have a retail orientation (see Warehouse and Freight Movement) Restaurant (see Restaurants) Sexually oriented business (see Indoor Recreation) Truck sales and repair (heavy load vehicles) (see Wholesale Trade) Vehicle sales or leasing facilities (including passenger vehicles, motorcycles, light and medium trucks, RVs and boats) (see Vehicle Sales and Service) Vehicle service (see Vehicle Sales and Service) Ordinance -UDC Text Amendments 11 2016 Page 3 of 12 5.2 Specific Standards 5.2.25 Game Processing Game Processing establishments shall follow guidelines listed below: 1. All game processing operations shall be conducted inside a building. 2. The business shall be a small scale personal service (not industrial volume). 3. Slaughtering of animals shall be prohibited on the premises of the business. 4. Business entrance shall have a front entrance screened from public view for deliveries of animals or a rear service entrance for loading and unloading (whichever is most accessible for building). SECTION 2. Minor Plat: UDC Article 3 "Development Review Procedures", subsection 3.10.1.A " Minor Plat" is amended as stated below. Article 3. Development Review Procedures 3.10 Minor, Amending or Vacating Plat Review 3.10.1. A. Minor Plat 1. A minor plat is any plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street extension of municipal facilities. 2. Any plat that requires a waiver from subdivision design and improvement standards of this UDC any utility dcdication or any dcdication of land shall not be processed as a minor plat. SECTION 3. Side & Rear Setbacks: UDC Article 4 "Base Zoning Districts" tables 4.5.3 "Residential Development (Commercial Zoning Districts)" and 4.5.4 "Nonresidential Development (Commercial Zoning Districts) are amended by revising the text to read as follows: Article 4. Base Zoning Districts 4.5.3. Residential Development Standards Table 4.5.3 Residential Development (Commercial Zoning Districts) Ordinance -UDC Text Amendments 11 2016 Page 4 of 12 COMMERCIAL DISTRICTS CN -1 CN -2 ON CR -1 CR -2 CR -3 CG -2 CI CBD Max. Density 37 15' 37 44 37 Min Lot Area (sq. 6,000 6,000 6,000 6,000 6,000 6,000 Min. Lot Width (ft.) 50 50 50 50 50 50 50 Min. Yards (ft.) Street (front) Street (corner) 20 15 20 15 20 15 20 15 20 15 102 15 20 15 0 0 0 0 Side single) Side total) 10 20 10 03 03 04 10 20 10 10 20 10 10 20 10 0 0 0 10 20 10 03 03 03 0 0 0 Rear Side and Rear, abutting See Section 4.2.8.0 adjacent to residential district use Min. Open Space 30% 25% 30% 25% 25% 30% Max Height (ft.) 35 365 45 Ordinance -UDC Text Amendments 11 2016 Page 5 of 12 Table 4.5.4 Nonresidential Development (Commercial Zoning Districts) COMMERCIAL DISTRICTS CN -1 CN -2 ON CR -1 CR -2 CR -3 CG -1 CG -2 CI CBD BP Min. Lot Area (sq.ft.) L L L L L L L 5.2.3 Day care center L 5 acres Min. Lot Width 5.2.4.B 50 L L L L L Min. Yards (ft.) Street (front) Street (corner) 20 15 20 15 20 15 20 15 20 15 10' 0 20 15 20 15 0 0 0 0 35 35 Side (single) Side (total) 02 02 02 02 10 20 0 0 0 0 0 0 02 02 0 0 02 02 0 0 204 404 Rear 02 03 10 0 0 0 02 0 02 0 304 Side and Rear abutting adjacent to See Section 4.2.8.0 residential district use L Min. Open Space 10% 25% 5.2.5 Place of Worship Uses [5.1.3.H] P P P P P P P 1 See Section 4.5.5 below. 210 feet if adjacent to any residential use. 315 feet if adjacent to any residential use. 4 No part of any building or accessory structure shall be closer than 100 feet to any residential district boundary. 5 Structures with upper -story residential shall have a maximum height of 36 feet. SECTION 4. Crematorium: UDC Article 4, "Base Zoning Districts," tables 4.3.2, 4.4.2, 4.5.2, and 4.6.2 "Permitted Uses" for single-family, multifamily, commercial zoning, and industrial districts, respectively are amended by revising the text to read as follows: Article 4 Base Zoning Districts 4.3 Single -Family Residential Districts Table 4.3.2 Permitted Uses (Single-family distr cts) SINGLE-FAMILY DISTRICTS P = Permitted Use SP = Special Permit L = Subject to Limitations [blank cell] = SUE = Special Use Exception Not Permitted FR RE RS- 22 RS- 15 RS- 10 RS -6 RS- 4.5 Standards Public and Civic Uses Community Service Uses [5.1.3.A] L L L L L L L 5.2.3 Day care center L 5.2.4.B Day care home [6 or fewer children] L L L L L L L 5.2.4.0 Educational Facility Uses [5.1.3.C] P P P P P P P Parks and Open Area Uses [5.1.3.F] except for: P P P P P P P Cemetery, crcmatorium (human) SP for existing facilities expanding adjacent property on same or columbaria, mausoleum, memorial park Crematorium (human or animal) Golf course P P L L L L L 5.2.5 Place of Worship Uses [5.1.3.H] P P P P P P P Utilities, major [5.1.3.J] except for: L L L L L L L 5.2.6 Wind energy units L L L L L L L 5.6.4 Ordinance -UDC Text Amendments 11 2016 Page 6 of 12 4.4 Multifamily Residential Districts Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted RS -TF RS-TH RM -1 RM -2 RM -3 RM- AT Standards Residential Uses Single-family detached house P P P P P Zero lot line house L L L L L 4.3.5 Traditional house P P P P P Semi -attached house P P P P P Two-family house P P P P P Townhouse P P P P P P Apartment P P P P Cottage Housing Development P P P P P P 4.7 Group home (6 or fewer residents) P P P P P P Group Living Uses except for: P P P P Nursing or convalescent home P P Public and Civic Uses Community Service Uses [5.1.3.A] L L L L L L 5.2.3 Day care center L L L L L L 5.2.4 Day care home L L L L L L 5.2.4 Educational Facility Uses 5.1.3.C] P P P P P P Parks and Open Area Uses [5.1 .3.F] except for: P P P P P P Existing Cemetery, columbaria, mausoleum, Scc Scction '1.3.2 SP for existing facilities memorial park expanding on same or adjacent properties. Crematorium (human or animal) Passenger Terminal Uses [5.1.3.G] except for: P P P P P P Airport, helipad, heliport or landing field Place of Worship Uses [5.1.3.H] P P P P P P Utilities, major [5.1 .3J] except for: L L L L L L 5.2.6 Wind energy units L L L L L L 5.6.4 Utilities, minor [5.1 .3J] P P P P P P Wireless telecommunication facility See Section 5.5 Ordinance -UDC Text Amendments 112016 Page 7 of 12 4.5 Commercial Districts Table 4.5.2 Permitted Uses (Commercial Zoning Districts) COMMERCIAL DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted z U N z U z 0 CR -1 N oe U M oe U () U N 0 U U CBD BP Standards Residential Uses Caretakers quarters L L LLLL LL L L P 5.2.20 Townhouse P P P PP P P P Zero Lot Line L L LLL L L L 4.3.5 Multifamily dwelling P P P PP P P P P Cottage Housing Development P P P PP P P 4.7 Upper -story residential unit within commercial business structures L L LLLL LLLPL 5.2.1 Group Living Uses [5.1.2.B] P P P PP P P P Public and Civic Uses Day Care Uses [5.1.3.B] L L LLLL LL LLL 5.2.4 Community Service Uses [5.1.3.A] P P PPPP PP PP P Educational Facility Uses [5.1.3.C] P P PPPP PP PP P Government Facility Uses [5.1.3.D] except for: P P PPPP PP PP P Detention facility SP SP SP Medical Facility Uses [5.1.3.E] P P PPPP PP PP P Parks and Open Area Uses [5.1.3.F] except for: P P P PP P PPPPP Cemetery, columbaria, mausoleum, memorial park -Q SP for existing facilities expanding on adjacent property only or same Crematorium (human or animal) Golf course P P P P P Passenger Terminal Uses [5.1.3.G] except for: P P PPPP PP PP P Airport or landing field SP SP SP SP SP SP SP SP SP SP SP 5.2.2 Helipad or heliport L L LLLL LL LLL 5.2.2 Place of Worship Uses [5.1.3.H] P P PPPP PP PP P Social Service Uses [5.1.3.1] SP SP Utilities, major [5.1.3J] except for: SPL SPL SPL SPL SP SPL SPL P P SPL SPL 5.2.6 Wastc Trcatmcnt Plants SP SP SP SP SP SP SP SP SP SP SP Wind energy units L L LLLL LL LLL 5.6.4 Utilities, minor [5.1.3.J] P P PPPP PP PP P Wireless telecommunication facility See Section 5.5 Ordinance -UDC Text Amendments 11 2016 Page 8 of 12 4.6 Industrial Districts Table 4.6.2 Permitted Uses (Industrial districts) INDUSTRIAL DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted IL IH Standards Residential Uses Caretakers quarters P P Upper -story residential unit within commercial businessL structures. 5.2.1 Public and Civic Uses Commercial child care SP SP 5.2.4 Government Facility Uses [5.1.3.0] P P Medical Facility Uses [5.1 .3.E] P Parks and Open Area Uses [5.1 .3.F] except for: P P Sec Section x.3.2 SP for existing Cemetery, columbaria, mausoleum, memorial park facilities expanding on adjacent or same property only Crematorium (human or animal) P P Golf course See Section 4.3.2 Passenger Terminal Uses [5.1.3.G] except for: P P Airport, helipad, heliport or landing field L L 5.2.2 Social Service Uses [5.1.3.1] P Utilities, major [5.1 .3.J], except for: P P Wind energy units L L 5.6.4 Utilities, minor [5.1 .3.1] P P Wireless telecommunication facility See Section 5.5 Commercial Uses IL IH Standards Commercial Parking Uses [5.1.4.A] P Crematorium (animal) Fairgrounds P Office Uses [5.1 .4.C] P Restaurant Uses [5.1.4.F] L 5.2.1 1 Retail Sales and Service Uses, sales -and service- oriented [5.1.4.G.] Includes personal service uses P P 5.2.12 Retail Sales and Service Uses, repair -oriented [5.1.4.G.] P P 5.2.13 Self -Service Storage Uses [5.1.4.H] P P Sexually -oriented businessP See Muni Code Ch. 48 Truck stop with overnight accommodations P P Vehicle Sales and Service Uses [5.1.4.1] except for: P Vehicle service, heavy P P Veterinarian or animal hospital without outdoor runs and kennels P Vocational, trade or business school P Industrial Uses Light Industrial Service Uses [5.1 .5.A] P P Warehouse and Freight Movement Uses[5.1.5.B] P P Waste -Related Service Uses [5.1.5.C] P P Wholesale Trade Uses [5.1.5.D] P P (Ordinance 029376, 02/21/12) Ordinance -UDC Text Amendments 11 2016 Page 9 of 12 SECTION 5. Housing Types: UDC Article 4 "Base Zoning Districts" table 4.4.4 " Multifamily Housing Types" is amended by revising the text to read as follows: Article 4. Base Zoning District 4.4 Multifamily Residential Districts Table 4.4.4 Multifamily Housing Types DESCRIPTION ILLUSTRATION Two -Family House Two attached dwelling units under single ownership, in a single structure and on a single• lot (often called a duplex). The may two units be located on separate floors or side- by -side. r...____..7 I 1 j I � I /r/ i i I i ' Townhouse Two or more attached single- family units Iota ed -ems soparately owned gots where the units are lined up in a row and have abutting side walls;. If ' , I - I j •share ' :Y Unit 1 Unit 2 Individual units may not be mixed vertically. A townhouse development may be platted on separately owned lots and lots may be sold fee -simple or as condominiums or the development may occupy a single parcel with the units being leased. Apartment One or more structures with three or more units in a single structure on a single lot. An apartment can vary in height046;" from two to five stories, and • E �� 1 F• ® 1 Un5 I % ///A �'el IJriit2 individual units can be mixed vertically. (Ordinance 029376, 02/21/2012) Ordinance -UDC Text Amendments 11 2016 Page 10 of 12 SECTION 6. Canopies: UDC Article 5, "Use Categories", subsection 5.3.2.C.1 "Fuel Pumps, Islands, or Canopies" is amended by revising the text to read as follows. Article 5. Use Categories 5.3 Accessory Uses and Structures 5.3.2.C.1 Fuel Pumps, Islands, or Canopies a. Fuel pumps, Awnings, porte cocheres, islands, and canopies not locatcd in the Ncighborhood Commcrcial or Rcsort Commcrcial located in any districts (described as being open on all sides except on the side attached to a building) e may occupy the required yards, provided they are a minimum of 12 feet from any public right of way line. Above ground fuel storage shall not occupy a required yard. c. Fuel pumps and islands shall follow respective setbacks for standard development. SECTION 7. Outside Storage: UDC Article 7, "General Development Standards", subsection 7.4.4 "Categories of Outside Display and Storage" is amended by revising the text to read as follows. Article 7 General Development Standards 7.4 Outside Display Sales and Storage 7.4.4 Categories of Outside Display and Storage C Outside Storage 1. Outside storage shall be allowed in unlimited quantity provided that the storage area is completely screened from view the public right-of-way and adjacent properties. non -industrial uses. SECTION 8. Easements: UDC Article 8 "Subdivision Design and Improvements", subsection 8.2.3.A "Utility Easements" is amended by revising the text to read as follows. Article 8 Subdivision Design and Improvements 8.2 Design Standards 8.2.3.A Utility Easements 2. Utility easements 15 feet in width typically will be required along both sides of arterial or higher classification streets rights of way. Utility easements 10 feet in width may be required along both sides of collector streets rights of way. No -Utility easements typically will may be required along local street rights of way as determined by the Technical Review Committee. SECTION 9. Special Use Exception: UDC Article 3 "Development Review Procedures", subsection 3.12.1 "Applicability" is amended by revising text to read as follows. Article 3 Development Review Procedures 3.12 Special Use Exception 3.12.1 Applicability A. Uses requiring a special use exception are identified in the permitted use tables of the Scction 11.3, pertinent zoning district. SECTION 10. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it may 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. Ordinance -UDC Text Amendments 11 2016 Page 11 of 12 SECTION 11. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 12. 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. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -UDC Text Amendments 11 2016 Page 12 of 12 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 26, 2016. Second Reading Ordinance for the City Council Meeting of May 10, 2016. DATE: April 21, 2016 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Reclassification of 3 Fire Captain positions to Battalion Chief positions. CAPTION: Ordinance amending Ordinance No. 030620 by increasing the number of positions authorized for classification of "Battalion Chief" from ten (10) to thirteen (13) and decreasing the number of positions authorized for classification of "Fire Captain" from eighty-two (82) to seventy-nine (79). PURPOSE: The Fire Department is now prepared to implement the recommendation of the 2014 MGT of America, Inc. Study to reclassify three (3) 623 EMS Supervisor (Captain) positions to three (3) Battalion Chief positions. Currently, the Fire Department staffs three (3) Fire Captain positions to supervise and support the work performed by the eleven (11) Medic Unit crews. The reclassification to Battalion Chief will strengthen their responsibility to include on -scene supervision of EMS calls. This reclassification will move the Fire Department from three (3) battalions to four (4) battalions and eliminate the 623 EMS Supervisor position. The proposed reclassification will result changes to the number of Battalion Chief positions (+3) and the number of Fire Captains (-3) but no change in the overall authorized compliment of (414). Position Authorized Proposed Difference Fire Chief 1 1 0 Deputy Fire Chief 1 1 0 Assistant Fire Chief 4 4 0 Battalion Chief 10 13 +3 Fire Captain 82 79 -3 Firefighter II — Engineer 73 73 0 Firefighter II — EMS 109 109 0 Firefighter I 134 134 0 Total 414 414 0 The financial impact for the last six months of the current Fiscal year will be $25,640.83. This amount can be absorbed by the current saving in Station salaries due to eleven firefighter retirements. The additional financial impact in FY 16-17 and beyond will be $51,281.66 in Salaries for the three Battalion Chief positions. The proposed Fire Department reorganization will satisfy recommendations made by the MGT of America Efficiency Study in order to improve span of control and provide for one uniform command and control over all aspects of the Fire Department operations. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval or Ordinance to accept the reclassification to three Captain positions to Battalion Chief positions. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal 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 22,016,446.00 Encumbered / Expended Amount 10,318,406.43 This item 25,640.83 51,281.66 76,922.49 BALANCE 11,672,398.74 Fund(s): Comments: None RECOMMENDATION: Staff recommends reclassifying three Captain positions to three Battalion Chief positions. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Ordinance No. 030620 by increasing the number of positions authorized for classification of "Battalion Chief" from ten (10) to thirteen (13) and decreasing the number of positions authorized for classification of "Fire Captain" from eighty-two (82) to seventy-nine (79). WHEREAS, the MGT of America, Inc. 2014 Study recommends the reclassification of three (3) EMS Supervisor (Captain) positions to three (3) Battalion Chief positions; and WHEREAS, pursuant to §143.021 Texas Local Government Code, the Corpus Christi City Council shall prescribe the number of positions in each classification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 030620, SECTION 4. Firefighter Positions, is amended by increasing the number of positions authorized for classification of "Battalion Chief" from ten (10) to thirteen (13) and decreasing the number of positions authorized for classification of "Fire Captain" from eighty-two (82) to seventy-nine (79). Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter -134* Firefighter II - EMS - 109 Firefighter II - Engineer - 73 Fire Captain - 82 79 Battalion Chief - 4-0 13 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY15-16 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. 