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Agenda Packet City Council - 05/10/2016
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 10, 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 ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Chuck Goodwin, Fish for Life Ministries. C. Pledge of Allegiance to the Flag of the United States to be led by Constance Sanchez, Director of Finance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0495 Proclamation declaring May 12, 2016, "American GI Forum Chapter of Texas Stand Up for Veterans 5th Annual Scholarship Awards Banquet". Proclamation declaring May 13, 2016, "Generation Texas Signing Day". Proclamation declaring May 16, 2016, "National Peace Officers' Memorial Day" and May 15-21, 2016, "National Police Officers' Week". Proclamation declaring May 9-14, "National Salvation Army Week". Proclamation declaring May 2016, "Motorcycle Safety and Awareness Month". Corpus Christi Page 1 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 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. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. CITY SECRETARY'S REPORT: (ITEM 2) 2. 16-0524 Designation of Mayor Pro Tem for the May 31, 2016 City Council Meeting. I. MINUTES: (ITEM 3) 3. 16-0497 Regular Meeting of April 26, 2016 Attachments: Minutes - April 26, 2016 J. BOARD & COMMITTEE APPOINTMENTS: 4. 16-0496 Animal Care Advisory Committee Building Code Board of Appeals Coastal Bend Council of Governments Landmark Commission Pipeline Review Panel Reinvestment Zone No. Three Board Corpus Christi Page 2 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 Attachments: Animal Care Advisory Committee.pdf Building Code Board of Appeals.pdf Coastal Bend Council of Governments.pdf Landmark Commission.pdf Pipeline Review Panel.pdf Reinvestment Zone No. 3 Board.pdf 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 5 - 10) 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. 5. 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 6. 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 Corpus Christi Page 3 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 7. 16-0438 Second Reading Ordinance - Change Order for Additional Professional Services For Development Services Infor Community Development Regulation (CDR) Project (1st Reading 4/26/16) 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. Attachments: Agenda Memo - Infor Change Order Ordinance - Infor CDR addl funds vFinal3 20160414 Infor CDR Change Order Form 1295 - Infor CDR Bentley CDR Change Order Form 1295 - Bentley CDR 8. 16-0227 Second Reading Ordinance - Reclassifying 3 positions in the Fire Department (1st Reading 4/26/16) 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 9. 16-0456 Second Reading Ordinance - Accepting and appropriating State Homeland Security Grant funds for terrorism prevention and preparedness (1st Reading 4/26/16). 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. Attachments: Agenda Memo - State Homeland Security Grant Ordinance - State Homeland Security Grant Statements of Grant Awards Corpus Christi Page 4 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 10. 16-0398 Second Reading Ordinance - Consession and Lease Agreement for shoe shine services at Corpus Christi International Airport (1st Reading 4/26/16) 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 M. EXECUTIVE SESSION: (ITEMS 11 - 12) 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. 11. 16-0499 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. 12. 16-0498 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential participation in AEP Texas Central Company rate case regarding application for Distribution Cost Recovery Factor at Texas Public Utility Commission. N. SPECIAL ITEM: PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING TRANSPORTATION NETWORK COMPANIES (TNC) AND VEHICLES FOR HIRE: (ITEMS 13-15) 13. 16-0500 Briefing and Discussion of Vehicle for Hire/Taxi Ordinance Corpus Christi Page 5 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 Attachments: Agenda Memo - Vehicle for Hire/Taxi Ordinance Ordinance - TNC Initiative Ordinance #030788 Redline Presentation - Vehicle for Hire/Taxi Ordinance 5.10.16 Airport Taxi Focus Group TNC QUESTIONAIRRE - Uber TNC QUESTIONAIRRE - Get Me TNC QUESTIONAIRRE - Tride Rideshare 14. 16-0507 Second Reading Ordinance with Council -motioned language regarding vehicles for hire Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; amending Chapter 57 to remove fingerprint requirements for taxi and vehicle for hire driver's permits and providing for severance, publication, penalty, and effective date. Attachments: Agenda Memo - Reconsideration of TNC Ordinance Ordinance - TNC Second reading with Council Direction 15. 16-0508 Discussion and consideration of an ordinance proposed by citizens through initiative proceedings regarding transportation network companies Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. Attachments: Agenda Memo - TNC Initiative Statement of Intent - TNC Initiative 4-15-16 Ordinance - Initiative - TNC 2016 - Final (002) O. PUBLIC HEARINGS: (ITEMS 16 - 20) 16. 