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 Michael Hunter 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 Michael Hunter PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Fire Department Reclassification Council Presentation April 26, 2016 Fire Department Reclassification Position Authorized Pro • osed Difference Fire Chief Deputy Fire Chief Assistant Fire Chief Battalion Chief Assistant EMS Director Fire Captain Firefighter II — Engineer Firefighter II — EMS Firefighter I Total 1 1 4 9 1 82 73 109 1 1 4 12 1 0 0 0 +3 0 79 -3 73 0 109 0 134 134 0 414 414 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 26, 2016 Second Reading Ordinance for the City Council Meeting of May 10, 2016 DATE: April 15, 2016 TO: Ronald L. Olson, City Manager FROM: Christine Garza, M.B.A., Interim Assistant Director of Management and Budget christineg@cctexas.com (361) 826-3792 Mid -Year Adjustment CAPTION: Ordinance amending current Operating Budget adopted by Ordinance No. 030620 as follows: (a) reduce General Fund revenues $8,000,000 due to decline in sales tax, industrial district agreement payments in lieu of taxes, and municipal court revenues; (b) increase revenues in General Fund and other funds $1,400,000 to rebate funds contributed for Municipal Information Systems, Fleet, and Development Services; (c) transfer $312,765.83 from the General Liability Fund to various funds to rebate property insurance savings; (d) appropriate $500,000 unreserved fund balance in Fleet Services Fund No. 5110 for Fire Department equipment and increase expenditures by $500,000. PURPOSE: This action will reduce the current Fiscal Year budget for revenue by a net of $8,000,000 to offset the loss of sales tax, industrial district payments in -lieu of taxes, and Municipal Court revenues in the General Fund. This action will rebate reserve funds contributed by various departments to Municipal Information Systems, Fleet Services, and Development Services Funds. This action will transfer savings in the General Liability Fund, due to a recently awarded property insurance contract, by rebating $312,765.83 back to the General, Enterprise, Internal Service, and Special Revenue Funds. This action will appropriate money for the purchase of equipment by Fleet Services that will be available for the Fire Department. BACKGROUND AND FINDINGS: In Fiscal Year 2014-2015, actual sales tax collections were 7.7% lower than the amount budgeted, or $4,876,897. For the six months ended March 31, 2016, actual sales tax revenue collected is 4.9% lower than the amount budgeted or $2,913,201. It is projected that this trend will continue through September 30, 2016 — resulting in lower sales tax revenues of approximately $4,800,000 for Fiscal Year 2015-2016. In addition, Industrial district agreement payments in -lieu of taxes will be $1,700,000 lower than budgeted due to reductions in values; and Municipal Court revenue is expected to be $1,500,000lower than budgeted. Expenditures will be adjusted for this reduction of revenue due to an unanticipated change in the payment schedule for Solid Waste Debt ($4,179,000), Development Services transfer ($500,000), and Intergovernmental Relation contracts ($151,000). Other expenditure adjustments will be found within operating accounts such as fuel and vacant positions ($2,144,370). Over the last several years, expenditures in the Municipal Information Systems, Fleet Services and Development Services Funds have been less than budgeted, therefore the balances in these internal service funds have increased above the amounts required by Financial Policies. In order to lower the internal service fund balances, rebates will be returned to the departments as shown on Exhibit A. Below is a summary of these actions affecting the General Fund: Revenue Shortfalls Expenditure Adjustments Sales Tax $ 4,800,000 Operating Expenditures $ 6,974,370 Industrial District 1,700,000 MIS rebate 154,950 Municipal Court 1,500,000 Fleet rebate 170,680 Development Svcs rebate 700,000 TOTAL $ 8,000,000 TOTAL $ 8,000,000 On April 12, 2016, the City Council passed a motion of direction to staff requesting the transfer of property insurance savings to the No. 1042 Residential Street Fund. The savings calculated for Fiscal Year 2015-2016 is $312,765.83, of which $186,924.99 was allocated to the General Fund as shown on Exhibit B. The General Fund portion will be rebated and transferred to the No. 1042 Residential Street Fund as directed by City Council. The appropriation of $500,000 from the Fleet Services Fund balance will provide funding for Fire Department equipment for Fiscal Year 2015-2016, which includes six (6) hybrid sedans and one (1) light and air vehicle. These items are part of the Fire Department's vehicle replacement plan and will replace aged/high mileage vehicles. ALTERNATIVES: The City Council can choose to not approve the ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Financial Services, Legal FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Revenue Budget - $74,347,391 - $74,347,391 This item - ($8,000,000) - ($8,000,000) TOTAL Adjusted Revenue - $66,347,391 - $66,347,391 Fund(s): General Fund Comments: n/a RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A -Internal Service Rebates Exhibit B -General Liability Insurance Rebate Presentation Ordinance amending current Operating Budget adopted by Ordinance No. 030620 as follows: (a) reduce General Fund revenues $8,000,000 due to decline in sales tax, industrial district agreement payments in lieu of taxes, and municipal court revenues; (b) increase revenues in General Fund and other funds $1,400,000 to rebate funds contributed for Municipal Information Systems, Fleet, and Development Services; (c) transfer $312,765.83 from the General Liability Fund to various funds to rebate property insurance savings; (d) appropriate $500,000 unreserved fund balance in Fleet Services Fund No. 5110 for Fire Department equipment and increase expenditures by $500,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 is amended to reduce revenues by $8,000,000 in the General Fund due to a decline in sales tax, industrial district agreement payments in lieu of taxes, and municipal court revenue. SECTION 2. The FY2015-2016 Operating Budget, adopted by Ordinance No. 030620, is amended to increase revenues in the General Fund and various Enterprise, Internal Service and Special Revenue Funds identified on the attached and incorporated Exhibit A, by total of $1,400,000 to rebate funds contributed for Municipal Information Systems, Fleet and Development Service. SECTION 3. That the transfer of $312,765.83 from the General Liability Fund to rebate property insurance savings to various Enterprise, Internal Service and Special Revenue Funds identified on the attached and incorporated Exhibit B is hereby approved. SECTION 4. That $500,000 in the unreserved fund balance in Fleet Services Fund No. 5110 is appropriated for the purchase of Fire Department equipment and that expenditures in the Fleet Services Fund are increased by $500,000. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor FUND Municipal Information Systems EXHIBIT A Internal Service Rebates Development Fleet Services % Services General Fund 154,950.00 51.65% 170,680.00 42.67% Enterprise 106,110.00 35.37% 166,840.00 41.71% Internal Service 13,020.00 4.34% 17,920.00 4.48% Special Revenue 25,920.00 8.64% 44,560.00 11.14% 700,000.00 100.00% $ 300,000.00 100.00% $ 400,000.00 100.00% $ 700,000.00 100.00% EXHIBIT B General Liability Insurance Rebate % of total FY2016 Allocations Fund GL 5611 Allocation Savings in FY16 Savings in FY17 Total Savings Fund General Fund Enterprise Special Revenue Internal Service Total for all Funds FY15 Allocations $3,279,981.17 $1,241,727.43 $464,264.57 $502,142.81 $5,488,116 59.77% 22.63% 8.46% 9.15% 100.00% $186,924.99 * $70,765.62 $26,458.28 $28,616.94 $312,765.83 $261,694.99 $99,071.86 $37,041.59 $40,063.72 $437,872.17 * Savings allocated to the General Fund and to be transferred to the No. 1042 Residential Street Fund. $448,619.98 Mid Year Budget Adjustment Council Presentation April 26, 2016 Mid -Year Adjustment Revenue Shortfalls Sales Tax Industrial District Municipal Court TOTAL $ 4,800,000 Solid Waste Debt Payment $ 4,179,000 1,700,000 Development Services transfer 500,000 1,500,000 Intergovernmental Relations Contracts 151,000 Operating Expenses (Fuel & Vacant Positions) MIS rebate Fleet rebate Development Services rebate $ 8,000,000 TOTAL 2,144, 370 154,950 170,680 700,000 $ 8,000,000 Internal Service Rebate FUND Municipal Information Systems % Fleet Services Development Services % General Fund 154,950 51.65% 170,680 42.67% 700,000 100% Enterprise 106,110 35.37% 166,840 41.71% Internal Service 13,020 4.34% 17,920 4.48% Special Revenue 25,920 8.64% 44,560 11.14% $ 300,000 100% $ 400,000 100% $ 700,000 100% General Liability Insurance Rebate L% of total Y20,16 Allocations Fund G1..5511.. ,Allocation ja5avings in FY16 Savings in FY17 Total Savings Fund General Fund Enterprise Special Revenue Internal Service Total for all Funds FY15 Allocations $3,279,981.17 $1,241,727.43 $464,264.57 $502,142.81 59.77% 22.63% 8.46% 9.15% $5,488,116 100.00% $186,924.99 * $70,765.62 $26,458.28 $28,616.94 $261,694.99 $448,619.98 $99,071.86 $37,041.59 $40,063.72 $312,765.83 $437,872.17 * Savings allocated to the General Fund and to be transferred to the No. 1042 Residential Street Fund. 4 Vehicle Replacement Fire Department's Vehicle Replacement Plan for the replacement of aged and high mileage vehicles. • 6 Hybrid Sedans • 1 Light and Air Vehicle AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 26, 2016. Second Reading Ordinance for the City Council Meeting of May 10, 2016. DATE: April 14, 2016 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 State Homeland Security Program Grants in the amount of $153,145.51 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Governor's Homeland Security Grants Division in the amount of $153,145.51 for the Homeland Security Grant Program; and appropriating $153,145.51 from the Governor's Homeland Security Grants Division into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. PURPOSE: The Office of the Governor's Homeland Grants Division has informed the City that our jurisdiction has been awarded six (6) State Homeland Security Program Grants in the total amount of $153,145.51. The purpose of the grants is to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. A need analysis has been conducted and specialized equipment has been identified. Bids will be secured for the purchase of the equipment. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance 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 $153,145.51 $153,145.51 BALANCE $153,145.51 $153,145.51 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grants and appropriate the funds in the amount of $153,145.51. LIST OF SUPPORTING DOCUMENTS: Ordinance Statements of Grant Awards Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept grants from the Governor's Homeland Security Grants Division in the amount of $153,145.51 for the Homeland Security Grant Program; and appropriating $153,145.51 from the Governor's Homeland Security Grants Division into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities 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 grants from the Governor's Homeland Security Grants Division in the amount of $153,145.51 for the Homeland Security Grant Program. Section 2. That $153,145.51 is appropriated from the Governor's Homeland Security Grants Division into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Office of the Governor Page 1 of' 1 Statement of Grant Award (SOCA) The Statement of Grant A►►ard is your official notice of award from the Go%ernor's Homeland Security Grants Division (HSGD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies. guidelines and requirements. including. but not limited to. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that go► ern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project. agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensi►e Certifications and Assurance Form, and agrees ►with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below;. Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: 2966101 11/13i2015 01;0112016 - 06130;2016 09128.2016 HS -Homeland Security Grant Program (HSGP) Corpus Christi. City of Contraband Detection Equipment Cate Runkle 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) t'.S. Department of Homeland Security, Federal Emergenc% Management Aiency 8 19.2015 EM\1-2015-SS-00080 $80,998,000.00 Texas Office of the Governor Homeland Security Grants Di%ision (HSGD) No S2.000.00 $0.00 $0.00 $2,000.00 The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement im estments that build. sustain. and deliver the 3l core capabilities essential to achie►ing the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization. or community, but rather, require the combined effort of the whole community. https://egrants.gov.texas.gov'project/awardstatement.aspx?i2 project. awardstatement.aspx?i2 =4&i 1 9&gh 95 -8A -A8 -0C-4... 4/6/2016 Office of the Governor Page 1 of 1 Statement of Grant Award (SOCA) The Statement of Grant Award is your official notice of award from the Governor's Homeland Security Grants Di; inion (HSGD). The approved budget is reflected in the Budget Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements. Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas I'niform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees ►with the following conditions of grant funding. The grantee's funds w ill not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 2966701 11/13/2015 01 .01:'2016 - 06:30'2016 09 n28 n2016 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of FLIR Thermal Imaging Camera Cate Runkle 069457786 CFDA: 97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: U.S. Department of Homeland Security. Federal Emergency Management Agency 8 19-2015 EMW-2015-SS-00080 S80,998.000.00 Texas Office of the Governor Homeland Security Grants Div ision (HSGD) No S13,000.00 50.00 50.00 S13.000.00 The purpose of the 1-ISGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP prov ides funding to implement investments that build, sustain. and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization. or community. but rather, require the combined effort of the whole community . https:.'l egrants.gov,texas,goviproject.`aNN ardstatement.aspx?i? 4&i 1. 9&gh-CB-DE-BF-C3-... 4:6:2016 Office of the Governor Page 1 of 1 Statement of Grant Award (SOGA) The Statement if Grant Award i3 your official notice of award from the Governor's Homeland Security Grants Division (HSGD). The approved budget is reflected in the Budget. Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including. but not limited to. 2 CFR Part 200, Uniform Administratihe Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Nlanagement; and the Texas Uniform Grant Nlanagement Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions ofgrant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency : Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity, Name: Is the Award R& D: Federal/State Awa rd Description: 2966801 1113:2015 01.,01i2016 - 06 30 2016 09:/812016 HS -Homeland Security Grant Program (1-ISGP) Corpus Christi. City of Rescue Shoring Equipment Cate Runkle 069457786 Award Amount: Grantee Cash klatch: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (1 {SGP) U.S. Department of Homeland Security, federal Lmergen.y Management Agency 8 19 2015 E \ I \L -2015-S S-00080 $80,998.000.00 Texas Office of the Go%ernor Homeland Security Grants Di% ision (FISGD) No $21,500.00 $0.00 $0.00 $21,500.00 The purpose of the HSGP is to support state and local efforts to proent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build. sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building. sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather. require the combined effort of the whole community. https: `'egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1-9&gh=D 1 -53-4F-C2-E... 4162016 Office of the Governor Page 1 of 1 Statement of Grant Award (SOCA) The Statement of Grant Award is your official notice of award from the Governor's Homeland Securit} Grants Division (HSGD). The approved budget is reflected in the Budgei Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies, guidelines and requirement.;, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles. and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (1 'GMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient. the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo. the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 2966701 1 1 13.2015 01 01 2016 - 10 31 2016 01 29 2017 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Short Wave Radio Cate Runkle 069457786 CFDA: 97-067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entit) Name: Is the Award R&D: Federal.State Award Description: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: U S. Department of Homeland Security, Federal Emergency Management Agency 8 19 2015 EM -2015 -SS -00080 580,998,000-00 Texas Office of the Governor Homeland Security Grants Di\ ision (HSGD) No S4,500.00 50.00 50.00 54,500.00 The purpose of the 1-ISGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the I,.!nited Stales. The HSGP provides funding to implement investments that build. sustain, and deliver the 31 core capabilities essential to achiev ing the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization. or community, but rather, require the combined effort of the whole community, https:'/egrants.gov.texas.gov!projecrawardstatement.aspx?i2 -4&i 1 9&gh - 9A -98 -F0 -F2-2.., 4/6'2016 Office of the Governor Page 1 of 1 Statement of Grant Award (SOGA) The Statement of Grant Award is your official notice of aw and from the Governor's Homeland Security Grants Division (HSGD). The approved budget is reflected in the Budget Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including. but not limited to, 2 CFR Part 200, Uniform Administrative Requirements. Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project. agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 2966301 1110.2015 01'01 2016 - 11 30 2016 02.28 2017 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Bomb Squad X-ray Equipment Cate Runkle 069457786 CFDA: 97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: U.S. Department of Homeland Security, Federal Emergency Nianagement Agency 8 19 2015 EN! W-20 I 5 -SS -00080 $80,998,000.00 Teas Office of the Governor Homeland Security Grants Division (HSGD) No $42,145.51 $0.00 s0.00 $42,145.51 The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build. sustain, and deliver the 31 core capabilities essential to achiev ing the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building. sustainment, and delivery of these core capabilities are not exclusio a to any single level of government. organization, or community. but rather. require the combined effort of the whole community. https:/egrants.gov.texas.gov:project/awardstatemenl.aspx?i2-4&i 1 =9&gh=2A-2F-1 D-39-4... 4/6/2016 Office of the Governor Page 1 of 1 Statement of Grant Award (SOCA.) The Statement of Grant A44ard is your official notice of award from the Go%ernor's Homeland Security Grants Division (HSGD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrati'e Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management: and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: 2966401 11 10.2015 01 01 2016 11 30 2016 02 28 2017 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Bomb Squad Robot Upgrade Cate Runkle 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 8 19 2015 EMVt -2015-5S-00080 $80,998.000.00 Texas Office of the Go4ernor Homeland Security Grants Division (HSGD) No $70,000.00 s0.00 50.00 $70,000.00 The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic e4 ents and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement in%estments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building. sustainment. and delivery of these core capabilities are not exclusive to any single le%el of government. organization, or community. but rather, require the combined effort of the whole community. https: //egrants.gov.texas.govt'projectiawardstatement.aspx?i2=-4&i 1-9&gh- 10 -EF -AC -75-5... 4/612016 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 26, 2016 Second Reading Ordinance for the City Council Meeting of May 10, 2016 DATE: TO: March 31, 2016 Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize concession agreement with Mr. Carl Walker, owner of Whatchamacaller's Place, for a shoe shine service at Corpus Christi International Airport. CAPTION: Ordinance authorizing the City Manager or designee to execute a concession and lease agreement with Carl Walker DBA Whatchamacaller's Place for shoe shine services at Corpus Christi International Airport for a period of 12 months. PURPOSE: In the continuing effort to provide an exceptional service experience for passengers/customers at Corpus Christi International Airport (CCIA), Airport Staff is recommending an agreement for shoe shine services. BACKGROUND AND FINDINGS: Mr. Carl Walker, owner and operator of Whatchamacaller's Place, approached CCIA with a proposal to operate a shoeshine stand at the airport. Mr. Walker is retired from a lawn care business that he owned and operated for 13 years in Corpus Christi. His experience in the shoe care business dates back to 1957 in downtown Corpus Christi when he first shined shoes at the Ritz News Stand which was located right next to the Ritz Theatre. The proposed Concession Agreement is for one year so that Mr. Walker and CCIA can determine the level of demand for these services. For the first six months of the agreement, Mr. Walker will pay 5% of his gross revenues to the airport as "rent" for the space he will use. After a 6 -month review of his business to date, we will establish a minimum annual guarantee (MAG) that will be in place for the remainder of the term. For the last six months of the agreement, Mr. Walker will pay the airport the 5% or the established MAG, whichever is greater. The revenue generated from this concession is projected to be minimal but the primary intent is to provide an additional service to Airport customers. The shoeshine stand will be located on the first floor of the terminal. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-16 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,404,296 $8,404,296 Encumbered / Expended Amount 0 0 This item (additional revenue) 200 200 BALANCE $8,404,496 $8,404,496 Fund(s): Airport Fund Comments: None RECOMMENDATION: The Airport Board and Airport Staff recommend approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Concession Agreement Form 1295, Texas Ethics Commission Ordinance authorizing the City Manager or designee to execute a concession and lease agreement with Carl Walker DBA Whatchamacaller's Place for shoe shine services at Corpus Christi International Airport for a period of 12 months. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee ("City Manager") is authorized to execute a concession and lease agreement with Carl Walker doing business as Whatchamacaller's Place to operate a shoe shine service at the Corpus Christi International Airport for a period of 12 months. SECTION 2. The concession and lease agreement is effective upon approval of the City Council and execution by the City Manager. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor AGREEMENT FOR SHOE SHINE CONCESSION AND LEASE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT This CONCESSION AND LEASE agreement ("Agreement") is made and entered into by and between the City of Corpus Christi, a Texas municipal home -rule corporation ("City") acting through its City Manager or his designee ("City Manager") and Carl Walker, a sole proprietor doing business under the tradename "Whatchamacaller's Place" ("Concessionaire"). WHEREAS, the City owns and operates the Corpus Christi International Airport located in Corpus Christi, Nueces County, Texas ("Airport"); WHEREAS, the City has determined that the operation of a shoe shine concession ("Service") and associated lease of terminal space at the Airport is desired; and WHEREAS, the Concessionaire has offered to provide this Service at the Airport under the terms and conditions stated in this Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants expressed in this Agreement, the parties agree as follows: Section 1. Term. The term of this Agreement commences upon execution by the City Manager and continues for a period of 12 months, unless terminated earlier as provided in this Agreement. Section 2. Premises. In order for Concessionaire to provide the Service, the City leases to Concessionaire the necessary space inside the Airport terminal building, as shown in the floor plan attached as Exhibit "A" to this Agreement ("Premises"), the content of which exhibit is incorporated by reference into this Agreement as if fully set out in its entirety. The Director of Aviation or his designee ("Director") may relocate the Premises to a reasonably comparable location, upon 10 days advance written notice to Concessionaire, in the event such relocation is deemed necessary by the Director. Concessionaire agrees and acknowledges that one or more relocations may occur during the term of this Agreement. In the event a relocation of the Premises occurs, a new Exhibit "A" will be attached to and incorporated into this Agreement and is deemed to replace the previous Exhibit "A" without the necessity of a formal executed amendment to this Agreement. Section 3. Concession and Rental Fee; Payment; Books and Records. A. Concessionaire must remit a monthly concession and rental fee ("Rent") to the City during the term of this Agreement. Rent, as further delineated below, is either (1) a percentage of the gross revenues derived from operation of the Service conducted by Concessionaire under this Agreement, as follows: 5% of gross revenues, (2) is a fractional 1/12th share of an established minimum annual guarantee ("MAG"), to be set at Page 1 of 11 the beginning of the seventh month of the term of this Agreement, or (3) is the greater of 5% of gross revenues or the MAG, as may be applicable. B. "Gross revenues" as used in this Agreement means the aggregate amount of all sales made, money received, and Services performed by Concessionaire for cash or credit regardless of when and whether or not paid for by Concessionaire's customers and excludes federal and state taxes, including sales taxes where billed to the customer by Concessionaire as a separate item. C. For the first six months of this Agreement, Concessionaire share remit 5% of gross revenues as Rent. By the 10th day of the seventh month of the term, the amount of Rent paid for the previous six months will be averaged by the Director to establish a MAG amount for the remainder of the term of the Agreement, and the Concessionaire shall be promptly notified of the MAG amount. Rent due from the Concessionaire beginning with month seven and for the remainder of the term (a total of six months) will be 5% of gross revenues or the MAG amount, whichever is greater. D. Concessionaire must file with the Director on or before the 5th day of each month a monthly report of gross revenues for the previous month and pay the City its monthly Rent as stated in the report. This statement of gross revenues must be certified as to its truthfulness by Concessionaire. The City will provide the format required for monthly reporting, which Concessionaire must use. E. Concessionaire must keep true and accurate accounts, records, books, and data showing all gross revenues of its business. The City Manager or Director may, at all reasonable times, inspect and audit such accounts, records, books, cash registers (if any), and other data relating to Concessionaire's business to confirm Concessionaire's gross revenues as defined in this Agreement. Section 4. Concession and Premises Use. A. Concessionaire may use the Premises for the following purposes and no other use without the specific prior written permission of the Director: For the operation of a shoe shine stand. B. Concessionaire must furnish all equipment and tools necessary to perform the Services at the Premises. Any improvements to the Premises necessary to operate the concession must be provided to and approved by the Director prior to installation in the Airport. Title to all improvements constructed, installed, or attached to the Premises pass to the City upon the termination or expiration of this Agreement. Title to all trade fixtures, tools, equipment, and expendable goods furnished by Concessionaire at all times during the term of this Agreement remains with Concessionaire. C. Maintenance of Premises. Concessionaire must maintain the Premises in a clean condition at its sole expense. The Concessionaire shall provide for the adequate sanitary handling and disposal, away from the terminal, of all trash, garbage and other refuse caused as a result of the Services and operation of its business. Concessionaire shall provide and use a suitable covered metal receptacle for all garbage, trash and Page 2 of 11 other refuse generated on or in connection with the Premises. The piling of boxes, cartons, barrels, or other similar items on or about the Premises by Concessionaire is prohibited. As the Premises is located within the Airport terminal maintained by the City, any repair requests related to the Premises must be forwarded in writing to the Director upon observation by Concessionaire but in no event later than the end of the same business day. D. The Director may, at all reasonable times and without notice, enter upon the Premises to determine if satisfactory maintenance is being performed. If the maintenance does not meet the reasonable standards of the City, the Director will notify Concessionaire in writing. If corrective maintenance is not performed by Concessionaire within three days following receipt of written notice, the Director or the Director's agent may enter upon the Premises, perform the required maintenance, and charge the cost plus 10% administrative expense to the Concessionaire. If the required corrective maintenance is a safety issue, the three-day written notice is waived, and the corrective maintenance to be performed must be com-pleted immediately upon oral or written notification to the Concessionaire. E. Concessionaire must present a clean and neat personal appearance and provide courteous and efficient Service to Airport customers. Concessionaire is prohibited from using obscene language and from personally acting or conducting Services in a loud, boisterous, or otherwise unprofessional manner. F. Concessionaire's Work Schedule for Services. For the first six months of the Agreement, Concessionaire may exercise flexibility in determining the number of hours and day(s) each week to provide Services based on pedestrian `traffic' in the terminal, peak business times, and seasonality of travel by passengers; however, in no event, may the number of hours in which Services are provided be less than one hour each week. Concessionaire may not arrive at the Premises any earlier than one and one-half hours before the first arrival or departure of any airline on a given day, whichever occurs earlier in time, nor may remain in the terminal any later than one hour after the last arrival or departure of any airline on a given day, whichever occurs later in time. At the end of the first six months of the Agreement, Concessionaire must establish regular work days and hours during which Services will be provided and submit a written copy of the schedule to the Director, such schedule being subject to the final approval of the Director based on the business needs of the Airport. The schedule must be submitted by Concessionaire no later than the third business day of the seventh month, and such schedule will become effective on the day following written acceptance by the Director. In the event changes to any approved schedule are desired by either party during the remaining period of the Agreement, the parties shall meet to mutually discuss and resolve any requested schedule changes and commit the changes, if any, to a signed writing. G. Quality; Reasonable Price for Services. In entering into this Agreement, the City has foremost in mind the traveling public with quality commodities and services at a reasonable price. To accomplish this, Concessionaire must provide quality Services at competitive prices. Exhibits B and C, which are attached to this Agreement, include the equipment and prices Concessionaire will provide and charge, respectively, to Page 3 of 11 produce the Services and such exhibits are incorporated by reference as if the content were set out here in its entirety. Concessionaire may adjust its prices upon 60 days advance written notice to the Director, with the Director's concurrence to such concession changes not to be unreasonably withheld. H. Operational Costs. Concessionaire must pay for all costs of operating under this Agreement including, but not limited to, maintenance of the Premises, insurance, supplies, and the payment of all taxes, permits and licenses required by law.• I. Laws, Ordinances, Rules, and Regulations. Concessionaire shall observe and obey all federal, State, and local laws, rules, and regulations which are applicable to its operation at the Airport. The Director may adopt and enforce reasonable rules, regulations, and directives with respect to the use of the Airport, terminal building, and related facilities, which Concessionaire agrees to obey and observe. Section 5. Cancellation and Termination by the City. Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Agreement, this Agreement may be terminated by the City if Concessionaire: (a) Is in arrears in paying the rent, fees, or other charges due under the Agreement for 10 business days following written notice from the City; (b) Makes a general assignment for the benefit of creditors or if a proceeding in bankruptcy, receivership, or insolvency of any nature is instituted by or against Concessionaire, then the City may, at its option, cancel this Agreement; (c) Abandons the Premises ["abandon" shall mean failing to provide Services at the Premises for a period in excess of 10 days]; or (d) Otherwise defaults in the performance of any other material covenant of this Agreement and continues the default for 10 days, or such other time as may be provided herein, after receipt of written notice from the Director of the default. If the default cannot reasonably be cured within said 10 days or within any other time as set out in the notice of default, Concessionaire shall not be deemed in default if Concessionaire commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion within a reasonable time period as agreed to by the Director; otherwise, Concessionaire will be determined to be in default. Section 6. Cancellation by Concessionaire. Without limiting any other rights and remedies to which Concessionaire may be entitled by common law, statutory law, or as elsewhere provided in this Agreement, this Agreement may be terminated by Conces- sionaire at any time upon the occurrence of one or more of the following events: (a) The City's permanent abandonment of the Airport; Page 4 of 11 (b) The lawful assumption by the U. S. Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or of any substantial part or parts thereof, which substantially restricts the Concessionaire from operating at the Premises for a minimum of 180 calendar days; (c) The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 180 days; or (d) The default by the City in the performance of any covenant or obligation to be performed by the City and such failure to remedy the default continues for a period in excess of 10 days after receipt from Concessionaire of written notice to remedy the same. Section 7. Right to Amend. If the FAA or its successor agency requires modifications or amendments to this Agreement as a condition precedent to the granting of funds to the City for Airport improvements, Concessionaire agrees to consent to the modifications or amendments to the Agreement as may be reasonably required, provided, however, Concessionaire will not be required to pay any increased rent, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Concession- aire and Airport have fully executed an amendment to this Agreement that is mutually satisfactory to both parties regarding any terms or conditions of this Agreement affected by said actions of the FAA. Section 8. Subordination to US/FAA Requirements. This Agreement is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the ex- penditure of federal funds for the development of the Airport. If the effect of said agree- ment(s) with the United States, either under this Section 8 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Agreement shall terminate immediately without any further obligation on part of City to Concessionaire. Section 9. Security. Concessionaire, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Concessionaire covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Con- cessionaire, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Concessionaire. Section 10. Nondiscrimination/Affirmative Action. A. Nondiscrimination—General. Concessionaire for itself, and as a requirement for any sublessee, and their personal representatives, successors in interest, and assigns, as a Page 5 of 11 part of the consideration of this Agreement, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Concessionaire will cause to the best of its ability the Premises and improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. Concessionaire for itself, and as a requirement for any sublessee, agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach. If the Concessionaire is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate this Agreement, including the concession and lease of the Premises. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Concessionaire shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Concession- aire shall provide similar assurances to Concessionaire to undertake affirmative action programs and to require assurances from their sub -organizations, as required by 14 CFR Part 152, Subpart E. Concessionaire, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. Page 6 of 11 Section 11. Acceptance of Premises Disclaimer. CONCESSIONAIRE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS, WHERE IS" IN ITS PRESENT CONDITION WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. CONCESSIONAIRE ACKNOWLEDGES AND AGREES THAT CONCESSIONAIRE 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 THE CONCES- SIONAIRE INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS AGREEMENT IS SUBJECT TO ALL COVENANTS, EASE- MENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. Section 12. Fiscal Year. By execution of this Agreement, Concessionaire acknow- ledges that the continuation of this Agreement or any concession and lease contract with Concessionaire after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the City Council for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to Concessionaire that a budget item providing for this Agreement or any other concession and lease contract in any future fiscal budget will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. Section 13. City's Obligations. A. City agrees to operate the Airport as a public airport during the term of this Agree- ment, subject to the assurances given by the City to the United States Government. B. In exchange for Concessionaire's promise to maintain the Premises on a regular basis and subject to sufficient annual appropriations in the City's annual Airport budget, the City agrees to pay utility usage charges for electricity supplied to the Premises during the term of this Agreement. Concessionaire must procure and pay for all other utility usage, such as gas, wastewater, cable, Internet, and telephone charges, if applicable, that are supplied to the Premises during the term of this Agreement as the charges become due and payable. IN NO EVENT WILL THE CITY BE LIABLE TO CONCESSIONAIRE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY UTILITIES TO THE PREMISES, INCLUDING THOSE WHICH THE CITY HAS AGREED TO FURNISH. Section 14. Insurance. Concessionaire must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out in the attached Exhibit C, the content of which is incorporated into this Lease as if set out herein in its entirety. Concessionaire must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Page 7 of 11 Manager not less than 30 days prior to the annual anniversary date of the Effective Date of this Lease. The Risk Manager will annually assess the level and types of insurance required by the Concessionaire. The Risk Manager may increase or decrease the level or types of insurance by giving Concessionaire notice not Tess than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Concessionaire shall have 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director and Risk Manager. Section 15. Indemnification. A. CONCESSIONAIRE SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT WITNESS FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR PARTY. CONCESSIONAIRE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM OR OUT OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF CONCESSIONAIRE UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. B. Notice of Claim or Action. Notwithstanding the above indemnifications, Concession- aire must give the Aviation Director and Risk Manager written notice of any accident or Page 8 of 11 other matter covered under this section and forward to the Aviation Director and Risk Manager copies of every notice, demand, claim, summons, or other process communi- cation received within 10 days of Concessionaire's receipt of same. Section 16. City's Right to Entry upon Termination. If the Agreement is terminated, the City may enter upon the Premises. In the event of termination, the Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Concessionaire. Excluding any