16-0472 Public Hearing and First Reading Ordinance - Rezoning property located at 7442 Wooldridge Road Case No. 0316-02 Alex Azali: A change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District. The property is described as being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. Planning Commission Recommendation (April 6, 2016): Denial of the change of zoning from the "RM -1" Multifamily 1 District to Corpus Christi Page 6 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 the "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM-1/SP" Multifamily 1 District with a Special Permit, subject to eight conditions and modifying condition #4. Staff Recommendation: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM-1/SP" Multifamily 1 District with a Special Permit, subject to eight conditions. Ordinance as Recommended by the Planning Commission: Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Alex Azali Ordinance -Special Permit - PC Recommendation Ordinance - Special Permit - Staff Recommendation Location Maps - Alex Azali (Dorsal Dev.) Zoning Report - Alex Azali 17. 16-0473 Public Hearing and First Reading Ordinance - Rezoning property located at 1752 Rand Morgan Road Case No. 0316-04 NP Homes, LLC: A change of zoning from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS -6" Single -Family 6 District and to the "FR" Farm Rural District. The property is described as being a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by NP Homes, LLC on behalf of Double T & C Properties, Corpus Christi Page 7 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS -6" Single -Family 6 District and to the "FR" Farm Rural District, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - NP Homes, LLC Ordinance - NP Homes, LLC Location Maps - NP Homes, LLC Zoning Report - NP Homes, LLC 18. 16-0474 Public Hearing and First Reading Ordinance - Rezoning property located at 4315 Carroll Lane Case No. 0316-05 TG 110 Samuel Place, LP: A change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. The property is described as Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by TG 110 Samuel Place, LP on behalf of HCS 310 LLC ("Owner"), by changing the UDC Zoning Map in reference to Carrollton Annex 3, Block C, from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo -TG 110 Samuel Place, LP Ordinance - TG 110 Samuel Place, LP Location Maps - TG 110 Samuel Place, LP Zoning Report - TG 110 Samuel Place, LP 19. 16-0483 Public Hearing and First Reading Ordinance - Amending the Wastewater Collection System Master Plan for Service Area 5 of the Greenwood Wastewater Master Plan. Ordinance amending the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan Service Area, Area 5, an element Corpus Christi Page 8 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift station basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo - Wastewater Collection Line Master Plan Amendment Ordinance with exhibit - Masterplan Amendment Greenwood WWTP Service Ar Presentation - WW Colllection Line Master Plan Amend-Greennwood Area 5 20. 16-0470 Public Hearing and First Reading Ordinance - Revisions to Chapter 14, Article II, Technical Construction Codes Ordinance repealing and reenacting The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Divisions 1-8: Division 1, "Scope and Administration of Technical Construction Codes," Sections 14-201 thru 14-207. Division 2, "Building Code and Existing Building Code," Sections 14-231 thru 14-232. Division 3, "Electrical Code," Section 14-241. Division 4, "Energy Conservation Code," Section 14-251. Division 5, "Fuel Gas Code," Section 14-261. Division 6, "Mechanical Code," Section 14-271. Division 7, "Plumbing Code," Section 14-281. Division 8, "Residential Code," Section 14-291 Attachments: Agenda Memo - Chapter 14 Revisions Ordinance - Chapter 14 Building Code Presentation - Revisions to Chapter 14 P. REGULAR AGENDA: (ITEMS 21 - 22) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 21. 16-0460 Second Reading Ordinance - Mid -Year Budget Adjustment (1st Reading 4/26/16) 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 Corpus Christi Page 9 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 Attachments: Revised - Agenda Memo - FY 2016 Mid -Year Adjustment Ordinance - FY 2016 Mid -Year Adjustment Exhibit A - Internal Service Rebates Exhibit B - General Liability Insurance Rebate Presentation - Mid Year Budget Adjustment 22. 16-0426 Second Reading Ordinance - Authorizing the sale of 112 foreclosed properties at a tax foreclosure auction (1st Reading 4/26/16) 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 Q. FIRST READING ORDINANCES: (ITEMS 23 - 31) 23. 16-0475 First Reading Ordinance - Accepting and appropriating grant funds for Emergency Medical Service (EMS) operation Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62; and appropriating $2,951.62 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Attachments: Agenda Memo - CBRAC grant Ordinance - CBRAC grant Award Document - CBRAC grant 24. 16-0484 First Reading Ordinance - Approving the sale of parkland 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) Fountain Park (4938 Moody) to Seaside Builders, LLC in amount of $70,000; b) Mt. Vernon Park (5151 McArdle) to Corpus Christi Retail Venture and Corpus Christi Area Council for the Deaf in amount of $1,763,801.90. Corpus Christi Page 10 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 Attachments: Agenda Memo - Sale of Parkland 2 Ordinance - Sale of Parkland 2 Contract - Fountain - Seaside Builders Contract - Mt. Vernon - Corpus Christi Retail Venture Location maps - Fountain and Mt Vernon Parks 25. 16-0435 First Reading Ordinance - Accepting and appropriating funds from a Federal grant for Tuberculosis prevention and control services Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant in the amount of $48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,669, from the No. 1020 General Fund, to provide tuberculosis prevention and control services for the contract period January 1, 2016, through December 31, 2016 for a total project cost of $58,104; and ratifying acceptance of the grant agreement to begin January 1, 2016. Attachments: Agenda Memo - TB Fed. Grant Contract (1-1-2016 to 1-1-2017) (Rev. 5-2-2016 Ordinance - TB PC FED Grant (1-1-2016 to 1-1-2017) Rev. 4-25-2016 Contract - TB PC -FED Tuberculosis Prevention & Control -Federal Grant Contra 26. 16-0372 First Reading Ordinance - Approving an Interlocal Agreement with RTA and execute an Engineering Design Contract for Ayers Street Pedestrian Improvements and Turn Lane Addition (BOND 2014) Ordinance appropriating $80,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $80,000; Authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews and Newnam, Inc. of Corpus Christi, Texas in the amount of $513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project (Bond 2014 Proposition 2). Attachments: Agenda Memo - Ayers Budget - Ayers Street Ordnance - Ayers Street Location Map - Ayers Street Contract - Ayers Street Presentation - Ayers Street Form 1295 Corpus Christi Page 11 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 27. 16-0462 First Reading Ordinance - Appropriating funds to execute the Engineering Construction Contract for International Boulevard Improvements (BOND 2012 Proposition 8) Ordinance appropriating and approving a transfer in the amount of $236,810 from the Unreserved Fund Balance in No. 4612 Airport Operating Reserves Fund to and appropriating in Fund 3018 Airport Capital Reserve Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $236,810; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $236,810 each; and authorizing the City Manager or designee, to execute a Construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $1,683,694.35 for the International Boulevard Improvements project for the Base Bid and Additive Alternate No. 1. (BOND 2012 Proposition 8) Attachments: Agenda Memo - International Blvd BOND 2012 Ordinance - International Blvd Project Budget - International Blvd Location Map - International Boulevard Improvements Bond 2012 Vicinity Map Presentation - International Blvd BOND 2012 Form 1295 Bay 28. 16-0428 First Reading Ordinance - Prohibiting parking on portions of Mestina Street and Artesian Street and changing from two-way traffic to one-way Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Schedule III - Parking prohibited at all times on certain streets by adding designated portions Artesian Street and Mestina Street. Attachments: Agenda Memo - Mestina and Artesian Streets Ordinance - Mestina and Artesian Streets - Revised Location Map - Mestina and Artesian.pdf Presentation - Mestina and Artesian Streets 29. 16-0480 First Reading Ordinance - Interlocal Agreement with RTA and Change Order No. 2 with Bay LTD, for repairs to streets damaged by RTA temporary bus detours Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase Corpus Christi Page 12 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. Bond 2012, Proposition 1. Attachments: Agenda Memo - Staples Change Order 2 Ordinance - Staples Change Order 2 Budget - Staples Street Change Order No. 2 FORM 1295 Project Location Map - South Staples Street from Morgan to Interstate Highway Street Repair Location Map - Staples Street Change Order Presentation - Staples BOND 2012 CO 2 30. 16-0487 First Reading Ordinance - Accepting and appropriating funds for the maintenance of Mirador Outlooks Ordinance accepting $13,000 from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City of Corpus Christi's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; appropriating $13,000 from the unreserved fund balance in the No. 1120 Seawall Improvement Fund; and amending the FY2015-2016 operating budget adopted by Ordinance No. 030620 to increase revenue and expenditures in the No. 1020 General Fund by $13,000 each; and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. Attachments: Agenda Memo - Mirador Maintenance Enhanced Mirador Maintenance Scope of Work Ordinance - Enhanced Mirador Maintenance Legal Memo - Seawall Fund for Miradores 31. 16-0454 First Reading Ordinance - Appropriating funds to reimburse developer for the shared cost to construct Homedale Drive located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Ordinance appropriating $180.48 of interest earned and approving use of $3,379.80 of interest earnings and $27,703.31 of developer deposits in the No. 4730 Infrastructure Fund to reimburse Esteban R. Alaniz for 1/2 street construction cost of constructing Homedale Drive. Corpus Christi Page 13 Printed on 5/9/2016 City Council Meeting Agenda - Final May 10, 2016 Attachments: Agenda Memo - Esteban R. Alaniz-Homedale Addition Units 1 & 2 Deferments Ordinance - Esteban R. Alaniz-Homedale Drive Location Maps - Homedale Addition Unit 4 Deferment Agreements 1 & 2 - Esteban R. Alaniz-Homedale Addition Units 1 & R. FUTURE AGENDA ITEMS: (ITEMS 32 - 33) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 32. 