personal property owned by the City that may be provided at the Premises by the City, all personal property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Agreement, any and all exemption laws are hereby expressly waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given, or which may be given, to City but is in addition thereto. In the case of termination of this Agreement by either party, if Concessionaire fails to remove any of its furniture, fixtures, equipment, or other personal property from the Premises within ten (10) days following the termination of this Agreement, the Director may, at his option, take title to said personal property, remove the same, and sell the property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. To the extent allowed by law, Concessionaire further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any Toss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of the City or its employees. Section 17. Notice of Termination. If an event of material default occurs, and after due written notice the defaulting party has failed to cure or failed to commence to cure, the complaining party may, at any time after the expiration of any such cure period, terminate this Agreement by providing written notice of termination to the defaulting party. The Agreement will be terminated on the date specified in the notice but not sooner than ten (10) business days after the postmarked date of the notice. Section 18. Notices. A. With the exception of notices to be provided to the City under the indemnification provisions of Section 15 of this Agreement, all notices required to be sent under this Agreement are deemed sufficient if in writing and sent by (1) certified mail, return receipt requested, postage prepaid, (2) by overnight delivery service with proof of delivery, or (3) delivered in person, and properly addressed as below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 Page 9 of 11 If to Concessionaire: Carl Walker 4822 Blackjack Place Corpus Christi, TX 78416 B. Either party may change the address to which notice must be addressed under this section by providing the other party with notice of the new address under any of the methods set out in this section. Section 19. Disclosure of Interest. The City's Code of Ordinances, Section 2-349, as amended, requires all persons seeking to do business with the City to complete and provide a "Disclosure of Interest" form of the type attached to this Agreement as Exhibit E. The content of the completed Exhibit E by Concessionaire is incorporated into this Agreement by reference as if fully set out in this section. Concessionaire is obligated to provide an updated Disclosure of Interest should any information submitted in Exhibit E and incorporated into this Agreement by reference change prior to approval of the exe- cution of this Agreement by the City Council. Concessionaire must also ensure that it complies with the requirements of the Texas Ethics Commission and files Form 1295 and also complies with the provisions of Chapter 176 of the Texas Local Government Code and files a Conflict of Interest Questionnaire if required to do so. More information on this requirement may be found by accessing the City's website. EXECUTED IN DUPLICATE ORIGINALS this day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: Elizabeth Hundley, Assistant City Attorney for the City Attorney Page 10 of 11 CONCE1SSIONAIRE: Carl Walker, doing business as Whatchamacaller's Place F i Carl Walker Date: /7/74':- i :/ ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on IACI,14I ) , 2016, by Carl Walker. o ary Public, tate of ATTACHED AND INCORPORATED BY REFERENCE: Exhibit A — Premises Exhibit B — Equipment Exhibit C — Services Pricing Exhibit D — Insurance Requirements; Release and Covenant Exhibit E — Disclosure of Interests, completed form DIANA CASAREZ My Commission Expires April 26, 2016 Page 11 of 11 H1l A EXHIBIT B Equipment List — Whatchamacaller's Place — CCIA Terminal Shoe Shine Stand 2 chairs One stool One trash can Dust Pan One coat rack One floor mat EXHIBIT C Service Price List — Whatchamacaller's Place — CCIA Terminal Mens Shoes and Boots Calf Skin Shoes Regular Shine $6 Cowboy Boots -Wellington Boots $8 Belts — Wallets Plain Finish $4 Designer Belts — Designer Wallets $6 Alligator — Snake Skin — Lizard — Ostrich Shoes $8 Alligator — Snake Skin — Lizard — Ostrich Boots $10 Suede — Buckskin Shoes $10 Nubuck Cowboy Boots — Wellington Boots (Suede) $12 Sole Dressing $2 Boots — Shoes — Two Tone Extra Variable based on Color Ladies Shoes and Boots Shoes (Dress) Smooth Skin (one color) $3 High Tops or Ankle Tops $6 Above the calf $8 Two Tone Extra Variable based on Color Alligator — Snake — Lizard — Ostrich Skin Shoes $5 Alligator — Snake — Lizard — Ostrich Skin Boots $10 Suede — Nubuck Shoes $8 Suede — Nubuck Over the calf Boots $14 Belts & Wallets $4 Designer Belts & Wallets $6 Shoulder Bags, Handbags Variable based on Size and Color EXHIBIT D INSURANCE REQUIREMENTS I. CONCESSIONAIRE'S LIABILITY INSURANCE A. Concessionaire must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Concessionaire must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Concessionaire must furnish to the City's Risk Manager and Director of Aviation within five days of the execution of the contract one (1) 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 listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Concessionaires 6. Personal Injury- Advertising Injury $300,000 Per Occurrence AUTO LIABILITY (including) 1. Owned and Non -Owned State of Texas minimum limit: $30,000/$60,000/$25,000 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability For Paid Employees Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Concessionaire must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Concessionaire 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Concessionaire is not domiciled in the State of Texas. B. Concessionaire shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Concessionaire'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. Concessionaire shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 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. Concessionaire agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Concessionaire shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Concessionaire'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 Concessionaire'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 Concessionaire to stop work hereunder, and/or withhold any payment(s) which become due to Concessionaire hereunder until Concessionaire demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Concessionaire may be held responsible for payments of damages to persons or property resulting from Concessionaire's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Concessionaire'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 Aviation Shoeshine Concessionaire Lease Agreement 8/3/2015 ds Risk Management RELEASE OF LIABILITY AND COVENANT NOT TO SUE STATE OF TEXAS COUNTY OF NUECES § This RELEASE OF LIABILITY AND COVENANT NOT TO SUE (the "Release") is executed on the date indicated below and is entered into for the purpose of releasing the City of Corpus Christi and its officers, officials, employees, representatives, agents, and volunteers (collectively, the "City") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by CARL WALKER in providing services to the City, which is the subject of the attached contractual agreement ("Agreement") between CARL WALKER and the City. I, Y / )///c//Cer , in exchange for the City allowing me to forego the condition of providing a workers' compensation insurance policy as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1. I acknowledge that I, individually, employ no other employees or workers other than myself. I covenant that I will not enter into an employer-employee relationship with any individual or individuals during the term of the Agreement. I acknowledge that the capa- city in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. I further understand that, as an indepen- dent contractor, I will receive no worker's compensation benefits, health benefits, disability benefits, nor other insurance benefits which might be available to full-time employees of the City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for any medical services that I may require during the term of the Agreement. 2. I understand that I will participate in this Agreement at my own risk and hereby release, waive, and in all ways relinquish any and all present and future claims against the City which I, my heirs, successors, assigns, or any other person or entity (as used hereinafter collectively, "I") may assert, have, or acquire as a result of any injury, death, property damage, or loss whatsoever to myself or my personal property arising out of, resulting from, or in any way connected with my participation in the Agreement between myself and the City. 3. I hereby so release, waive, and relinquish any and all such claims, and I further covenant not to claim against or sue the City for any such claim, loss, damage, or ex- pense regardless of whether the same may arise or result from or be caused by the negligence or gross negligence of the City. 4. I acknowledge and understand that there may be risks involved in participating in the Agreement. I voluntarily and knowingly assume any and all such risks, whether known or unknown to me, and will rely solely on myself and not the City in determining what those risks are. 5. I acknowledge that my services under the Agreement may occur on real property located in the city of Corpus Christi, Nueces County, Texas, and that may be owned, leased, controlled, or managed by the City. Further, I acknowledge that my services under the Agreement may be performed with tools, equipment, and other personal property owned, leased, controlled, or managed by the City. By execution of this Release, it is my express intention to completely absolve the City of all potential liability caused by, arising out of, or incident to my performance of services on City real property and that may be performed with tools, equipment, or other personal property of the City. 6. I desire and agree that this Release shall apply to any and all activities during or in any way connected with my participation in the Agreement and my performance thereunder. 7. I agree that this Release shall be governed by and enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas, where this Release was executed and the services I render will be performed. 8. I hereby acknowledge that I have carefully read the foregoing Release of Liability and Covenant Not to Sue and, intending to be legally bound, accept and agree to each of its terms by my execution of this Agreement below. EXECUTED IN DUPLICATE, each of which is A onsidered to be an original instrument, on this the, 2gbaday of�Cvt c , 2016. ddAlZidzia CARL WALKER STATE OF TEXAS § COUNTY OF NUECES § Sworn to and subscribed before me on the by Carl Walker. u ' �ptAN a 4 ` DIANA CASAREZ , _My April 26,6 2016 Expiresisson Dielememeemep rk day of low , 2016, Nota ublic, State of Texas , SUPPLIER NUMBER TO BE ASSIGNED BY CITY = PURCHASING DIVISION civ City of Corpus Christi EXHIBIT E CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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, Certification and Definitions. f COMPANY NAME: WA Z (t' 1 X1/77 e7�rrl! c 'S: P& STREET ADDRESS:ll ) P.O. BOX: CITY: ��Y p0% rill Y15.6 STATE: K4 ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name A/)i 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 NIJ Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 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: Signature of Certifying Person: Y W?7//(3C a Zdzao Title: Date: DEFINITIONS Z -/V1/17 (/)(,/i c1.2,92 a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g• "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-36979 Date Filed: 04/07/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Whatchamacaller's Place Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. xxx Shoe Shine Services to customers at the Airport 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ( -- ' (c' 1, W e -1 ' 41` DIANA CASAREZ My Commission Expires ^� April 26. 2016 4 IC '' 11 ( I AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said j 1,17 to certify which, witness my hand Signature of authorized agent of contracting 0,1_ V)(\...\) L.A, this the i business entity �' . — day of and seal of office. (/�� � f� f (\�f �/) f>\�� I ,i¢ _ �. ' S ♦� V `. j,1 �� • {{ 6 M1` 3.. �y'1 ri �'t �'\� 4�. �1 �. �{ fl`=- d.., i ilrtl : d K ^/.d . �J+1 1/��4,�pp11yy ((�e��\` j{��\� 4 ury ' 1 \ Wu? Signature of officer administer'h Printed name ofoofficer administering oath Title of offic r adrri nisteriNg oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 AGENDA MEMORANDUM First Reading at the City Council Meeting of April 26, 2016 Second Reading at the City Council Meeting of May 10, 2016 DATE: April 8, 2016 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Sale of Foreclosed Properties CAPTION: Ordinance authorizing the sale of 112 properties, as shown on the attached and incorporated "2016 Resale Auction List", at a tax resale auction with opening bids of not less than 20% of the most recent tax appraisal value. PURPOSE: The purpose of this agenda item is to authorize the sale of 112 foreclosed properties at a tax foreclosure auction to be held on June 4, 2016. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed upon due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County, in turn, has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. If not sold at the auction, the law firm will then solicit written bids for these "Struck Off" properties and will bring any future resale offers before the taxing entities for their consideration at that time. At the present time, there are approximately 250 properties on the Nueces County Resale List. The law firm has reviewed the inventory of tax resale properties in Nueces County and has identified 112 properties for which no offers are pending. As in prior years, these properties are offered for sale at a public auction at the Nueces County Courthouse with a reduced opening bid. The tax foreclosure auction is scheduled for June 4, 2016 with opening bids listed in Exhibit A. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The list of sale properties received from the law firm contained 112 properties. Each of the 112 properties was reviewed by Engineering, Housing and Community Development, and Parks and Recreation for potential City use. No properties were identified. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: This item is not an emergency and is scheduled for approval in two readings. DEPARTMENTAL CLEARANCES: • City Attorney's Office • Engineering • Housing and Community Development • Parks and Recreation FINANCIAL IMPACT: x Not Applicable (until property is sold) ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget- - - - Encumbered/Expended amount of (date)- - - - This item- - - - BALANCE - - - - FUND(S): COMMENTS: If any of the properties are sold at the tax foreclosure auction, then the City of Corpus Christi will receive its share pursuant to the property tax code, including a pro rata share of the outstanding liens owed to the City. Once payment is made, then the liens will be released on those properties. RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A: Tax Resale Property List Exhibit B: Tax Resale Letter Ordinance authorizing the sale of 112 properties, as shown on the attached and incorporated "2016 Resale Auction List", at a tax resale auction with opening bids of not less than 20% of the most recent tax appraisal value. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Pursuant to Section 34.05 of the Tax Code, the City Council authorizes the sale of 112 properties, as shown on the attached and incorporated "2016 Resale Auction List", at a tax resale auction to be conducted on or about June 4, 2016, with opening bids for all properties at an amount not less than 20% of the most recent tax appraisal value. The Resale Property List is attached to this ordinance as Exhibit A, the content of such exhibit being incorporated by reference in this ordinance as if fully set out here in its entirety. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael T. Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael T. Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER SUIT NUMBER DEFENDANT NAME LEGAL DESCRIPTION DEED OILED TOTAL., ©ASE "fAX DUE CITY P & D LIONS DUE PROPERTY VALUE OPENING 1311)ACCOUNT NUMBER TYPE OF PROPERTY LOCATION UNRECORDED, OUT OF ['ARIAS GRANT 95 06-3802-E JAMES C MARTIN ABSTRCT 592 04/10/15 3,521,01 0.00 512,882 82,580 2385-0026-0242 VACANT LOT 4548 SIIARPSBURG 0,291 ACRD OUT OF SHARES \'Il & IX, C.C. 96 09-1210-E HAROLD E BROOKS HART PARTITION, SUR 304, ABSTRACT 808 04/10/15 2,367,32 0.00 57,925 51,590 3267-0009-0210 VACANT LOT 11549 11-1.37 SOUTH 2,0071 ACRES OUT 00 LOTS 83 & 84 97 08.4291-A E. 13. STL/PLIENS CALALLEN IRRIGATION GARDENS 08/06/15 6,409.03 0.00 830,000 $6,000 1215-0000-0830 VACANT LOT 5745 RIVER LANE 98 85-6479-E WILLIE JOSEPH ROBERTS LOT 16 BLOCK 1 CITIZENS ADDITION 08/27/92 1,023,40 18,412.70 $5,800 SI,160 1593-0001-0160 VACANT LOT 1517 LEXINGTON AVE 99 03-7017-I' W.6.13EALE LOT 21 BLOCK 7 MIDWAY ADDITION 05/18/06 1,630.71 1,409,95 $10,000 52,000 5175-0007-0210 VACANT LOT 2037 HUDSON 100 08-1930-11 RAYMOND 13. JONES LA -1. 26 BLACK 2 MANCHESTER PLACE 07/16/10 5,061.30 6,455,41 88,731 81,750 4740-0002-0260 VACANT LOT 1002 MANCHESTER AVIS 101 09-3555-11 ROBERT VILLARREAL LOT 2 BLACK 4 SUTHERLAND ADDITION 07/12/11 1,964.45 0.00 54,037 S810 8649-0004-0020 VACANT LOT 1626 CALDWELL 102 03-1971-13 FERNANDO GARCIA 111 LOT 5 BLOCK 9 JONES ADDITION 11/09/11 12,569.81 806.56 519,500 53,900 3795-0009-0050 VACANT LOT 1520 MESTINA 103 08-5972-E MARTHA W ILBURN LOT 14 BLOCK 6 SOUTHWEST HEIGHTS 12/15/11 5,041.88 9,245.61 520,560 $4,120 8299-0006-0140 HOUSE AND LOT 2522 SARITA 104 08-5353-C FRANK I. MARTINEZ LOT 5 BLOCK 2 MANCHESTER PLACE 01/10/12 7,560,83 6,216.22 558,566 511,720 4740-0002-0050 HOUSE AND LOT 1 130 MANCHESTER 105 09-4839-13 VICTORY GOSPEL INT'L LOT 20 BLOCK "13" REYNOLDS ADDITION 04/17/12 7,98244 18,866.50 $26,061 S5,220 7193-0002-0200 HOUSES AND LOT 2929 CARVER 106 09-4839-13 VICTORY GOSI'EI_, IN'IT.. 1,01 19 BLOCK "13" REYNOLDS ADDITION 04/17/12 5,064.53 1,112.35 829,521 $5,910 7193-0002-0190 HOUSE AND LOT 2925 CARVER 107 08-5261-13 FRANK BARNES LOT 9 BLOCK 4 CARVER ADDITION 06/08/12 5,744.72 6,118.52 $5,008 51,010 1390-0004-0090 VACANT LOT 2746 SOLEDAD 108 09-1978-C EVA G I'EREZ LOT 29 BLOCK 4 LA ARBOLEDA ADDITION 06/08/12 4,626.65 17,840,70 S5,008 51,010 4032-0004-0290 VACANT I..OT 2529 WAINWRIGHT 109 08-4933-C MARIA DE LA ROSA LOT 27 BLOCK 5 LA ARBOLEDA ADDI'rloN 08/10/12 5,276.83 8,994.89 85,008 51,010 4032-0005-0270 VACANT LOT 2521 MONTGOMERY 110 09-1558-F JOSE AYALA LOT 12 BLOCK 8 CASA I3LANCA ADDITION 11/14/12 5,422.27 6,555.49 55,008 51,010 1396-0008-0120 VACANT LOT 3210 MAC ARTHUR 11 1 09-3605-G CHARLES SANOLIN LOT 1 BLOCK 15 MEADOW PARK ADDITION 11/14/12 2,669.17 16,54043 59,375 51,880 5000-0015-0010 VACANT LOT 245 OSAGE ST 112 09-2023-C I STEI3AN DI.: LEON LOT 22 BLOCK 2 LA ARBOLEDA ADDITION 02/08/13 12,812.21 0.00 544,581 58,920 4032-0002-0220 HOUSE AND LOT 2634 NIMITZ Lar 23 BLACK 4 HIGH TERRACE 113 09-5958-0 MINERVA RODRIGUEZ SUBDIVISION 02/08/13 2,200.63 7,545,43 55,000 SI ,000 3380-0004-0230 VACANT LO -T 2613 GOLIAD 20I0DCV- LOT 9 BLOCK 2 CASA BLANCA ADDITION 114 5364-G LAURO QUINTANILLA TO CORPUS CHRISTI 02/08/13 1,480.11 13,551.00 55,040 51,010 1396-0002-0090 VACANT LOT 3218 GREENWOOD DR 2010000- 115 5352-0 PATRICIA COLLIER 1,0'1' 11BLOCK I EL REY ADDITION 03/18/13 2,037,14 4,314.08 S7,000 SI 400 2277.0001-0110 VACANT LOT 3018 SABINAS 116 06-5158-A THREE S. TRUST LOT I I, BLOCK 5, TIERRA ALTA ADDITION 04/05/13 7,678.38 16,074.65 58,750 51,750 8764-0005-0110 VACANT LOT 913 23RD STREET 117 10-3489-13 ELPHIE 0, R013L3INS NE 50 FT OF LOT 20 AND SE 25 FT 00 LOT 19, BLOCK 8, LEXINGTON ESTATES 04/05/13 6,263.86 5,753,21 514,344 52,870 4403-0008-0200 VACANT LOT 5009 CARROLL LN 118 08-4931-F ROSA GONZALES LOT 11 BLOCK 49 BLUFF PORTION 06/11/13 4,726.56 982,40 511,914 52,390 0797-0049-0110 2 HOUSES AND LOT 906 N ALAMEDA ST 119 08-5864-C RICHARD WAYNE DOSS LOT 34 BLOCK 7 WESTGATE HEIGHTS 07/10/13 8,040.66 4,797.00 89,798 SI ,960 9475-0007-0340 VACANT LOT 3417 WELLINGTON DR 20!! DCV- TILE EAST ONE-HALF OF LOT 4, BLOCK 7, 120 4129-I' E. L. LAIRD PAUL COURT PLAN OF LOTS 07/10/13 1,228.71 9,417.82 53,139 8630 6463-0007-0045 VACANT LOT 300 BLOCK OF COKE ST 201 I DCV- LOTS I, 2 AND 3, BLOCK 17, HILLCREST 121 2153-1) JAMES R. BROWNELL ADDITION 08/14/13 6,783,11 20,612.11 57,800 SI,560 3443-0017.0010 HOUSE AND LOT 1503 STILLMAN AVE 20!! DCV- THE SOUTHEAST 67.46 FEET OE 1.0.1' 16, 122 2179-0 SUSANA PUENTE BLOCK 6, 1/L REY ADDITION 08/14/13 1,113.86 19,213.00 53,575 S720 2277-0006-0165 VACANT LOT 3001 GREENWOOD DR Linebarger Goggan Blair Sampson, LLP Page 1 of 5 V II9IHX3 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER surr NUMBER DEFENDANT NAME LEGAL DESCRIPTION DEED FILED TOTALBASE TAX DUE CITY P Sz. D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE OF PROPERTY LOCATION 123 00-2517-0 WILL HAVEN ESTATE 0,07 ACRE IN BLOCK (6, BLUFF PORTION 10/11/13 1,783.84 3,035.44 52,540 S510 0797-0060-0030 VACANT LOT 1110 WINNEBAGO ST (24 03-5570-1) DELMA 0 MARROQUIN LOT 30 BLOCK 4 WINDSOR PARK 12/09/13 • 19,141,96 402,43 525,728 55,150 9764-0004-0300 HOUSE AND LOT 754 LANSDOWN DR LOTS 4, 5, 20 & 21 BLOCK SE 1/4 13 COLONIA 125 08-4151-C LESTER JOHNSON MEXICANA 02/06/14 7,097,83 37,613,93 53,125 S630 1695-0006-0040 VACANT LOT 1416 SAN PEDRO 2011 DC V- EAST /2091LOT 22 & WEST 6 FT 09 LOT 23 126 2148-0 MINNIE TINKLE BLOCK 10 SOUTHMORELAND ADDITION 02/06/14 1,099.41 10,564.02 55,424 51,090 8284-0010-0225 VACANT LOT 140 WATSON 201 I DCV - 127 2180-13 GLORIA LOPEZ LOT 2 BLOCK 1 TOM PRICE ADDITION 02/06/14 849,53 18,391.48 55,000 51,000 7038-0001-0020 VACANT LOT 2938 SONORA LOT 16 BLOCK 3 SAN PEDRO ADDITION TO 128 09-5361-D ANTONIO 1' R(3BIO CORPUS CHRISTI 03/06/14 1,774.30 498,66 53,125 5630 7634-0003-0160 VACANT LOT 713 DOLORES ST LOT 49 BLOCK 3 SAN PEDRO ADDITION '10 129 09-53614) ANTONIO T RUBIO CORPUS CHRISTI 03/06/14 1,793.69 5,132,71 53,125 5630 7634-0003-0490 VACANT LOT 710 FRANCESCA ST 201 ODCV- 130 4534-0 ROBERT I HARPER LOT 6 PHILLIPS 66 SUBDIVISION 03/06/14 8,502,10 32,316,96 526,865 55,380 6735-0000-0060 VACANT LOT 2427 FRANCIS 131 09-5381-9 OSCAR GALLEGOS LOT 11-2 PRIOUR TRAcr SUBDIVISION 04/07/14 4,214,71 0.00 56,667 51,340 7048-0000-0082 VACANT Lar 1904 COMANCHE 132 09-5381-F OSCAR GALLEGOS LOT LI -3 PRIOUR TRACT SUBDIVISION 04/07/14 7,840.54 0,00 S13,558 52,720 7048-0000-0083 BUILDING AND LOT 1906 COMANCHE 133 09-5381-9 OSCAR GALLEGOS LOT G PRIOUR TRACT SUBDIVISION 04/07/14 4,200,24 0,00 510,094 52,020 7048-0000-0310 VACANT LOT 1908 COMANCIIE 20121)CV- 134 3177-F LORENE MYRTLEDOVE LOT 13 BLOCK 6 NUKES BAY HEIGHTS 05/07/14 5,680.27 18,290.19 56,000 51,200 5820-0006-0130 VACANT LOT 1712 PALM DR 20131)CV- THE SOUTH 1/2 OF LOT 3 BLOCK. 19 (35 1428-1) HUMBERTO GONZALEZ MEADOW PARK ADDITION 05/07/14 2,149.42 9,560,24 S4,219 S850 5000-0019-0030 VACANT LOT 337 VIRGINIA 136 10-1802-A LUCIANA SOSA LOTS 14 AND 15 BLOCK 5 SEIKEL ADDITION 06/06/14 4,864,33 9,545,77 56,250 51,250 7891-0005-0140 VACANT LOT 705 ELESA 2011 DC9- LOTS 18 AND 19 BLOCL 10 BAY TERRACE 137 2163-A TELESPORO BARRERA ADDITION 06/06/14 2,246.19 9,444,10 59,156 51,840 0480-0010-0180 VACANT LOT 908 i ('111 ST LOT 34 BLOCK 6 HIGH TERRACE 138 10-1777-C CANDELARIO MARINES SUBDIVISION 07/21/14 5,742,78 0,00 528,939 S5,790 3380-0006-0340 HOUSE AND LOT 2508 GOLIAD DR 2011DCV- 139 1405-11 DR. WILLIAM CARL1NE 52 ET. (3Y97 FT, ouT OF 1.11, DREYER TRACT 07/21/14 6,939.79 1,361,93 524,492 54,900 7589-0000-0040 BUILDING AND LOT 1211 N. SAM RANKIN 140 86-2058-11 DELFINO EREVIA Dar 19 BLOCK 8 CLUI3 ESTATES UNIT 3 08/13/14 30,089.87 11,150.75 $32,927 56,590 1650-0008-0190 VACANT LOT 4910 DUSTY DAWN RD 2011 DCV- PART 09 FRACTIONAL BLOCK 1702 13AY 141 2156-A CATHERINE MCKENNEY TERRACE NO. 2 ADDITION 08/13/14 2,800.52 273.79 58,139 51,630 0481-1702-0010 FRACTIONAL LOT 1500 BLOCK I9TH ST 20121)CV- 142 4402-9 JOSE ATKINSON LOT 6 BLOCK 711 E LUTER PARTITION 08/13/14 568.46 3,444.35 S2,875 5580 4625-0007-0060 VACANT LOT 2022 MARY ST 143 09-3631-E GLINT CARTER 1.01 (7 BLOCK 1 WILBURN ADDITION 09/15/14 2,393,97 5,88455 51,589 5320 9640-0001-0170 VACANT LOT 2014 HOWARD ST 20101)CV- 144 5683-A A CORINACOLEMAN LOT 27 BLOCK 3 CARVER ADDITION 09/15/14 4,876,11 14,675,02 55,008 51,010 1390-0003-0270 VACANT LOT 2805 GUADALUPE 2011DCV- 145 2134-G EUDELIA KRUMMEL Tom 5 AND 6 BLOCK 7 STEELE ADDITION 09/15/14 2,521.28 9,298.41 58,438 51,690 8409-0007-0050 VACANT LOT 2421 MARGUERITE 201 IDCV- (46 4130-E BLASA MEDINA LOT 49 BLOCK 1 LA PALOMA ADDITION 09/15/14 1,478.54 7,416,29 52,961 5600 4062-0001-0490 VACANT an 1132 SABINAS 2012DCV- 147 3755-13 DOROTHY BARNES LOT 18 BLOCK 9 OAK PARK 09/15/14 5,686,14 9,596.69 510,850 S2,170 5938-0009-0180 VACANT LOT 825 ERWIN AVE 20121)C9- 148 4409-A HAL FORAKER LOT 15 BLOCK 2 CITIZENS ADDITION 09/15/14 1,920,25 8,197.45 55,800 51,160 1593-0002-0150 VACANT LOT 1713 LEXINGTON AVE 20121)n/- 149 4409-A HAL FORAKER LOT 5 BLOCK 1 SHORELINE PARK 09/15/14 1,994.43 6,929,35 55,600 51,120 8013-0001-0050 VACANT LOT 1919 LEXINGTON AVE 150 91-1152-11 HECTOR BOTELLO LOT 20 BLOCK 2 BRECKENRIDGE UNIT 2 10/20/14 29,341.42 0,00 5125,531 525,110 0943-0002-0200 HOUSE AND LOT' 4721 SIERRA 1.3LANCA Linebarger Goggan Blair Sampson, LLP Page 2 of 5 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 I'T'EM NUMBER sun. NUMBER DEFENDANT NAME LEGAL DESCRIPTION DEED PILED TOTAL BASE 'FAX DUE CITY P K D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE 00 PROPERTY LOCATION 2011DCV- 151 2152-11 0 L HOUSTON 11 LOT' 19 BLOCK 0 MONTE VISTA ADDITION 11/06/14 1,290,56 1,911.35 91,755 9360 5305-0005-0190 VACANT LOT 212 LUNA ST 2011000- 6403-0003-0140 152 2152-11 V L HOUSTON II LOT 14 BLOCK C PARKER ADDITION 11/06/14 3,899.09 13,271.13 55,400 S1,080 6403-0003-0145 HOUSE AND LOT 1416 SAN JUAN 2011 DCV- LOT 19 SOUTHWEST QUARTER OF BLOCK 13 153 2174-0 MARY TAYLOR COLONIA MEXICANA ADDITION 11/06/14 229.83 8,459.06 91,250 5250 1695-0007-0190 VACANT LOT 1409 SAN PEDRO 2012DCV- THE EAST 80 X 75 FEET 00 LOTS I, 2 AND 3, 154 0824-11 ZIPPI'I'Y HOMES INC. BLOCK 28 HILLCREST ADDITION 11/06/14 4,559.21 14,304.12 54,800 5960 3443-0028-0030 VACANT LOT 1903 PEABODY AVE 2011 DCV- LOT 7 BLOCK E LOS ENCINOS SUBDIVISION 155 2097-C JANIE VASQUEZ UNIT I 12/12/14 2,144 44 0,00 95,508 91,110 4570-0005-0070 VACANT LOT 1517 DORADO 2011 DCV - 156 2147-13 ENRIQUE E RODRIGUEZ LOT 16 BLOCK 5 LA JOYA ESTATES UNIT 2 12/12/14 2,119.23 17,542.52 512,064 92,420 4050-0005-0160 VACANT LOT 5718 PALO BLANCO 2012DCV- LOTS 9 AND 10 BLOCK 35 HILLCREST 157 3749-13 GLORIA 'TAYLOR ADDFITON 12/12/14 6,573.87 2,393.04 929,431 95,890 3443-0035-0090 HOUSE AND LOT 1714 PEABODY AVE 2011000- 011000- ( 58 (58 0852-13 LITA G CRAIG LOT 23 BLOCK 6 OSO PLACE UNIT 2 01/08/15 7,169.27 10,468,15 911,184 92,240 6074-0006-0230 VACANT LOT 1009 RONALD DR 201 1 DC V- 159 1362-11 MARY VASQUEZ LOT 33 BLOCK 6 SEIKEL ADDITION 02/05/15 1,645,9(1 13,872.28 94,293 9860 7891-0006-0330 VACANT LOT 821 ELEANOR LOTS 3 ANE) 4 BLOCK 35 HILLCREST 160 09-3627-1 JIMMY CARMICI-I LLL ADDITION 03/09/15 2,401.41 5,371.23 95,200 51.040 3443-0035-0030 VACANT LOT 1704 PEABODY AVE 201 1 DCA'- WEST 42 0T 00 LOT 1 & WEST 32 PT OF LOT 161 2159-A DAVID ESTRADA 2 13LOCK 2 BAY VIEW NO 2 03/09/15 2,120,59 9,697.97 94,278 5860 0487-0002-0020 VACANT LOT 1407 BUFORD 201200V- LO'T'S 25, 26, 27 & 28 BLOCK 6 NUECES BAY 162 1307-13 0I CURIEL HEIGHTS 03/09/15 4,1 37.71 7,71592 912,000 52,400 5820-0006-0250 VACANT LOT 2813 NUECES 2013DCV- LOT 13 BLOCK I RTSUBDIVISON 00 HIGH 163 0774-13 MODESTO MORALES 111 TERRACE 03/09/(5 1,805.45 9,645.26 55,000 51,000 3380-0001-0130 VACANT LOT 2735 LAMAR 2010000- 1 64 5704-A OLIVIA GUERRA LOT 44 BLOCK 10 STIEELE ADDITION 06/15/15 3,794.18 1,255.09 93,906 5790 8409-0010-0440 VACANT LOT 2926 MORRIS 165 10-2404-0 BENJAMIN RUBIO LOT 28 BLOCK 6 SEIKEL ADDITION 08/06/15 5,087.31 3,179.81 52,99) 9600 7891-0006-0280 VACANT LOT 811 ELEANOR 2011 DCV- LOT'S 3 AND 4 BLOCK 15 HILLCREST 166 2139-E CECIL LEWIS ADDITION 08/06(15 2,306.35 24,068.65 95,200 51,040 3443-0015-003)) VACANT LOT 1705 SI'ILLMAN 201200)/- 107 5370-G ELIZABETH GOMEZ LOT 9-A W, K. BLAKE SUBDIVISION 08/06/15 1,165.92 2,097,57 56,416 51,290 0742.0000-0090 VACANT LOT 2905 BLAKE 201) DCV- MARGARET JANE B. 168 2171-C JOHNSON LOTS 21 & 22 BLOCK 2 HUGHES ADDITION 09/14/15 2,521.18 24,368.80 59,157 51,840 3603-0002-0210 VACANT LOT 1214 ELIZABE'T'H 2011 DCV- THE NORTH 1/2 00 LOT 5 BLOCK 1 I 169 4132-1' GUBELINA G. GALICIA EXTENSION 00 SOUTH END ADDITION 09/14/15 1,969.75 24,311.95 94,064 5820 2350-0011-0050 VACANT IAT 806 S BROWNLEE BLVD LOT 1 13LOCK 12, SOUTIIMORELAND 170 09-3592-13 GENNENE IIIX ADDITION 10/12/15 2,741.75 12,997.03 57,498 51,500 8284-0012-0010 VACANT LOT 201 WATSON 201 IDCV- LOT 22 BLOCK 2 CASA BLANCA ADDITION 171 2142-D PEDRO 8 CHARLES TO CORPUS CHRISTI 10/12/15 1,439.89 6,871.38 55,237 51,050 1396-0002.0220 VACANT LOT 3233 EISENHOWER 2011 DCV- LOT 7 NEYLANDS COLONIA MEXICANA 172 2151-0 ALFONSO M GONZALEZ ADDITION, UNRECORDED 1(1/12/15 1,515.99 14,21982 53,984 5800 5736-0005-0070 V'ACANT LOT 2023 MARGUERITE 20121)00- 1.015 6, 7, 8 & 9, 13LOCK 18, HILLCREST 173 0818-0 060. ISAAC M00RE ADDITION 10/12/15 4,508.14 7,406.22 510,400 52,080 3443-0018-0060 VACANT LOT 1415 STILLMAN 20)) DCV- COLONIA MEXICAN SUBDIVISION TO 174 2172-G AMELIA ESPITLA CORPUS CHRISTI 11/06/15 92736 13,015.44 53,750 5750 1695-0007-0240 VACANT LOT 1423 SAN PEDRO 2011DCV- 175 4131-F FELIX GARZA LOT 23 BLOCK I WILBURN ADDITION 11/06/15 622.62 8,043.87 51,589 5320 9640-0001-0230 VACANT LOT 2002 HOWARD 2012_1)00- 176 2286-0 ANTHONY 13 00000 LOT 17 BLOCK 5 TEMPLE ADDITION 11/06/15 3,21226 11,410.99 55,841 51,170 8724-0005-0170 VACANT LOT 3718 BERTRAM 2012000- A 50 FT X 150 ET T'RAC'T OUT OF LOTS 1 & 2 177 4880-G ISABEL S ELIZONDO PATRICK GARDENS 11/06/15 7,096,30 1,264,16 530,416 96,090 6458-0000-0027 HOUSE AND LOT 633 MOHAWK 2012DCV- 178 5377-G RAMIRO T'ORRES LOT 20 BLOCK 6 MIDWAY ADDITION 11/06/15 3,263.01 5,651.48 56,250 SI,250 5175-0006-0200 VACANT LOT 2033 SHERiMAN ST Linebarger Goggan Blair Sampson, LLP Page 3 of 5 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER SUIT NUMBER NAME LEGAL DESCRIPTION DEED FILED FILED TOTAL BASE 'fAX DUE C1TY P & D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE OF PROPERTY LOCATION 179 09-4257-0 ESTELLA ROE-I'IiLER LOT 37 BLOCK 1 MEADOW PARK ADDITION 12/31/15 8,706,91 7,224,89 518,942 53,790 5000-0001-0370 HOUSE AND LOT 142 OSAGE 2012DCV- EAST 25 FEET OP LOl' 26 BLOCK I LOMA 180 4411-0 ELIDA SANCHIEZ HINOJOSA ALTA ADDITION 12/31/15 3,425.26 10,133,80 52,250 5450 4528-0001-0265 VACANT Lo'f 2354 HOWARD ST 2013DCV- LOT 22 BLOCK 2 LOS ANGELES HILLS 181 4695-E JULIO A GOMEZ JR ADDITION 12/31/15 363.14 1,986.58 81,845 8370 4565-0002-0220 VACANT LOT 134NBLUNTZER LOT 15 BLOCK 4 FLOUR BLUFF HEIGHTS 182 10-0683-11 PETER) CLARK UNRECORDED 04/17/12 1,534,92 3,124,08 S9,000 51,800 2476.0056-0719 VACANT LOT 309 SKIPPER LN LOT 16 BLOCK 4 FLOUR BLUFF 11010)989 183 10-0683-11 PETER 1 CLARK UNRECORDED 04/17/12 1,598.10 1,439,79 59,000 51,800 2476-0056-0720 VACANT LOT 305 SKIPPER LN LOT 17 BLOCK 4 FLOUR BM, 991!EIGFL'rS 184 10-0683-11 PETER J CLARK UNRECORDED 04/17/12 1,757.94 10,945,95 59,900 51,980 2476-0056-0722 VACANT LOT 301 SKIPPER LN 2010DCV- THE WEST ONE-IIALFOF LOT 20 LOLA 185 4710-13 CHAND A INV & DEV CORP JOHNSON 13EI.,K ADDITION 07/20/12 2,926.06 0,00 511,875 52,380 0606-0000-0200 VACANT LOT 206 LOLA JOHNSON 2010DCV- 165(10 BLOCK OF S. PADRE 186 4552-11 BUMBY HOLDINGS LLC LOTS 15B &) 6A PADRE ISLAND SECTION 1 12/09/13 2,498.53 0.00 520,439 54,090 6125-0019-1520 VACANT LOT ISLAND DR 201 ODCV- SOUTH 1/2 OF LOT 20A & ALL OF 21A, 22A, 16500 BLOCK OF S. PADRE 187 4552-11 BUMBY HOLDINGS LLC 23A, 20B, 2113 & 2213, PADRE ISLAND SEC I 12/09/13 6,64757 0.00 558,068 511,620 6125-0019-2000 VACANT LOT ISLAND DR 20121)CV- TRACT 'E' LOT 3 BLOCK IF FLOUR BLUFF 188 4402-F JOSE ATKINSON ESTATES 08/13/14 1,551.60 0.00 57,128 51,430 2486-0008-0038 VACANT LOT 329 PICTURE Cf LOTS I THRU 5 13LOCK 16 FLOUR BLUFF 189 04-7181-F RONALD L GRANT PARK 10/20/14 7,201.43 8,589,50 529,904 55,990 2540.0016-0010 VACANT LOTS MC EVER Sf / t MATLOCK 20)2DCV- 190 3185-11 VERA DUNN BUCIIANAN LOT 39 131..00K I FLOUR BLUFF POINT 11/06/14 11,390.41 0,00 525,129 55,030 2550-0001-0390 HOUSE AND LOT 1001 GREEN BAY DR 2011 DCV- LOT 4-A BLOCK 2 FLOUR BLUFF ESTATES 19) 2186-A JESUS ALVARADO NO. 2 08/06/15 1,541.24 11,246,99 510,725 52,150 2487-0002-0040 VACANT LOT 713 JESTER THE SOUTH 1/2 OF LOT 44, LESS THE WEST 221 10-2444-0 FRANCES ROJAS 30 FEET, BLOCK 2, HUDSON ACRES 02/06/14 1,815,93 8,290,91 54,485 5900 3593-0002-0445 VACANT LOT- 1005 MAIN DR 20) 3DCV- LOT 4 BLOCK 5 MCNORTON SUBDIVISION 222 0768-13 TORIBIA HERNANDEZ NO. 2 09/15/14 6,570.69 4,641,05 519,759 53,960 4984-0005-0040 HOUSE AND LOT 9013 MCNORTON RD 2012DCV- LOT 4 BLOCK 2 VILLAGE PARK 223 4388-0 JOHN GARCIA SUBDIVISION 05/11/15 3,605.15 5,434.41 511,759 52,360 9080-0002-0040 VACANT LOT 2750AU'rIIERST 2013DCV- 224 4619-0 RAMIRO GAMEZ LOT 15 BLOCK 1 HUDSON ACRES ADDITION 05/11/15 2,069.22 0.00 57,134 51,430 3593-0001-0160 VACANT IAT 1621 MAIN OR 2014DCV- LOT'S 38 AND 39 BLOCK 1 SAN JUAN 225 1223-13 MARIA E MORALES ADDITION 07/09/15 1,277.05 2,203.23 59,648 51,930 7627-0001-0380 VACANT LOT 9105 STOCK DR 20)4DCV- 226 1223-13 MARIA E MORALES LOT 40 BLOCK 1 SAN JUAN ADDITION 07/09/15 2,019.93 232.66 56,400 51,280 7627-0001-0400 VACANT LOT 9059 STOCK DR 227 10-2385-13 FRANCISCO GONZALEZ L,09 1 BLOCK 3 SAN./ 1 ADDITION NO. 2 10/12/15 2,373,52 20,722,35 55,759 51,160 7625-0003-0010 VACANT LOT 9117 SIMON 228 10-2385-13 FRANCISCO GONZALEZ LOT 2 BLOCK 3 SAN JUAN ADDITION NO. 2 10/12/15 2,373,52 20,085.65 85,759 51,160 7625-0003-0020 VACANT LOT 9113 SIMON 2012DCV- 229 2284-0 MANUELA ROCHA LOT 40 I3LOCK 1 HUDSON ACRES 1 (/06/15 2,448,61 13,281.63 57,134 51,430 3593-000)-0400 VACANT LOT 1413 MAIN DR 230 07-4764-C JOSE MADRIGAL, LOT 20A BLOCK 4 LAGUNA ACRES, REPLAT 11/14/12 10, 342.99 231.09 529,256 55,860 4100-0004-0205 HOUSE AND LO'f 954 BLOOMINGTON ST LOT4-A BLOCK COLONIA HIDALGO 231 09-1962-9 JERRI 0 HENRY ADDITION 05/07/14 6,471,74 673.99 814,573 52,920 1690-0009-0040 HOUSE AND LOT 4728 BARRERA DR THE NORTH HALF OF LOT 4 BLOCK 9 232 09-1962-F JERRI D HENRY COLONIA HIDALGO ADDI'T'ION 05/07/14 2,19452 326.39 58,943 81,790 1690-0009-0045 VACANT LOT 4724 BARRERA DR 2013DCV- THE SOUTH ONE-UALF OF LOT 6 BLOCK 6 233 409941 RICARDO LOPEZ COLONIA HIDALGO ADDITION 09'15/14 12,965.73 158.00 527,545 55,510 1690-0006-0060 HOUSE AND LOT 4714 MOLINA DR 2012DCV- 234 1303-G JUANITA M RODRIGUEZ LOT 5 BLOCK 1 LA PASCUA 62 SUBDIVISION 12/12/14 4,419.04 3,881.55 523,719 54,750 4072-0001-0050 HOUSE AND LOT 4433 ELVIRA DR 2010DCV- THE SOUTH 1/2 OF IAT 24 BLOCK 7 MOLINA 235 5469-E VIVIANA MORALES SUBDIVISION NO. 2 08/06/15 8,812.56 10,439.12 510,000 52,000 5281-0007-0240 VACANT LOT 4429 BARRERA DR Linebarger Goggan Blair Sampson, LLP Page 4 of 5 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER SUIT NO:113ER DEFENDANT NAME LEGAL DESCRIPTION DEED FILED TOTAL BASE TAX DUE CITY P 8: D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE OF PROPERTY LOCATION TOTALS 8511,06538 8878,968.44 S1.392,896 S278,980 Number °Ikons for vour jurisdiction 112 Linebarger Goggan Blair Sampson, LLP Page 5 of 5 LINEBARGER GOGGAN FLAIR & SAMPSON, LLP ATTORNEYS AT LAW 500 NORTH SHORELINE, SUITE 11.11 CORPUS CHRISTI, TEXAS 78401 361/888-6898 FAX 361/888-4568 March 31, 2016 Ms. Constance Sanchez Director of Financial Services City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Paul Daniel Chapa, Partner Email: paulc(i l.GBS.com RE: Proposed Tax Foreclosure Auction of `Struck Off' Saturday, June 4, 2016 Dear Ms. Sanchez, As you are aware, we post many properties for tax sale each year as part of our overall effort to collect the delinquent taxes due to the City of Corpus Christi, and our other clients within Nueces County. Some of these properties are "Struck Off' to the taxing entities when no one offers the amount of the opening bid at sale. We then solicit written resale bids for these "Struck Off' properties, and bring the resale offers before the taxing entities for their consideration. At the present time there are approximately 250 properties on the Nueces County Resale List. Many of these are vacant lots in neighborhoods where there is very little new building activity or demand for vacant property. Although Nueces County is weathering the ups and downs of the Texas economy better than most since the oilfield decline, our attempts to sell these properties through our regular procedure have been unsuccessful. As long as these properties are off the tax rolls, they produce no revenue for the taxing entities and must be maintained at the taxing entities expense. With this in mind we propose to offer these properties for sale at a public auction on the courthouse steps with a reduced opening bid. We believe a low opening bid will make these properties attractive to a large group of potential buyers, and the competitive environment of a live auction will achieve the best price for our clients and return these properties to the tax rolls as revenue producing. Enclosed herewith is a list of tax resale properties located within the City of Corpus Christi. All of the properties meet the criteria of being "Struck Off" the tax rolls with no offer pending. We are asking the governing body of each taxing entity, including the City of Corpus Christi, to approve the sale of these properties with an opening bid of 20% of the most recent tax appraisal value. We plan to start our advertising campaign around May 1st and conduct the public auction on June 4, 2016. Therefore, we respectfully request that you place this item on your governing body's agenda for the next available meeting. We will be present to explain the proposal and answer any questions. The taxing entities approved similar public auctions of tax resale properties in 1996, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2007, 2009, 2010, 2011.and 2013, all of which were successful in returning a large number of properties to the tax rolls. We expect to achieve comparable results with this proposal. Your courtesy and cooperation in this matter are greatly appreciated. As always, if you have questions regarding any of the above, please contact me at your convenience. Sincere Paul\ Daniel Cha Attorney at Law CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER SUIT NUMBER DEFENDANT NAME LEGAL DESCRIPTION DEED OILED TOTAL., ©ASE "fAX DUE CITY P & D LIONS DUE PROPERTY VALUE OPENING 1311)ACCOUNT NUMBER TYPE 00 PI20PERT'Y LOCATION UNRECORDED, OUT OF ['ARIAS GRANT 95 06-3802-E JAMES C MARTIN ABSTRCT 592 04/10/15 3,521,01 0.00 S12,882 82,580 2385-0026-0242 VACANT LOT 4548 SIIARPSBURG 0,291 ACRD OUT OF SHARES \'II & IX, C.C. 96 09-1210-E HAROLD E BROOKS HART PARTITION, SUR 304, ABSTRACT 808 04/10/15 2,367,32 0.00 57,925 51,590 3267-0009-0210 VACANT LOT 11549 11-1.37 SOUTH 2,0071 ACRES OUT 00 LOTS 83 & 84 97 08.4291-A E. 13. STL"T'11ENS CALALLEN IRRIGATION GARDENS 08/06/15 6,409.03 0.00 830,000 $6,000 1215-0000-0830 VACANT LOT 5745 RIVER LANE 98 85-6479-1) WILLIE JOSEPH ROBERTS LOT 16 BLOCK I CITIZENS ADDITION 08/27/92 1,023,40 18,412.70 55,800 51,160 1593-0001-0160 VACANT LOT 1517 LEXINGTON AVE 99 03-7017-1' W. E. 13EALE 1,0'r 21 BLOCK 7 MIDWAY ADDITION 05/18/06 1,630.71 6,409 95 $10,000 52,000 5175-0007-0210 VACANT LOT 2037 HUDSON 100 08-1930-11 RAYMOND 13. JONES LAT- 26 BLACK 2 MANCHESTER PLACE 07/16/10 5,061.30 6,455,41 58,731 81,750 4740-0002-0260 VACANT LOT 