16-0453 Resolution approving a Developer Participation Agreement to reimburse developer for the City's cost to extend Homedale Drive located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Resolution authorizing the City Manager or designee to execute a developer participation agreement with Esteban R. Alaniz, ("Developer"), to reimburse the Developer up to $38,614.71 for the City's share of the cost to extend Homedale Drive, in accordance with the Unified Development Code. Attachments: Agenda Memo - Homedale Add Unit 4 -Esteban R. Alaniz Resolution with Agreement - Homedale Addition Unit 4 Location Maps - Homedale Addition Unit 4 33. 16-0482 Resolution nominating CITGO as a Texas Enterprise Project Resolution nominating CITGO Refining & Chemical Co. L.P. ("CITGO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). Attachments: Agenda Memo - CITGO TEZ Resolution - CITGO TEZ S. BRIEFINGS: (ITEM 34) 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. 34. 16-0489 Water Supply (Discovery) - Texas Water Planning Attachments: Agenda Memo - Water Supply (Discovery) - Texas Water Planning Presentation - Water Supply - Texas Water Planning r2 T. ADJOURNMENT Corpus Christi Page 14 Printed on 5/9/2016 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor David Bendett, Rock City Church. Pastor David Bendett gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Jim Davis, Director of Fleet Operations. Director of Fleet Operations Jim Davis led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley and City Secretary Rebecca Huerta. Present: 8 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 1 - Council Member Brian Rosas E. Proclamations / Commendations: 1. 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". Corpus Christi Page 1 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 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. Mayor Martinez presented the proclamations, a certificate of commendation was presented and the swearing-in ceremony of newly appointed board and committee members was conducted. 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 called for comments from the public. Kim Novak, 2901 W. Surfside Blvd.; Carrie Robertson Meyer, 4401 Gulfbreeze Blvd.; Jennifer Ramos, 201 Surfside Blvd.; Ron Graban, 202 Surfside Blvd.; and Barbara Welder, 202 Reef; requested that an item be placed on the May 17, 2016 Council meeting for discussion and action on the following issues related to the new Harbor Bridge: safety, accountability and equity regarding the design of the new Harbor Bridge on the North Beach side; adjustments to the design plans to create safe ADA, bike and pedestrian access in the area of Beach Avenue; and to seek a solution for the Texas Department of Transportation's (TxDOT) faulty drainage culverts, which flood North Beach. Linda Gibeaut, 410 Southern St., thanked Police Chief Mike Markle, Commander John Houston, and Captain Chris White for pursuing and receiving a grant from the American Society for Prevention of Cruelty to Animals (ASPCA) for transport of animals from Animal Care Services to rescue shelters. John Kelley, 3621 Austin, spoke regarding Item 21, the sale of 112 foreclosed properties, and recommended putting this land in a Community Land Trust to restore neighborhoods and address affordable housing. Abel Alonzo, 1701 Thames, thanked Mayor Martinez for attending the Affordable Housing Summit and spoke in support of affordable housing throughout the City to provide equal opportunity and education to all citizens. Gloria Scott, 4422 S. Alameda, asked the City Council to consider a way to acknowledge Harriet Tubman in Corpus Christi. H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson spoke regarding the following topics: 1) The Solid Waste Single Stream Recycling Program was recognized for Corpus Christi Page 2 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 I. MINUTES: 3. having received an award for their work by the Texas Solid Waste Association. In conjunction with that award, Beautify Corpus Christi honored Solid Waste Operations Program Outreach Coordinator Celina Pulcher with the City Employee of the Year award. 2) Beach Safety Operations has been added to the Reverse Alert Program as hurricane season is approaching. The City has put a lot of emphasis on emergency preparation and emergency management and this added feature can alert citizens about dangers on the beach during bad weather conditions. Citizens are invited to go to www.reversealert.org to sign up for beach notifications. 3) Rain barrels are being sold through April 29, 2016 as a part of the City's conservation efforts. Rain barrels can be purchased for $47.00. Information can be found at www.corpuschristiwater.com. 4) The City of Corpus Christi is partnering with the Corpus Christi Hooks organization and will re -broadcast Hooks baseball games on the City's municipal channel (Channel 20) on Fridays at 9:00 a.m. and Mondays at 7:30 p.m. This partnership will spotlight a local business and bring more viewership to the City's municipal channel. During the month of May, utility bills will include a buy -one -get -one -free coupon for selected home games. Special and Regular Meetings of April 19, 2016 Mayor Martinez referred to approval of the minutes. A motion was made by Council Member Rudy Garza, seconded by Council Member Lucy Rubio, that the Minutes be passed. The motion carried by a unanimous vote. J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 4 - 12) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the public. A council member requested that Item 5 be pulled for individual consideration. A motion was made by Council Member Rubio, seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 4. Resolution approving a Developer Participation Agreement to reimburse developer for the City's cost to extend North Oso Corpus Christi Page 3 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 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. This Resolution was passed on the Consent Agenda. Enactment No: 030824 6. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030825 7. Second Reading Ordinance - Rezoning property located at 14806 Leeward Drive (1st Reading 4/19/16) 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. Corpus Christi Page 4 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 8. 9. 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 ten conditions. Ordinance: 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030826 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 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030827 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030828 Corpus Christi Page 5 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 10. 12. 11. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030829 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030831 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 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030830 5. Authorizing a Service Agreement for Closed Circuit Televised Inspection of Small -Diameter Wastewater Lines Corpus Christi Page 6 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 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. Mayor Martinez referred to Item 5, service agreement for closed circuit televised inspection of small -diameter wastewater lines. Council members and Assistant City Manager Mark Van Vleck spoke regarding the following topics: an explanation of the bidding process; there not being a local firm that could handle the volume of work for this project; methods during the bidding process to actively search for bidders and advertise; and local preference during the bidding process. Council Member McIntyre made a motion to approve the motion, seconded by Council Member Scott. 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 Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 Enactment No: M2016-047 M. EXECUTIVE SESSION: (ITEMS 13 - 14) 13. 14. Mayor Martinez referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining 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. 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. This E -Session Item was discussed in executive session. G. BRIEFINGS: (ITEM 2) 2. **This item will be presented at approximately 1:30** Corpus Christi Page 7 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 Discovery / Discuss - Transportation Network Company Ordinance Reconsideration Mayor Martinez deviated from the agenda and referred to Item 2. Interim Assistant City Manager Jay Ellington stated that the purpose of this item is to continue the discussions regarding the Transportation Network Company Ordinance reconsideration. Interim Assistant City Manager Ellington explained that this item was set for an approximate time in order to hold Skpye interviews with outside local government leaders. However, staff could not confirm those interviews. Interim Assistant City Manager Ellington provided an overview of the following information: the timeline for the 3D process; the questions asked of City leaders for the Skype sessions; the survey questions provided to the TNC providers; responses to City Council's questions from the April 19, 2016 Council meeting including: how the monies received by the City from vehicle -for -hire permits are used, the vehicle -for -hire regulations that local drivers feel are outdated, and the status of a TNC Focus Group; taxicab meter rate comparison; the Corpus Christi Vehicle -for -Hire regulations; a revised TNC discovery spreadsheet including the Corpus Christi initiative; information on the TNC initiative; and a spreadsheet on the vehicle-for-hire/taxi standards. Michael Rojas, representing Get Me, an app for rides and deliveries, spoke in support of Get Me's intent to follow regulations, including fingerprinting, to operate in the City. Council members spoke regarding the following topics: comparison of the trip fare in other cities; use of fare finder to find the rate in College Station, Bryan, and Waco where companies regulate rates; the Corpus Christi TNC initiative; whether the initiative includes an audit process; additional questions and followup discussions with the Taxi Focus Group; whether TNC drivers are currently operating illegally; concern that a taxi cab company is no longer using accessible cabs to transport the disabled community; and the next steps moving forward. City Manager Olson stated that the steps moving forward could be to go through each column on the spreadsheets and give direction on each decision point. Once that information is received, staff can shape an ordinance for consideration. Council Member McIntyre made a motion directing the City Manager to bring back for discussion points on May 10, 2016 a decision tree for the Vehicle -for -Hire ordinance, TNC and taxi, seconded by Council Member Magill. Council members and City Manager Olson discussed the following: the Council's previous motion of direction to bring back an ordinance under which Uber could operate and remove the biometric fingerprinting; the decision to go through the 3D process to provide more details on the decision points; having a master document based on a motion of direction and have a