1002 MANCHESTER AVE 101 09-3555-11 ROBERT VILLARREAL LOT 2 BLACK 4 SUTHERLAND ADDITION 07/12/11 1,964.45 0.00 54,037 S810 8649-0004-0020 VACANT LOT 1626 CALDWELL 102 03-1971-13 FERNANDO GARCIA 111 LOT 5 BLOCK 9 JONES ADDITION 11/09/11 12,569.81 806.56 519,500 53,900 3795-0009-0050 VACANT LOT 1520 MESTINA 103 08-5972-E MARTHA W ILBURN LOT 14 BLOCK 6 SOUTHWEST HEIGHTS 12/15/11 5,041.88 9,245.61 520,560 54,120 8299-0006-0140 HOUSE AND LOT 2522 SARITA 104 08-5353-C FRANK I, MARTINEZ LOT 5 BLOCK 2 MANCHESTER PLACE 01/10/12 7,560,83 6,216.22 558,566 511,720 4740-0002-0050 HOUSE AND LOT 1 130 MANCHESTER 105 09-4839-13 VICTORY GOSPEL INT'L LOT 20 BLOCK "13" REYNOLDS ADDITION 04/17/12 7,98244 18,866,50 526,061 55,220 7193-0002-0200 HOUSES AND LOT 2929 CARVER 106 09-4839-13 VICTORY GOSI'EI_, IN 'I.. 1.0'I 19 BLOCK "13" REYNOLDS ADDITION 04/17/12 5,064,53 1,112.35 529,521 55,910 7193.0002-0190 HOUSE AND LOT 2925 CARVER 107 08-5261-B FRANK BARNES LOT 9 BLOCK 4 CARVER ADDITION 06/08/12 5,744.72 6,118.52 85,008 51,010 1390-0004-0090 VACANT LOT 2746 SOLEDAD 108 09-1978-C EVA G I'EREZ LOT 29 BLOCK 4 LA ARBOLEDA ADDITION 06/08/12 4,626.65 17,840,70 S5,008 51,010 4032-0004-0290 VACANT LOT 2529 WAINWRIGHT 109 08-4933-C MARIA DE LA ROSA LOT 27 BLOCK 5 LA ARBOLEDA ADDITION 08/10/I2 5,276.83 8,994.89 55,008 51,010 4032-0005-0270 VACANT LOT 2521 MONTGOMERY 110 09-1558-F JOSE AYALA LOT 12 BLOCK 8 CASA I3LANCA ADDITION 11 /14/12 5,422.27 6,555.49 55,008 51,010 1396-0008-0120 VACANT LOT 3210 MAC ARTHUR 111 09-3605-G CHARLES SANOLIN LOT 1 BLOCK 15 MEADOW PARK ADDITION 11/14/12 2,669.17 16,54043 59,375 51,880 5000-0015-0010 VACANT LOT 245 OSAGE ST 112 09-2023-C I STEI3AN DI.: LEON LOT 22 BLOCK 2 LA ARBOLEDA ADDITION 02/08/13 12,812.21 0,00 544,581 58,920 4032-0002-0220 HOUSE AND LOT 2634 NIMITZ LO -T2_3 BLACK 4 HIGH TERRACE 113 09-5958-0 MINERVA RODRIGUEZ SUBDIVISION 02/08/13 2,200.63 7,545,43 55,000 51,000 3380-0004-0230 VACANT LO -T 2613 GOLIAD 20I0DCV- LOT 9 I3LOCK 2 CASA BLANCA ADDITION 114 5364-0 LAURO QUINTANILLA TO CORPUS CHRISTI 02/08/13 1,480.11 13,551.00 55,040 51,010 1396-0002-0090 VACANT LOT 3218 GREENWOOD DR 2010DCV- 115 5352-0 PATRICIA COLLIER 1,(f1' II BLOCK I EL REY ADDITION 03/18/13 2,037,14 4,314.08 57,000 51,400 2277.0001-0110 VACANT LOT 3018 SABINAS 116 06-5158-A THREE S. TRUST LOT 11, BLOCK 5, TIERRA ALTA ADDITION 04/05/3 7,678.38 16,074.65 $8,750 51,750 8764-0005-0110 VACANT LOT 913 23RD STREET 117 10-3489-13 ELPHIE R, RO13L3INS NE 50 FT OF LOT 20 AND SE 25 FT 00 LOT 19, BLACK 8, LEXINGTON ESTATES 04/05/13 6,263.86 5,753,21 514,344 52,870 4403-0008-0200 VACANT LOT 5009 CARROLL LN 118 08-4931-F ROSA GONZALES LOT II BLOCK 49 BLUFF PORTION 06/11/13 4,726.56 982,40 511,914 52,390 0797-0049-0110 2 HOUSES AND LOT 906 N ALAMEDA ST 119 08-5864-C RICHARD WAYNE DOSS LOT 34 I3LOCK 7 WESTGATE HEIGHTS 07/10/13 8,040.66 4,797.00 59,798 SI ,960 9475-0007-034)) VACANT LOT 3417 WELLINGTON DR 2011 DCV- TI1E EAST ONE-HALF OF LOT 4, BLOCK 7, 120 4129-I' E. L. LAIRD PAUL COURT PLAN OF LOTS 07/10/13 1,228.71 9,417.82 53,139 5630 6463-0007-0045 VACANT LOT 300 BLOCK OF COKE ST 201 I DCV- LOTS 1, 2 AND 3, BLOCK 17, HILLCREST 121 2153-1) JAMES R. BROWN! LL ADDITION 08/14/13 6,783,11 20,612.11 57,800 51,560 3443-0017.0010 HOUSE AND LOT 1503 STILLMAN AVE 20!! DCV- THE SOUTHEAST 67.46 FEET 01' LO -I' 16, 122 2179-C SUSANA PUENTE BLOCK 6, EL REY ADDITION 08/14/13 1,113.86 19,213.00 53,575 5720 2277-0006-0165 VACANT LOT 3001 GREENWOOD DR Linebarger Goggan Blair Sampson, LLP Page 1 of 5 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER surr NUMBER DEFENDANT NAME LEGAL DESCRIPTION DEED FILED TOTALBASE TAX DUE CITY P Sz. D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE OF PROPERTY LOCATION 123 00-2517-0 WILL HAVEN ESTATE 0.07 ACRE IN BLOCK (6, BLUFF PORTION 10/11/13 1,783.84 3,035.44 52,540 S510 0797-0060-0030 VACANT LOT 1110 WINNEBAGO ST (24 03-5570-1) DELMA 0 MARROQUIN LOT 30 BLOCK 4 WINDSOR PARK 12/09/13 • 19,141,96 402,43 525,728 55,150 9764-0004-0300 HOUSE AND LOT 754 LANSDOWN DR LOTS 4, 5, 20 & 21 BLOCK SE 1/4 13 COLONIA 125 08-4151-C LESTER JOHNSON MEXICANA 02/06/14 7,097,83 37,613,93 53,125 S630 1695-0006-0040 VACANT LOT 1416 SAN PEDRO 2011 DC V- EAST /2091LOT 22 & WEST 6 FT 09 LOT 23 126 2148-0 MINNIE TINKLE BLOCK 10 SOUTHMORELAND ADDITION 02/06/14 1,099.41 10,564.02 55,424 51,090 8284-0010-0225 VACANT LOT 140 WATSON 201 I DCV - 127 2180-13 GLORIA LOPEZ LOT 2 BLOCK 1 TOM PRICE ADDITION 02/06/14 849,53 18,391.48 55,000 51,000 7038-0001-0020 VACANT LOT 2938 SONORA LOT 16 BLOCK 3 SAN PEDRO ADDITION TO 128 09-5361-D ANTONIO 1' R(3BIO CORPUS CHRISTI 03/06/14 1,774.30 498.66 53,125 5630 7634-0003-0160 VACANT LOT 713 DOLORES ST LOT 49 BLOCK 3 SAN PEDRO ADDITION '10 129 09-53614) ANTONIO T RUBIO CORPUS CHRISTI 03/06/14 1,793.69 5,132,71 53,125 5630 7634-0003-0490 VACANT LOT 710 FRANCESCA ST 201 ODCV- 130 453441 ROBERT I HARPER LOT 6 PHILLIPS 66 SUBDIVISION 03/06/14 8,502.10 32,316,96 526,865 55,380 6735-0000-0060 VACANT LOT 2427 FRANCIS 131 09-5381-9 OSCAR GALLEGOS LOT 11-2 PRIOUR TRAcr SUBDIVISION 04/07/14 4,214,71 0.00 56,667 51,340 7048-0000-0082 VACANT Lar 1904 COMANCHE 132 09-5381-F OSCAR GALLEGOS LOT LI -3 PRIOUR TRACT SUBDIVISION 04/07/14 7,840.54 0.00 S13,558 52,720 7048-0000-0083 BUILDING AND LOT 1906 COMANCHE 133 09-5381-9 OSCAR GALLEGOS LOT G PRIOUR TRACT SUBDIVISION 04/07/14 4,200,24 0,00 510,094 52,020 7048-0000-0310 VACANT LOT 1908 COMANCIIE 20121)CV- 134 3177-F LORENE MYRTLEDOVE LOT 13 BLOCK 6 NUKES BAY HEIGHTS 05/07/14 5,680.27 18,290.19 56,000 51,200 5820-0006-0130 VACANT LOT 1712 PALM DR 20131)CV- THE SOUTH 1/2 OF LOT 3 BLOCK. 19 (35 1428-1) HUMBERTO GONZALEZ MEADOW PARK ADDITION 05/07/14 2,149.42 9,560,24 S4,219 5850 5000-0019-0030 VACANT LOT 337 VIRGINIA 136 10 -I802 -A LUCIANA SOSA LOTS 14 AND 15 BLOCK 5 SEIKEL ADDITION 06/06/14 4,864.33 9,545,77 56,250 51,250 7891-0005-0140 VACANT LOT 705 ELESA 2011 DC9- LOTS 18 AND 19 BLOCL 10 BAY TERRACE 137 2163-A TELESPORO BARRERA ADDITION 06/06/14 2,246.19 9,444,10 59,156 51,840 0480-0010-0180 VACANT LOT 908 i ('111 ST LOT 34 BLOCK 6 HIGH TERRACE 138 10-1777-C CANDELARIO MARINES SUBDIVISION 07/21/14 5,742,78 0,00 528,939 S5,790 3380-0006-0340 HOUSE AND LOT 2508 GOLIAD DR 2011DCV- 139 1405-E DR. WILLIAM CARL1NE 52 ET. (3Y97 ET ouT OF 1.11, DREYER TRACT 07/21/14 6,939.79 1,361,93 524,492 54,900 7589-0000-0040 BUILDING AND LOT 1211 N. SAM RANKIN 140 86-2058-11 DELFINO EREVIA Dar 19 BLOCK 8 CLUI3 ESTATES UNIT 3 08/13/14 30,089.87 11,150.75 $32,927 56,590 1650-0008-0190 VACANT LOT 4910 DUSTY DAWN RD 2011 DCV- PART 09 FRACTIONAL BLOCK 1702 13,AY 141 2156-A CATHERINE MCKENNEY TERRACE NO. 2 ADDITION 08/13/14 2,800.52 273.79 58,139 51,630 0481-1702-0010 FRACTIONAL LOT 1500 BLOCK I9TH ST 20121)CV- 142 4402-9 JOSE ATKINSON LOT 6 BLOCK 7(1 E LUTER PARTITION 08/13/14 568.46 3,444.35 S2,875 5580 4625-0007-0060 VACANT LOT 2022 MARY ST 143 09-3631-0 GLINT CARTER 1.01 (7 BLOCK 1 WILBURN ADDITION 09/15/14 2,393,97 5,88455 51,589 5320 9640-0001-0170 VACANT LOT 2014 HOWARD ST 20101)CV- 144 5683-A A CORINACOLEMAN LOT 27 BLOCK 3 CARVER ADDITION 09/15/14 4,876.11 14,675,02 55,008 51,010 1390-0003-0270 VACANT LOT 2805 GUADALUPE 2011DCV- 145 2134-G EUDELIA KRUMMEL Tom 5 AND 6 BLOCK 7 STEELE ADDITION 09/15/14 2,521.28 9,298.41 58,438 51,690 8409-0007-0050 VACANT LOT 2421 MARGUERITE 201 IDCV- (46 4130-0 BLASA MEDINA LOT 49 BLOCK 1 LA PALOMA ADDITION 09/15/14 1,478.54 7,416,29 52,961 5600 4062-0001-0490 VACANT an 1132 SAB1NAS 2012DCV- 147 3755-13 DOROTHY BARNES LOT 18 131.,0(7K 9 OAK PARK 09/15/14 5,686,14 9,596.69 510,850 S2,170 5938-0009-0180 VACANT LOT 825 ERWIN AVE 20121)C9- 148 4409-A HAL FORAKER LOT 15 BLOCK 2 CITIZENS ADDITION 09/15/14 1,920,25 8,197.45 55,800 51,160 1593-0002-0150 VACANT LOT 1713 LEXINGTON AVE 20121)n/- 149 4409-A HAL FORAKER LOT 5 BLOCK 1 SHORELINE PARK 09/15/14 1,994.43 6,929,35 55,600 51,120 8013-0001-0050 VACANT LOT 1919 LEXINGTON AVE 150 91-1152-11 HECTOR BOTELLO LOT 20 BLOCK 2 BRECKENRIDGE UNIT 2 10/20/14 29,341.42 0,00 5125,531 525,110 0943-0002-0200 HOUSE AND LOT' 4721 SIERRA 1.31,ANCA Linebarger Goggan Blair Sampson, LLP Page 2 of 5 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 I'T'EM NUMBER sun. NUMBER DEFENDANT NAME LEGAL DESCRIPTION DEED PILED TOTAL BASE 'FAX DUE CITY P K D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE 00 PROPERTY LOCATION 2011DCV- 151 2152-11 0 L HOUSTON 11 LOT' 19 BLOCK 0 MONTE VISTA ADDITION 11/06/14 1,290,56 1,911.35 91,755 9360 5305-0005-0190 VACANT LOT 212 LUNA ST 2011000- 6403-0003-0140 152 2152-11 V L HOUSTON II LOT 14 BLOCK C PARKER ADDITION 11/06/14 3,899.09 13,271.13 55,400 S1,080 6403-0003-0145 HOUSE AND LOT 1416 SAN JUAN 2011 DCV- LOT 19 SOUTHWEST QUARTER OF BLOCK 13 153 2174-0 MARY TAYLOR COLONIA MEXICANA ADDITION 11/06/14 229.83 8,459.06 91,250 5250 1695-0007-0190 VACANT LOT 1409 SAN PEDRO 2012DCV- THE EAST 80 X 75 FEET 00 LOTS I, 2 AND 3, 154 0824-11 ZIPPI'I'Y HOMES INC. BLOCK 28 HILLCREST ADDITION 11/06/14 4,559.21 14,304.12 54,800 5960 3443-0028-0030 VACANT LOT 1903 PEABODY AVE 2011 DCV- LOT 7 BLOCK E LOS ENCINOS SUBDIVISION 155 2097-C JANIE VASQUEZ UNIT I 12/12/14 2,144 44 0,00 95,508 91,110 4570-0005-0070 VACANT LOT 1517 DORADO 2011 DCV - 156 2147-13 ENRIQUE E RODRIGUEZ LOT 16 BLOCK 5 LA JOYA ESTATES UNIT 2 12/12/14 2,119.23 17,542.52 512,064 92,420 4050-0005-0160 VACANT LOT 5718 PALO BLANCO 2012DCV- LOTS 9 AND 10 BLOCK 35 HILLCREST 157 3749-13 GLORIA 'TAYLOR ADDFITON 12/12/14 6,573.87 2,393.04 929,431 95,890 3443-0035-0090 HOUSE AND LOT 1714 PEABODY AVE 2011000- 011000- ( 58 (58 0852-13 LITA G CRAIG LOT 23 BLOCK 6 OSO PLACE UNIT 2 01/08/15 7,169.27 10,468,15 911,184 92,240 6074-0006-0230 VACANT LOT 1009 RONALD DR 201 1 DC V- 159 1362-11 MARY VASQUEZ LOT 33 BLOCK 6 SEIKEL ADDITION 02/05/15 1,645,9(1 13,872.28 94,293 9860 7891-0006-0330 VACANT LOT 821 ELEANOR LOTS 3 ANE) 4 BLOCK 35 HILLCREST 160 09-3627-1 JIMMY CARMICI-I LLL ADDITION 03/09/15 2,401.41 5,371.23 95,200 51.040 3443-0035-0030 VACANT LOT 1704 PEABODY AVE 201 1 DCA'- WEST 42 0T 00 LOT 1 & WEST 32 PT OF LOT 161 2159-A DAVID ESTRADA 2 13LOCK 2 BAY VIEW NO 2 03/09/15 2,120,59 9,697.97 94,278 5860 0487-0002-0020 VACANT LOT 1407 BUFORD 201200V- LO'T'S 25, 26, 27 & 28 BLOCK 6 NUECES BAY 162 1307-13 0I CURIEL HEIGHTS 03/09/15 4,1 37.71 7,71592 912,000 52,400 5820-0006-0250 VACANT LOT 2813 NUECES 2013DCV- LOT 13 BLOCK I RTSUBDIVISON 00 HIGH 163 0774-13 MODESTO MORALES 111 TERRACE 03/09/(5 1,805.45 9,645.26 55,000 51,000 3380-0001-0130 VACANT LOT 2735 LAMAR 2010000- 1 64 5704-A OLIVIA GUERRA LOT 44 BLOCK 10 STIEELE ADDITION 06/15/15 3,794.18 1,255.09 93,906 5790 8409-0010-0440 VACANT LOT 2926 MORRIS 165 10-2404-0 BENJAMIN RUBIO LOT 28 BLOCK 6 SEIKEL ADDITION 08/06/15 5,087.31 3,179.81 52,99) 9600 7891-0006-0280 VACANT LOT 811 ELEANOR 2011 DCV- LOT'S 3 AND 4 BLOCK 15 HILLCREST 166 2139-E CECIL LEWIS ADDITION 08/06(15 2,306.35 24,068.65 95,200 51,040 3443-0015-003)) VACANT LOT 1705 SI'ILLMAN 201200)/- 107 5370-G ELIZABETH GOMEZ LOT 9-A W, K. BLAKE SUBDIVISION 08/06/15 1,165.92 2,097,57 56,416 51,290 0742.0000-0090 VACANT LOT 2905 BLAKE 201) DCV- MARGARET JANE B. 168 2171-C JOHNSON LOTS 21 & 22 BLOCK 2 HUGHES ADDITION 09/14/15 2,521.18 24,368.80 89,157 51,840 3603-0002-0210 VACANT LOT 1214 ELIZABE'T'H 2011 DCV- THE NORTH 1/2 00 LOT 5 BLOCK 1 I 169 4132-1' GUBELINA G. GALICIA EXTENSION 00 SOUTH END ADDITION 09/14/15 1,969.75 24,311.95 94,064 5820 2350-0011-0050 VACANT IAT 806 S BROWNLEE BLVD LOT 1 13LOCK 12, SOUTIIMORELAND 170 09-3592-13 GENNENE IIIX ADDITION 10/12/15 2,741.75 12,997.03 57,498 51,500 8284-0012-0010 VACANT LOT 201 WATSON 201 IDCV- LOT 22 BLOCK 2 CASA BLANCA ADDITION 171 2142-D PEDRO 8 CHARLES TO CORPUS CHRISTI 10/12/15 1,439.89 6,871.38 55,237 51,050 1396-0002.0220 VACANT LOT 3233 EISENHOWER 2011 DCV- LOT 7 NEYLANDS COLONIA MEXICANA 172 2151-0 ALFONSO M GONZALEZ ADDITION, UNRECORDED 1(1/12/15 1,515.99 14,21982 53,984 5800 5736-0005-0070 V'ACANT LOT 2023 MARGUERITE 20121)00- 1.015 6, 7, 8 & 9, 13LOCK 18, HILLCREST 173 0818-0 060. ISAAC M00RE ADDITION 10/12/15 4,508.14 7,406.22 510,400 52,080 3443-0018-0060 VACANT LOT 1415 STILLMAN 20)) DCV- COLONIA MEXICAN SUBDIVISION TO 174 2172-G AMELIA ESPITLA CORPUS CHRISTI 11/06/15 92736 13,015.44 53,750 5750 1695-0007-0240 VACANT LOT 1423 SAN PEDRO 2011DCV- 175 4131-F FELIX GARZA LOT 23 BLOCK I WILBURN ADDITION 11/06/15 622.62 8,043.87 51,589 5320 9640-0001-0230 VACANT LOT 2002 HOWARD 2012_1)00- 176 2286-0 ANTHONY 13 00000 LOT 17 BLOCK 5 TEMPLE ADDITION 11/06/15 3,21226 11,410.99 55,841 51,170 8724-0005-0170 VACANT LOT 3718 BERTRAM 2012000- A 50 FT X 150 ET T'RAC'T OUT OF LOTS 1 & 2 177 4880-G ISABEL S ELIZONDO PATRICK GARDENS 11/06/15 7,096,30 1,264,16 530,416 96,090 6458-0000-0027 HOUSE AND LOT 633 MOHAWK 2012DCV- 178 5377-G RAMIRO T'ORRES LOT 20 BLOCK 6 MIDWAY ADDITION 11/06/15 3,263.01 5,651.48 56,250 SI,250 5175-0006-0200 VACANT LOT 2033 SHERiMAN ST Linebarger Goggan Blair Sampson, LLP Page 3 of 5 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER SUIT NUMBER NAME LEGAL DESCRIPTION DEED FILED FILED TOTAL BASE 'TAX DUE C1TY P & D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE OF PROPERTY LOCATION 179 09-4257-0 ESUELLA ROE-I'IiLER LOT' 37 BLOCK 1 MEADOW PARK ADDITION 12/31/15 8,706,91 7,224,89 518,942 83,790 5000-0001-0370 HOUSE AND LOT 142 OSAGE 2012DCV- EAST 25 FEF)T OF LOl' 26 BLOCK 1 LOMA 180 4411-0 ELIDA SANCHEZ HINOJOSA ALTA ADDITION 12/31/15 3,425.26 10,133,80 52,250 S450 4528-0001-0265 VACANT Lo'f 2354 HOWARD ST 2013DCV- LOT 22 BLOCK 2 LOS ANGELES HILLS 181 4695-E JULIO A GOMEZ JR ADDITION 12/31/15 363.14 1,986.58 81,845 8370 4565-0002-0220 VACANT LOT 134NBLUNTZER LOT 15 BLOCK 4 FLOUR BLUFF HEIGHTS 182 10-0683-11 PETER) CLARK UNRECORDED 04/17/12 1,534,92 3,124,08 S9,000 51,800 2476.0056-0719 VACANT LOT 309 SKIPPER LN LOT 16 BLOCK 4 FLOUR BLUFF I181019f9 183 10-0683-11 PETER 1 CLARK UNRECORDED 04/17/12 1,598.10 1,439,79 59,000 81,500 2476-0056-0720 VACANT LOT 305 SKIPPER LN LOT 17 BLOCK 4 FLOUR BM. 991!EIGFLTS 184 10-0683-H PETER J CLARK UNRECORDED 04/17/12 1,757.94 10,945,95 59,900 51,980 2476-0056-0722 VACANT LOT 301 SKIPPER LN 2010DCV- THE WEST ONE-IIALFOF LOT 20 LOLA 185 4710-13 CHAND A INV & DEV CORP JOHNSON 13E1.,K ADDITION 07/20/12 2,926.06 0,00 511,875 52,380 0606-0000-0200 VACANT LOT 206 LOLA JOHNSON 2010DCV- 165(10 BLOCK OF S. PADRE 186 4552-11 BUMBY HOLDINGS LLC LOTS 1513 &) 6A PADRE ISLAND SECTION 1 12/09/13 2,498.53 0.00 520,439 54,090 6125-0019-1520 VACANT LOT ISLAND DR 201 ODCV- SOUTH 1/2 OF LOT 20A & ALL OF 2I A, 22A, 16500 BLOCK OF S. PADRE 187 4552-11 IUMBY HOLDINGS LLC 23A, 2013, 2113 & 2213, PADRE ISLAND SEC 1 12/09/13 6,64757 0.00 858,068 511,620 6125-0019-2000 VACANT LOT ISLAND DR 2012DCV- TRACT 'E' LO'f 3 BLOCK IF FLOUR BLUFF 188 4402-F JOSE ATKINSON ESTATES 08/13/14 1,551.60 0.00 87,128 51,430 2486-0008-0038 VACANT LOT 329 PICTURE CT LOTS I THRU 5 13LOCK 16 FLOUR BLUFF I89 04-7181-9 RONALD L GRANT PARK 10/20/14 7,201.43 8,589,50 S29,904 55,990 2540.0016-0010 VACANT LOTS MC IVER ST /it MATLOCK 20)2DCV- 190 3185-I1 VERA DUNN BUCIIANAN LOT 39 BLOCK 1 FLOUR BLUFF POINT 11/06/14 11,390.41 0,00 S25,129 55,030 2550-0001-0390 HOUSE AND LOT 1001 GREEN BAY DR 20)) DCV- LOT 4-A BLOCK 2 FLOUR BLUFF ESTATES 191 2186-A JESUS ALVARADO NO. 2 08/06/15 1,541.24 11,246,99 510,725 52,150 2487-0002-0040 VACANT LOT 713 JESTER THE SOUTH 1/2 OF LOT 44, LESS THE WEST 221 10-2444-0 FRANCES ROJAS 30 FEET, BLOCK 2, HUDSON ACRES 02/06/14 1,815,93 8,29091 54,485 5900 3593-0002-0445 VACANT LOT- 1005 MAIN DR 20) 3DCV- LOT 4 BLOCK 5 MCNORTON SUBDIVISION 222 0768-13 TORIBIA HERNANDEZ NO. 2 09/15/14 6,570.69 4,641.05 519,759 53,960 4984-0005-0040 HOUSE AND LOT 9013 MCNORTON RD 2012DCV- LOT 4 BLOCK 2 VILLAGE PARK 223 4388-G JOHN GARCIA SUBDIVISION 05/11/15 3,605.15 5,434.41 511,759 52,360 9080-0002-0040 VACANT LOT 2750AUfIIERSf 2013DCV- 224 4619-0 RAMIRO GAMEZ LOT 15 BLOCK I HUDSON ACRES ADDITION 05/11/15 2,069.22 0.00 57,134 51,430 3593-0001-0160 VACANT IAT 1621 MAIN 013. 2014DCV- LOTS 38 AND 39 BLOCK I SAN JUAN 225 1223-13 MARIA E MORALES ADDITION 07/09/15 1,277.05 2,203.23 59,648 51,930 7627-0001-0380 VACANT LOT 9105 STOCK DR 20)4DCV- 226 1223-13 MARIA E MORALES LOT 40 BLOCK 1 SAN JUAN ADDITION 07/09/15 2,019.93 232,66 86,400 51,280 7627-0001-0400 VACANT LOT 9059 STOCK DR 227 10-2385-13 FRANCISCO GONZALEZ LOT 1 BLOCK 3 SAN./ 1 ADDITION NO. 2 10/12/15 2,373,52 20,722,35 55,759 81,160 7625.0003-0010 VACANT LOT 9117 SIMON 228 10-2385-13 FRANCISCO GONZALEZ LOT 2 BLOCK 3 SAN JUAN ADDITION NO. 2 10/12/15 2,373,52 20,085.65 55,759 81,160 7625-0003-0020 VACANT LOT 9113 SIMON 2012DCV- 229 2284-G MANUELA ROCHA LOT 40 I3LOCK 1 HUDSON ACRES 11/06/15 2,448,61 13,281.63 57,134 51,430 3593-000l-0400 VACANT LOT 1413 MAIN DR 230 07-4764-C JOSE MADRIGAL, LOT 20A BLOCK 4 LAGUNA ACRES, REPLAT 11/14/12 10, 342.99 231.09 529,256 55,860 4100-0004-0205 HOUSE AND LOT 954 BLOOMINGTON ST LOT 4-A BLOCK COLONIA IIIDALGO 231 09-1962-9 JERRI 0 HENRY ADDITION 05/07/14 6,471,74 673.99 814,573 82,920 1690-0009-0040 HOUSE AND LOT 4728 BARRERA DR THE NORTH HALF 09 IA')' 4 BLOCK 9 232 09-1962-F JERRI D HENRY COLONIA HIDALGO ADDI'T'ION 05/07/14 2,19452 326.39 58,943 81,790 1690-0009-0045 VACANT LOT 4724 BARRERA DR 2013DCV- THE SOUTH ONE-HALF OE LOT 6 BLOCK 6 233 4099-11 RICARDO LOPEZ COLONIA HIDALGO ADDITION 09/15/14 12,965.73 158.00 527,545 55,510 1690-0006-0060 HOUSE AND LOT 4714 MOLINA DR 20121)CV- 234 1303-0 JUANITA M RODRIGUEZ LOT 5 BLOCK 1 LA PASCUA 02 SUBDIVISION 12/12/14 4,419.04 3,881.55 823,719 54,750 4072-0001-0050 HOUSE AND LOT 4433 ELVIRA DR 2010DCV- THE SOUTH 1/2 OF IAT 24 BLOCK 7 MOLINA 235 5469-E VIVIANA MORALES SUBDIVISION NO. 2 08/06/15 8,812.56 10,439.12 510,000 52,000 5281-0007-0240 VACANT LOT 4429 BARRERA DR Linebarger Goggan Blair Sampson, LLP Page 4 of 5 CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST Auction day is June 4, 2016 ITEM NUMBER SUIT NO:113ER DEFENDANT NAME LEGAL DESCRIPTION DEED FILED TOTAL BASE TAX DUE CITY P 8: D LIENS DUE PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE OF PROPERTY LOCATION TOTALS 8511,06538 8878,968.44 S1.392,896 S278,980 Number °Ikons for vour jurisdiction 112 Linebarger Goggan Blair Sampson, LLP Page 5 of 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 26, 2016 Action Item for the City Council Meeting of May 10, 2016 DATE: April 8, 2016 TO: Ronald L. Olson, City Manager FROM: Belinda Mercado, Director of Municipal Information Systems Bmercado@cctexas.com (361) 826-3740 Dan McGinn, Interim Director of Development Services DanielMc@cctexas.com (361) 826-3276 Additional Professional Services For Development Services Infor Community Development Regulation (CDR) Project CAPTION: Ordinance appropriating $250,000 from the unreserved fund balance in Development Services Fund No. 4670 for implementation of the Infor Community Development Regulation module; amending the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $250,000; and authorizing the City Manager or designee to execute change orders for additional consulting services related to the Infor Community Development Regulation project. PURPOSE: The purpose of this item is to appropriate funds to execute change orders for additional Infor US Inc. and Bentley Systems, Inc. consulting services for Development Services that includes additional time to fully test and validate the Infor and Bentley products and complete data conversion activities from the city's current software. BACKGROUND AND FINDINGS: Software currently in use by Development Services (SunGard Public Sector) was first installed in 2002 and handles processes for permitting, licensing, and building inspections. After the selection of the Infor ERP software, Development Services reviewed Infor's CDR module and determined it was a good fit for the organization. In December 2013, council approved the purchase of the Infor CDR module at a cost of $1,648,183 for software and professional services. In January 2015, council approved the purchase of electronic play review solution from Bentley Systems, Inc. Since the original approval, the Health Department (with council approval) and additional small dollar change orders have been approved to enhance the department's use of the product for additional efficiencies. In 2014, the project encountered resource changes with both Infor and city staff. Due to departures of critical staff on both sides, the project was placed on hold. The project was re -started in 2015 with the vendor providing a zero -dollar change order to extend the project timeline to January 2016. Our new timeline to add an additional five months to the schedule is at a cost of $150,000 for additional services from Infor and includes an implementation date of June 2016. In addition, Bentley change orders of $100,000 are included. One change order has been received for $43,750 and is included as an attachment for an integration to the city's enterprise document system. An additional change order is expected within the next month for additional functionality that is planned for after the June implementation date at an estimated cost of $40,000. ALTERNATIVES: 1. Approve the change order for continued consulting services to complete the project. 2. Do not approve the change order for consulting services. Without approval, city staff will have limited access to Infor staff and may not complete the project. (Not recommended). OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Office of Management and Budget Development Services 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 $250,000.00 $250,000.00 Encumbered / Expended Amount This item $250,000.00 $250,000.00 BALANCE Fund(s):4670 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Infor Change Order Bentley Change Order Ordinance appropriating $250,000 from the unreserved fund balance in Development Services Fund No. 4670 for implementation of the Infor Community Development Regulation module; amending the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $250,000; and authorizing the City Manager or designee to execute change orders for additional consulting services related to the Infor Community Development Regulation project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Funds in the amount of $250,000 are appropriated from the unreserved fund balance in the Development Services Fund No. 4670 for implementation of the Infor Community Development Regulation (CDR) module. Section 2. The FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 is amended by increasing expenditures by $250,000. Section 3. The City Manager or his designee is authorized to execute change orders for additional and necessary project implementation and consulting services with Bentley Systems, Inc. ($100,000) and Infor ($150,000) for software configuration, testing, validation, and data conversion work related to the Infor CDR project. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor infor CHANGE ORDER INTRODUCTION This Change Order document ("Change Order") is subject to all terms and conditions of the Software Services Agreement (or, if applicable, the Professional Services Agreement) between Infor and Licensee with an Effective Date of May 15, 2013 (the "Services Agreement") and constitutes a change to the Services Work Order identified below by Work Order Number ("Work Order"). All terms of the Services Agreement and Work Order are incorporated herein by reference. Capitalized terms not defined in this Change Order are defined in the Services Agreement or Work Order. In the event of a conflict, the terms of this Change Order control over the terms of the Services Agreement and Work Order. 1.0 CHANGE ORDER Licensee (customer) City of Corpus Christi Project Name ERP Implementation (CDR) Project Number 32381430 Project Manager Hank Suenkel Project Phase Acceptance Test Product(s) IPS (Hansen) 8 Work Order Number Exhibit 16 to Master Contract Change Number CO2015_015 Issue Number N/A Description Infor Public Sector, CDR Project — Go Live date change from January 18, 2016 to June 17, 2016 Requestor Belinda Mercado Identified Date 2/10/16 Prepared By Hank Suenkel 1.1 Preliminary identification and assessment Describe the change in detail Change in the planned go -live date for Infor Public Sector, CDR Project from January 18, 2016 to June 17, 2016. This change also impacts the project budget, and Infor, and City of Corpus Christi resource commitments. Infor resources will provide services required for additional configuration of all applications and interfaced included in the scope of work. Infor will perform unit testing prior to delivery to City and support resolution of issues after turnover. Additionally, Infor resources will provide support to extended testing activities for system test and full scale test milestones and provide leadership, guidance and support to City team in completing remaining pre -Go -Live tasks. Infor will take on certain responsibilities for data conversion to include support extraction from legacy systems, data mapping, data transformation, and load into Infor application. The following shall be included in the scope of data conversion: • Active Building permits • Planning applications • Business and Trade licenses • Tokay backflow device registration records • Healh InspectorHub (included in Change Order number 4) The City team will perform final validation of data within the Infor application. Infor will support the City in review and resolution of issues identified through the converted data. Both parties agree that Code Enforcement Design is complete. Infor will complete the delivery of Code Enforcement module according to Infor deployment model. All remaining configuration, testing, and deployment of Code Enforcement application will be concurrent with completion of the Utility Billing project scheduled for September 1, 2016. The following are revised estimated milestone dates. Detailed project completion plan is provided in the attachment and will be maintained by mutual agreement of the project managers. • M-7 Milestone — System Test, 05/06/16 • M-8 Milestone — Full Scale Test, 05/25/16 ▪ M-9 Milestone — Production Readiness, 06/17/16 • The Go -Live Date shall be June 17, 2016 • M-10 Milestone— Complete Post -Go -Live Support, 07/01/16 ▪ M-11 Milestone— Close Project, 07/21/16 Reason for the change The City made a decision to delay the go -live from January 18, 2016 to June 17, 2016 to allow for additional time to fully test and validate the CDR solution and complete data conversion activities. inFor Change Order (Americas PMO-v5b, Nov. 2012) High level impact assessment Project will timeline will increase by 5 months duration. Infor resources will be engaged to support the City in testing, conversion and go -live activities over the 5 month period. 1.2 Approval for detailed impact analysis (optional) Reviewer Review Date 1.3 Detailed impact analysis Impact on project plan Schedule and Resource constraints Extends the project timeline by 5 months with new go -live date scheduled for June 17, 2016 Target start date for Project Extension January 18, 2016 Impact on resource requirements Infor resources will be engaged to support the City in testing, conversion and go -live activities over the 5 month period Additional risk The project schedule targets the following dates for completion of key activities. Missing these completion dates may require an additional change to the go -live date and result in additional delay and cost to the project. Technical risk associated with environment management. Merger /migration, environment refresh. inFor Change Order (Americas PMO-v5b, Nov. 2012) Impact on project cost Overall Project Budget impact total of $150,000 Payment Milestone Impact The payment milestones will be revised to the following: Stege Payment Mgestone Bloodier Payment Milestones u6etmne Amount Holdback Payment Amount Revised Amount Revised HoldbackPaymentChange Holdback Revised Amount Stems Stege Vie 14-1 Milestone - Project kneeHzetlwl: 5/79,198 64 31791e.6e 1151,241.94 1171,15E1. 117.511.66 1111,241.94 11.00 Cwroeta Supe MU 14-2 Milestone - Inau1 Inc in-•mpe Products in Prc4ect environment.: Sq OC so da 30 20 SO Do so co strop sono Candela Siege V9 142 MSeelone- Project Team Learning: 1117.439,96 110750.90 59E.749.'1e 5107499.96 112.750.19 29674315 50.00 Compels Stege 1111 11.4 u9estone-1rrhWBeta Prototype: 0119.44440 311,944,44 1107499.96 3119,14410 St1.944,M 5107.499.96 14.00 Conpele SIMM V19 W Z S Milestone - PAW Beta Prototype: Heap. Department 119.0 75 S1, 906.59 917.159.77 519.085.75 11-006.51 117,15117 10.00 Complete Siege VIII 205 Gliteatoim - final Prololype: Si79.18880 017,919.66 1161,7439a. 3179.76680 117,916.66 5161243.94 10.05 Compete - Stage H' u 5.5 6leeetone - Final Prototype: Ileh Department 515,254'$0 11525.26 111.727.34' 115,21284 01.525.29 113,727.34 10,02 209141e09 Stage V! W8 ueeatone-Areeptsnee Teat 5188,717-17 516671.72 3150,045.45 0188717.17 119,87172 3150.045.15 10,02 Corollate Stage VW 03-01 Change order 16 carotidal 00.00 10.00 50.011 150,000,20 15,20020 145.000330 150,000.09 Siege YR 14.7 M9e90ne- System Tett 1790.606.05 1119264.41 5171.54145 1206.00020 1201001.00 0160.609.09 19,393.95 Veld 0049194 SugevI 14-0 Milestone - Fug Seale Teat: 1127,270.70 512,707.17 5114.302,63 3150.040.00 115.005.00 1121.000.04 122.929.30 Yew updste0 Stage 1791 14-1 Milestone- Production Readineas 163,135,31 58.3+3,54 557.111.92 5100.200.0 110,000.00 190.010.00 338,484,62 Value updated Svgs 0#1 14-1 :1 Milea1aio - Complete Pos1Go-Live Support 7193.161.12 010.318,18 592,86354 1420,757.15 912,075,78 5108,687.00 917,575.73 V46e updated Stage V51 1-11 108011Pne - Close Prolece 1127.070.71 0127,070 71 3140.757.07 114/73797 113.016-36 Yekm updated Stege V01 IW STAGE707AL 01270707.00 1127.071.71 51270.707.01 11.407470.61. 5141,747.07 51.407.070.63 5750.000,20 Estimated time and costs listed in this Change Order represent a fix fee offer and are in addition to the estimates provided in the original Work Order. Actual project time and cost may vary from the estimates provided. Where a substantial variation from this Change Order is foreseen, both parties must agree in writing to the additional work and document the change in a subsequent Change Order. Other Projects Affected None Who needs to be notified of the change Belinda Mercado, Alex Barabanov, Infor Project Managers, Infor Project Director Comments None infix Change Order (Americas PMO-v5b, Nov. 2012) 2.0 CHANGE APPROVAL / PAYMENT By signing below, Licensee authorizes Infor to proceed with the work set forth in this Change Order and bill Licensee per the payment terms set forth in the original Work Order for any additional Services fees. Please return a signed copy of this Change Order to Infor PSO. THE PARTIES have executed this Change Order through the signatures of their respective authorized representatives. INFOR: Infor (US), Inc. LICENSEE: City of Corpus Christi Signature: Printed Name: Lidsay Pritchard Title: Associate General Counsel Address: 380 St. Peter Street Address: St. Paul, MN 55102 Signature Date: April 7, 2016 inlor Change Order (Americas PMO-v5b, Nov. 2012) Signature: Printed Name: Title: Address: Address: Signature Date: CERTIFICATE OF JNTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Infor (US), Inc. Alpharetta, GA United States Certificate Number: 2016-40195 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 04/14/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. XXX Services related to Utility Billing and CDR contracts 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ELIZABETH A HAMMETT / / , NOTARY PUBLIC - MINNESOTA * dor ,,,eir fie' 0)MY COMMISSION EXPIRES 01/31/2021 Signatu7f authorized agent o 9 ntracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said itq35c)C,A ate, 94 (1,41't/ , this the 1%14: day of fpri 1 , 20 1 6 , to certify which, witness my hand and seal of office. t ?_--re+1 /, -1-Arnrnal. T 5. *Le . As lad-r— 1-s CLtul'.:141re AN,arm.t.1- -1- . gh.10, of officer administering oath Printed name of officer administering oath Title of officer administering o th orms providedy Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645 ��i Bentley F P001849 eB EPR Implementation City of Corpus Christi Laserfiche Integration Change Request Version 01v00 Date 01/27/2016 Page 1 of 5 Change request number C002 Short description Issued by Issue date Status Impact short description Project status Acceptance Bentley project number P001849 The City of Corpus Christi currently utilizes Laserfiche as their enterprise EDMS. After files have finished all necessary processing for Plan Review purposes, they need to be moved to the Laserfiche system for final archive. To accomplish this, a windows Service needs to be created to pull eB data into a specifically formatted XML structure for Laserfiche consumption. The Windows Service will also pull down files related to the requested eB data. All retrieved files and XML will be saved locally to the Windows Service. The windows service will be installed on Corpus Christi local servers. These features were not a part of the scope of services stated in the accepted proposal. This Change Request adds these features. The functionality associated with the integration is described in detail in the long description. Bentley Systems, Incorporated January 27, 2016 Issued Under discussion Accepted Rejected Reason The Laserfiche integration mentioned above and described in detail in the long description will be delivered for the additional fixed fee of $43,750.00. This integration will be delivered as a part of the overall eB EPR Implementation deployment or as a post -deployment implementation. Accomplishing this integration will require additional eB development resources. The City of Corpus Christi deems this enhanced integration essential to project success. Note: Since there is only several weeks required to implement the integration, it is unlikely that the deployment schedule will be affected. The project is in the final development stage, moving into the UAT stage. City of Corpus Christi Bentley Alex Barabanov Gene Mangum <date> January 27, 2016 <signature> CONFIDENTIALITY STATEMENT The contents of this document, including system ideas and concepts, are confidential and proprietary in nature and are not to be distributed in any form without the prior written consent of Bentley Professional Services. Template version 2.00 A-1 Be n tte i im P001849 eB EPR Implementation City of Corpus Christi Laserfiche Integration Change Request Version 01v00 Date 01/27/2016 Page 2 of 5 1 LONG DESCRIPTION OF CHANGE 1.1 REASON Purpose - The City of Corpus Christi currently utilizes Laserfiche as their enterprise EDMS. After files have finished all necessary processing for Plan Review purposes, they need to be moved to the Laserfiche system for final archive. To accomplish this, a windows Service needs to be created to pull eB data into a specifically formatted XML structure for Laserfiche consumption. The Windows Service will also pull down files related to the requested eB data. All retrieved files and XML will be saved locally to the Windows Service. The windows service will be installed on Corpus Christi local servers. These features were not a part of the scope of services stated in the accepted proposal. This Change Request adds these features. Scope — The scope is described in the following bullets: • Bentley will provide a Web Service that will be used to create Laserfiche XML file (defined below), provide access to requested eB files, and data download validation. • Bentley will provide a Windows Service that will provide as a gateway to the Web Service. It will periodically pull call the Web Service to a user configurable folder location. • Bentley is not responsible for Laserfiche operation. • Bentley Windows Service will not communicate directly with Laserfiche. • Bentley will use User Authentication to limit access to Web Service. • Bentley will use HTTPS to communicate between Windows Service and Web Service. • Bentley will not be responsible for securing files and data stored on Corpus Christi servers by the Windows Service. Design Overview - The design will include three primary components. First, a library needs to be created to handle the business logic so that it can be reused if at some point the City wants this process to run in something other than an application service. Next, a web service needs to be created to accept calls from the windows service that will be installed locally and utilize the library that contains the business logic. Lastly, an application service will be built to make calls to the web service as applicable and perform file handling. Deliverables — These are the deliverables: • Web Service to receive calls from local application service and store files (XML and Original) in staging folder • Installable application service to run on Corpus Christi local servers. Dependencies — These are the dependencies: • Corpus Christi must provide a local server and appropriate access for Bentley to install and configure the service CONFIDENTIALITY STATEMENT The contents of this document, including system ideas and concepts, are confidential and proprietary in nature and are not to be distributed in any form without the prior written consent of Bentley Professional Services. Template version 2.00 A-1 Be n tte i im P001849 eB EPR Implementation <BentleyEPR> City of Corpus Christi <Project> Laserfiche Integration Change Request <id>123</id> Version 01v00 Date 01/27/2016 Page 3 of 5 • Corpus Christi must provide resources to handle actual loading of the files into Laserfiche from staging folder • Corpus Christi must provide resources for testing to ensure objectives are met for Laserfiche Integration Configurable Options on Windows Service - • Root staging folder • Document Attribute/Property used for staging folder naming • Hours between runs • Work Batch size Laserfiche XML Structure — The XML Structure is shown here: XML Element Description <BentleyEPR> <Project> <id>123</id> eB Id of Parent Project Document <name>COM-2015-0003 </name> eB Code Property of Parent Project Document <Approval Status>Approved</Approval Status> eB Approval Status Property of Parent Project Document <Class>COMMERCIAL NEW BUILDING</Class> eB Class Property of Parent Project Document <Path>\\ATLEPRSRVI\CORPUserFilesSource\123</Path> Local Path for Parent Project Document <CreateDate>2009-05-22T17:28:00-05:00</C reateDate> <E n d D ate>2009-11-22T17:28:00-06:00</E n d Date> <Title>111 Main St</Title> eB Title Property of Parent Project Document <MetadataDefs> <ApplicationNumber>BLDG-2015- 00001</Application Number> eB Application # Attribute of Parent Project Document <ApplicationType>COM</ApplicationType> eB Application Type Attribute of Parent Project Document <Comments>None</Comments> eB Comments Attribute of Parent Project Document <WorkType>New Construction</WorkType> eB Work Type Attribute of Parent Project Document <SquareFootage>1000</SquareFootage> eB Square Footage Attribute of Parent Project Document <DeclaredValuation>50000 </DeclaredValuation> eB Declared Valuation Attribute of Parent Project Document <ReviewStatus>Closed in Infor</ReviewStatus> eB Review Status Attribute of Parent Project Document </MetadataDefs> </Project> <Files> <File> This section will be repeated for every File in Project structure <Fileld>168</Fileld> eB Id of the file <Docld>456</Docld> eB Id of file's Container Document <Number>PLN-0001</ Number > eB Number property of file's container Document <Filename>La Palmera Storm3.pdf</Filename> <Fi l es i ze>8652</F i t es i ze> <Path>456\168\orig\La Palmera Storm3.pdf</Path> Path to file under Project Path <Creati o n Date>2009-05-22T17:37:00- 05:00</C re ati o n D ate> <Publ is hDate>2009-05-22T17:37:00- 05:00</PublishDate> <CopyName>orig</CopyName> File's Copy Name <Version>1<Nersion> eB Version property of file's Container Document </File> </Files> </BentleyEPR> Process Flow— The process flow is shown here: CONFIDENTIALITY STATEMENT The contents of this document, including system ideas and concepts, are confidential and proprietary in nature and are not to be distributed in any form without the prior written consent of Bentley Professional Services. Template version 2.00 ns m • Ben t�*" P001849 eB EPR Implementation City of Corpus Christi Laserfiche Integration Change Request Version 01v00 Date 01/27/2016 Page 4 of 5 LaserFishe Process eB Data and format to required format and files fist Process Re cpest Reran Result Process Result Save retumedfile Waitfor all process to complete Pull File Data frau eB Request File Reran File Save returned file More Files 4- 1.2 STATUS OF PROJECT The project is in the final development stage, moving into the user acceptance test stage. 1.3 ALTERNATIVES There are no viable alternatives other than the changes described above. 2 IMPACT LONG DESCRIPTION 2.1 TO COST The integration described above will be delivered for the additional fixed fee of $43,750.00. 2.2 TO TIMELINE Since there is only several weeks required to implement the integration, it is unlikely that the deployment schedule will be affected. 2.3 TO WBS WORKPACKAGES The integration will not affect current work packages. This is planned to occur at or post deployment. 2.4 TO DELIVERABLES The integration will either be delivered as a part of the overall eB EPR Implementation deployment or as a post -deployment implementation. CONFIDENTIALITY STATEMENT The contents of this document, including system ideas and concepts, are confidential and proprietary in nature and are not to be distributed in any form without the prior written consent of Bentley Professional Services. Template version 2.00 A-1 Be n tte teL im P001849 eB EPR Implementation City of Corpus Christi Laserfiche Integration Change Request Version 01v00 Date 01/27/2016 Page 5 of 5 2.5 TO TEAM COMPOSITION Accomplishing the integration will require the services of additional eB development resources. 2.6 TO PEP OVERALL No substantial changes will be required to the PEP. The integration will become part of the deliverables. 2.7 TO OTHER DOCUMENTS No substantial changes will be required to other documents. 3 IMPACT OF NOT ACCEPTING THIS CHANGE REQUEST 3.1 TO PROJECT SUCCESS Bentley's understanding is that the City of Corpus Christi deems this integration to be essential to project success. 3.2 TO OBJECTIVES Since the City of Corpus Christi deems this integration to be essential to project success, without it, the overall objectives of the project will not be met. 4 ACCEPTANCE CRITERIA The acceptance criteria for the Laserfiche Integration will be represented in the approved test plan. Payment will be as follows: 80% of the fee when delivered and 20% of the fee upon acceptance. CONFIDENTIALITY STATEMENT The contents of this document, including system ideas and concepts, are confidential and proprietary in nature and are not to be distributed in any form without the prior written consent of Bentley Professional Services. Template version 2.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-40230 Date Filed: 04/14/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bentley Systems, Incorporated Exton, PA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. XXX Implement an Electronic Plan Review solution via Bentley MANAGEservices with integration to the City of Corpus Christi's Hansen v8.3 Dynamic Portal permitting software. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Bentley, Barry Exton, PA United States X Bentley, Keith Exton, PA United States X Bentley, Raymond Exton, PA United States X Bentley, Gregory Exton, PA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LAURIE. L MOYER Notary Public UWCHLAN TWP„ CHESTER CNTY My Commission Expires Oct 22, 291.7 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 1 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. n t `'\J/vl/, Signature of authorized agent of contracting V d C J oy, , this the /'j business entity / 11� �f X l / , day of ,4�" 20 / LG , to certify which, witness my hand and seal � T� of office. _4_,=/.1_, %i �'10� t,,� I� I lc .pie a Signature oto icer adminis ring oath Printed name of officer ad istering oath Title of o er administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 26, 2016 Action Item for the City Council Meeting of May10, 2016 DATE: April 07, 2016 TO: Ronald L. Olson, City Manager FROM: Belinda Mercado, Director of Municipal Information Systems Bmercado@cctexas.com (361) 826-3740 Constance Sanchez, Director of Finance ConsanceP@cctexas.com (361) 826-3227 Change order for additional Professional Services In support of Infor Public Sector (IPS) - Utility Billing Project CAPTION: Motion authorizing the City Manager, or his designee, to execute a change order to the original scope of work in support of the implementation of the Infor Public Sector (IPS) for Utility Billing in the amount of $200,000. PURPOSE: The purpose of this item is to execute a change order for additional Infor consulting services for the Utility Billing Office (UBO) to allow for additional time to complete data transfer from the existing billing system and validate customer account data to include additional testing and validation. BACKGROUND AND FINDINGS: Software currently in use by the Utility Billing Office (UBO) was first installed in 2002 and handles customer accounts, utility billing, and payment processing. The Utility Billing project is the last component that was originally included as in the scope of the Infor ERP solution. In April 2013, council approved the purchase of the Infor ERP product which included Infor Public Sector (IPS) - Utility Billing module. The Infor Utility Billing Project has been in progress for the last year. The original contract included city staff providing all data conversion tasks which has been a challenge. Services are needed by our vendor to allow for additional time in transferring and validating data necessary to complete the project. ALTERNATIVES: 1. Approve the change order for continued consulting services to complete the project. 2. Do not approve the change order for consulting services. Without approval, project must be placed on hold and cannot be completed. (Not recommended). OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Finance Department Office of Management and Budget 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 $2,283,347.01 $2,283,347.01 Encumbered / Expended Amount $1,340,528.09 $1,340,528.09 This item $200,000.00 $200,000.00 BALANCE $742,818.92 $742,818.92 Funding will be from MIS Fund 5210-40470-242-530160. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Infor Change Order CHANGE ORDER INTRODUCTION This Change Order document ("Change Order") Is subject to all terms and conditions of the Software Services Agreement (or, if applicable, the Professional Services Agreement) between Infor and Licensee with an Effective Date of May 15, 2013 (the "Services Agreement") and constitutes a change to the Services Work Order identified below by Work Order Number ("Work Order"). All terms of the Services Agreement and Work Order are incorporated herein by reference Capitalized terms not defined in this Change Order are defined in the Services Agreement or Work Order. In the event of a conflict, the terms of this Change Order control over the terms of the Services Agreement and Work Order. 1.0 CHANGE ORDER Licensee (customer) City of Corpus Christi Project Name ERP Implementation Project Number 32381430 Project Manager Hank Suenkel Project Phase Acceptance Test Product(s) IPS (Hansen) 8 Work Order Number Exhibit 10 to Master Contract, Appendix Change Number CO2015_000 Issue Number 000 Description Infor Public Sector, CIS Utility Billing Project — Go Live date change from October 1512015 to September 11, 2016 Requestor Belinda Mercado Identified Date 2/10/16 Prepared By Hank Suenkel 1.1 Preliminary identification and assessment Describe the change in detail Change in the planned go -five date for Infor Public Sector, CIS Utility Billing Project from October 1st, 2015 to September 1s12016. This change also impacts the project budget, and Infor, and City of Corpus Christi resource commitments. Infor resources will provide services required for additional configuration of all applications and interfaced included in the scope of work. Infor will perform unit testing prior to delivery to City and support resolution of issues after turnover. Additionally, Infor resources will provide support to extended testing activities for system test and full scale test milestones and provide leadership, guidance and support to City team in completing remaining pre -Go -Live tasks. The following are revised estimated milestone dates. Detailed project completion plan is provided in the attachment and will be maintained by mutual agreement of the project managers. • S4-6 Milestone —Acceptance Test, 07/17/16 • S4-7 Milestone — System Test, 07/17/16 • S4-8 Milestone — Full Scale Test, 08/1412016 • 54-9 Milestone — Production Readiness, 9/04/2016 • The Go Live Date shall be Sept 1, 2016 • S4-10 Milestone — Complete Post -Go -Live Support, 10/02/2016 • S4-11 Milestone — Close Project, 10/09/2016 Reason for the change The City made a decision to delay the go -live from October 1St 2015 to September 11t'' 2016 to allow for additional time to fully test and validate the CIS Utility Billing solution and targets the project for the beginning of their quarter. High level impact assessment Project will timeline will increase by 11 months duration. Infor resources will be engaged to support the City in testing and go -live activities over the 11 month period. 1.2 Approval for detailed impact analysis (optional) Reviewer Review Date Infor Change Order (Americas PMO-v5b, Nov. 2012) 1.3 Detailed impact analysis Impact on project plan Schedule and Resource constraints Extends the project timeline by 8 months with new go -live date scheduled for September 1, 2016 Target start date for Project Extension October 15'", 2015 Impact on resource requirements Infor resources will be engaged to support the City in testing, conversion and go -live activities over the 11 month period Additional risk The project schedule targets the following dates for completion of key activities. Missing these completion dates may require an additional change to the go -live date and result in additional delay and cost to the project. Technical risk associated with environment management. Merger /migration, environment refresh. Impact on project cost Overall Project Budget impact total of $200,000 Payment Milestone Impact The payment milestones will be revised to the following: Change Order (Americas PMO-v5b, Nov. 2012) Seeps ParmenlMilestone MiYstone a0m0er Payment Garment. Arrlognt Me14 0011 Payment gel4sed gaviaea Revised AmountMWslene Me146K11 Paymetll Charge Amwr4 AmWrti Tarps glia Sage Vg 54.0 Md/talons- Proiect Iodise/atom 3!7_.25225 55'.25.22 549.42696 5552.`220 70025.27 3+9.72653 00 CD [angle Sage VO 54_ I Milestone.. Initiate LaseroC50 Interface 516.520.00 51582050 IT 5.000.50 00.CC 009525.03 57 CC [soviets Supe V7 5..2 Me40lone - Install the 10 .00pe Products in Project en...coment- 55.95 SC C7 05 00 00.50 SO 55 SC. 30. SCUD Cmryoic Sago VO Sc -.2 Mt1.0tone- 10.5.1. Gas [onag,rebon 579.92205_ 720.522 d0 529.922, DO SD CC 029-522.20 3000 Ce .ate Stage VD 51.3 Miltatene -Protect Team Learning: 733.751.'_2 51.31E 13 529.13510 031.19132 5;331512 523.53409 03 00 [ample. Stags VP 50_ Milestone- Initial Beta Prototype. 535.020 E5 S]?57.+2 335,151.32 535.03445 SIT.5312 513 101.32 SC 00 Canape Sage VP 50.1 Milestone- Final 700101)5001 55:.2`220 5'2`22 5:97x95 5'5.32222 5302022 4.9.72595 50.00 Conies Sage -[.1 Mdea100e- F10101 nololvoa LaOer0r7ne Interface 016.S20 40 518.875 92 015120 DC 00.00 515.02023 5020 Ito chen5c Sage Va 54J2 Milestone - Final Prolmype Goa Configuration _ 51/.909 CP 534,900,00 SN,509. DC 5553 524.550. CO SC 75 Ile [range Stage Va Sae-, Moes tone- Acceptance 1001 S•7.8542; 54.75672 - Sit _020072 - 705 DOD C0. 0S 00000 500,55000 042,11475 Value me0ale1 Supe YM 54%� t Meeatone- Acceptance Test Lee Ca.r.ourenon 534.35550 5210 9119 GC 324.905 0(2 50.09 034 SO0 09 07 00 11, ceange Sage 911 50.77 marlines- System Tete 051,202.20 55.52522 549.722790 5119.20000 511 D0500 009.250.00 5'4.7107.95 Value modeled Stage 1.91 54-9 Mee atone- Furl Soak Test 537,77000 S1.EE2-ail 57..,1;.132 350,83000 05.50 5£3.25050 447.155.20 'fate updated Stg.M 50.0 44409tana- Prnducban 010411003• 517.41740 01.541.74 5»57566 029900 CO S2 `DO OD 022.00000. 55.527.50 Vast updated Scrape VII Sa.00 Meestorte - Complete Poll -Go -Live Support 505457 51 1294475 026 52151 0715429 5%19154 264.753`.'. 5121f055545e 550a0e4 Sage V0 SA -01 ui1cseene _ Close Protect. 034 204 50 70 00 536,534.55 5+1 74709 SO CD 547,753.69 5020.959.09 Vale vpde:t4 STAGE 50250. 0551,72.500 535.5'4.00 1501.720 as 5590:010.91 007,7435? 5595,61091 0222225 DC Estimated time and costs listed in this Change Order represent a fix fee offer and are in addition to the estimates provided in the original Work Order. Actual project time and cost may vary from the estimates provided. Where a substantial variation from this Change Order is foreseen, both parties must agree in writing to the additional work and document the change in a subsequent Change Order. Other Projects Affected None Who needs to be notified of the change Belinda Mercado, Michael I-iemandez, Gloria Posada, Infor Project Managers, Infor Project Director Comments None 2.0 CHANGE APPROVAL / PAYMENT By signing below, Licensee authorizes Infor to proceed with the work set forth in this Change Order and bill Licensee per the payment terms set forth in the original Work Order for any additional Services fees. Please return a signed copy of this Change Order to Infor PSO. THE PARTIES have executed this Change Order through the signatures of their respective authorized representatives. inlor Change Order (Americas PMO-v5b, Nov. 2012) INFOR: Signature: � S Printed Name: ���)say ( (IQ ke./ TitleAssejxk. r'Catn - Address: 380 St. Peter Street Address: St. Paul, MN 55102 Signature Date: 3/3! /r /_ infor Change Order (Americas PMO-v5b, Nov. 2012) LICENSEE: Signature: Printed Name: Title: Address: Address: Signature Date: CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parffes. OFFICE USE ONLY CERTIFICATION OF FILING Name of business entity filing form, and the city, state and country of he business entity's place of business. Infor (US), Inc. Alpharetta, GA United States Certificate Number: 2016-40195 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract or which the form is being filed. City of Corpus Christi 04/14/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. XXX Services related to Utility Billing and CDR contracts Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 A FIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true arid correct. ATH A HATTEUZBEMME --. NOTARY PUBLIC • MINNESOTA / / air F p,Jfi COMMISSION EXPIRES 01/31/2021 Signature 'f authorized age • contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ISS peA Q — 4 Ygyed 0-151-inc,p) this the )41 .-- day of I prl 1 6-1- Ci C , 20 1 to , to certify which, witness my hand and seal of office. )-.) I cull, A N.larn rYLL-1-, g; I i et986744 14 . A mr1).-1-T s -.. iaant- 1--e g ature of officer administering oath Printed name of officer administering oath Title of officer administering aatJ . . mmission www.ethics.state.tx.us Version V1.0.645 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 26, 2016 Action Item for the City Council Meeting of May 10, 2016 DATE: March 21, 2016 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the London Village Subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the London Village Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with property owners of up to 32 lots in the London Village Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-111 of the City Code of Ordinances. Several of the water contracts will be with Mostaghasi Investment Trust, the developer of the subdivision. BACKGROUND AND FINDINGS: Chapter 55, Article VIII, Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Mostaghasi Investment Trust, is currently building homes on several tracts of land outside the city limits. Mostaghasi Investment Trust own properties known as London Village, Block 1, Lots 1-7; Block 2, Lots 1-14, and Block 3, Lots 1-12. When London Village Subdivision was constructed, public waterline was extended to the area and made available to the properties within London Village. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. Mostaghasi Investment Trust has been submitted construction plans to the City for review. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City. London Village was approved by the Planning Commission on December 3, 2014 and recorded in the Nueces County map records on December 4, 2015. London Village is located south of FM 43 between County Road 47 and State Highway 286. As part of the development of the subdivision, a waterline was extended from FM 43 to the subdivision in order to provide public water to the proposed lots. London Village subdivision contains 32 lots. In accordance with Chapter 55, Article VIII, Section 55-111 of the Code of Ordinances, the Council would be required to approve each contract for all of the properties. In order to expedite the contracts and not bog down the City Council, the City Manager or his designee will execute the remaining water service contracts. The future contracts for the properties within London Village would not differ much from the contract with Mostaghasi Investment Trust. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Chapter 55, Article VIII of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ 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 BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Resolution & OCL Water Contract with Exhibit Location Map Resolution Authorizing the City Manager or his designee to enter into outside city limits water contracts with the property owners in the London Village Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or his designee to enter into outside city limits water contracts, an example of which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 32 lots in the London Village Subdivision to provide public water to their respective properties located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Mostaghasi Investment Trust (Owner), whose address is 8026 Bar Le Doc, Corpus Christi, TX 78414, and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: London Village Lot _, Block _, also commonly known by its street address as , Corpus Christi, TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of , 2016. OWNERS: Mostaghasi Investment Trust Hossein Mostaghasi, Owner STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on this the day of 2016, by Hossein Mostaghasi, Owner. Notary Public, State of Texas K:\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCL ECTIVE\723-LONDON VILLAGE, BLOCK 2, LOT 8 (1154 SOUTHAMPTON DRIVE)\JESSICA\SAMPLE OCL WATER CONTRACT -LONDON VILLAGE.DOC Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel McGinn, Interim Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by City Manager or designee, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2016. Julian Grant Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCL ECTIVE\723-LONDON VILLAGE, BLOCK 2, LOT 8 (1154 SOUTHAMPTON DRIVE)\JESSICA\SAMPLE OCL WATER CONTRACT -LONDON VILLAGE.DOC Page 3 of 3 FM 43 HYDE'PARK SOUTHAMPTON London Village 0 0.035 0.07 0.14 0.21 Miles ilk City of Corpus Christi -LOCATION MAP Exhibit "A" Water Contract Location Map PLANNING.CITYLIMITS L J Date Created: 2/24/2016 Prepared By: !vette J. Magallanez Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWater Contracts\London Club EstateslMaps Projected Coordinate System: NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet Projection: Lambert_Conformal_Conic London Village Subdivision Y F-1 CR 26 m:1 11 MIM Willillalm llll11r11� ER, i k A London Village Subdivision Subject Vicinity Map���6a.