process to make amendments to that ordinance; and the motion of direction not including: the TNC permit fees, the Corpus Christi Initiative, vehicle inspections, and the Airport's compliance regulations. City Manager Olson stated that staff will bring back an ordinance and City Council can make individual amendments to the draft ordinance. Council Member McIntyre rescinded her motion. Council Member Magill rescinded his second. Corpus Christi Page 8 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 Council Member McIntyre asked questions regarding the Corpus Christi Initiative ordinance timeframe and petition process. City Secretary Rebecca Huerta explained that she is planning to meet with the Legal Department to see when the draft ordinance will be ready, but a schedule has not been determined. Assistant City Attorney Buck Brice stated that staff is scheduled to bring back an ordinance at the May 17, 2016 Council meeting. City Secretary Huerta stated that Legal had not made her aware of the timeline for the initiative process. City Attorney Miles Risley stated that Legal is currently working on some clarification issue regarding the City Charter language; the validity of the initiative; and the nationwide background check. City Secretary Huerta stated that she will meet with Legal and provide information to the City Council. N. PUBLIC HEARINGS: (NONE) O. REGULAR AGENDA: (ITEMS 15 - 16) 15. 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 Mayor Martinez referred to Item 15. Interim Director of Municipal Court Terry Teri stated that the purpose of this item is to execute a lease agreement with Wilson Plaza Associates LP, for the operation of the City Detention and Magistration Center. This agreement will incorporate the original lease and the expansion agreement entered into in January 2015, which included the Police Department Safety Vestibule, for a total of 5,503 net rentable square feet. The monthly rental fee will be $7,006.85 for a total annual sum of $84,082.20. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio and Council Member Vaughn Absent: 3 - Council Member McIntyre, Council Member Rosas and Council Member Scott Abstained: 0 Enactment No: M2016-048 16. 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 Corpus Christi Page 9 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 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 16. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its function and implementation. In response to questions raised at the first reading of this ordinance, Mr. McGinn provided information on the proposed text amendments for major utilities. There were no comments from the Council or the public. Council Member Magill made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on second reading 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 Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 Enactment No: 030832 P. FIRST READING ORDINANCES: (ITEMS 17 - 22) 17. 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). Mayor Martinez referred to Item 17. Fire Chief Robert Rocha stated that the purpose of this item is to reclassify three (3) Fire Captain positions to Battalion Chief positions as recommended by the MGT of America Efficiency Study of Fire Department Operations. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and Corpus Christi Page 10 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 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 Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 18. 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 Mayor Martinez referred to Item 18. Deputy City Manager Margie Rose stated that the purpose of this item is to approve a mid -year budget adjustment. Deputy City Manager Rose provided a detailed overview of the four (4) adjustment areas: a reduction of the General Fund revenues by approximately $8,000,000; the rebate of funds from Municipal Information Systems (MIS), Fleet Services and Development Services back to the General Fund in the amount of $1,400,000; the transfer of approximately $312,000 from the General Liability Fund back to various funds as a form of rebate for the property insurance savings; and appropriation of $500,000 for Fleet Services for the purchase of Fire Department equipment. There were no comments from the public. Council members spoke regarding the following topics: concerns with the sales tax revenue shortfalls; the reasons for the reduction of Municipal Court revenues; the savings on fuel and vacant positions; the process should vacant positions need to be filled; the reasons for not using the surplus from Solid Waste; the possibility of having to reduce services if the surplus was used; the use of hybrid sedans by the Fire Department; the cost per hybrid and trade-in values; healthy fund balances helping through challenging times; utilization of the debt service fund; whether any recommendation proposed affects the debt service tax rate; the expected revenue shortfalls for the industrial districts; addressing the vacant positions needed in the Engineering Services Department; a detailed report on the positions impacted; sales tax projections during the budgeting process; areas to improve the budget in FY2017; and amendments to the car allowance, electronics and take-home car policies. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 11 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 19. Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 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 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. Mayor Martinez referred to Item 19. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate State Homeland Security Grant funds for terrorism prevention and preparedness in the amount of $153,145.51. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading 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 Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 20. 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. Mayor Martinez referred to Item 20. Director of Aviation Fred Segundo stated that the purpose of this item is to execute a concession and lease agreement with Carl Walker, owner of Whatchamacaller's Place, for shoeshine services at the Corpus Christi International Airport for a period of 12 months. The shoeshine stand will be located on the first floor of the terminal. For the first six months of the agreement, Mr. Walker will pay 5% of his gross revenue to the Airport as rent for the space he will use. For the last six months, Mr. Walker Corpus Christi Page 12 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 will pay the Airport the 5% or the established minimum annual guarantee, whichever is greater. The revenue generated from this concession is projected to be minimal, with the primary intent being to provide an additional service to Airport customers. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 21. 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. Mayor Martinez referred to Item 21. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the resale of 112 properties at a public auction, the "Sheriffs Sale", to be on June 4, 2016 on the Nueces County Courthouse steps. These properties have been foreclosed upon for failure to pay ad valorem taxes. This ordinance approves an opening bid of no less than 20% of the most recent appraisal value. The value of the opening bid for all properties is $278,980, of which the City could potentially receive its pro rata shares of delinquent property taxes and outstanding paving and demolition liens based on the actual amounts paid for the properties. Ms. Sanchez stated that the City may want to pull one or more of the properties for infill housing. Staff is recommending that the ordinance be approved as presented. If after further review the City would like to pull some of the properties from the sale, a letter must be written to Linebarger, Goggan, Blair & Sampson, L.L.P., before June 4, 2016, listing the properties and the reason. Council Member Garza recused himself from the discussion and vote on this item. City Manager Olson stated that Mr. John Kelley made a good suggestion regarding the development of a Community Land Trust during today's public comment and staff intends to further explore the idea and meet with Mr. Kelley. Council members spoke regarding the following topics: utilization of the Corpus Christi Housing Finance Corporation, the Housing Authority and Habitat for Humanity; a proposed project for Habitat for Humanity; identifying short- and long-term goals; planning a Request for Proposal process prior to putting the properties on an auction list; developing a strategic plan and looking at the private sector for other possibilities; an explanation of the auction process; and providing information at the auction regarding infill incentives. Corpus Christi Page 13 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 1 - Council Member Garza 22. 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. Mayor Martinez referred to Item 22. Director of Municipal Information Systems Belinda Mercado stated that Items 22 and 23 are related projects regarding the Infor software implementation. Both items include additional professional services to complete data migration tasks and validation testing for the migration. The data migration was not part of the original contract and was to be completed using staff resources. Staff has been working on this effort. However, the expertise of the vendor is needed to complete the process. The purpose of Item 22 is to appropriate $250,000 for the implementation of the Infor Community Development Regulation project for Development Services. The purpose of Item 23 is to execute a change order for the implementation of the Infor Public Sector (IPS) for Utility Billing in the amount of $200,000. There were no comments from the public. Council members spoke regarding the following topics: the original costs for Infor; the migration of data from the current system to the new system; the reason the migration was not included in the original price; whether any data has been migrated into the Infor system; whether the cost has anything to do with delay of the migration; outsourcing of the utility bill printing; stuffing of envelopes; and automatic payments online. Council Member Scott 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: 8 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Corpus Christi Page 14 Printed on 5/5/2016 City Council Meeting Minutes April 26, 2016 Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 23 - 24) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff did not have any planned presentations. 23. 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. This item was discussed during Item 22. This Motion was recommended to the consent agenda. 24. Resolution authorizing outside city limit water contracts for properties in London Village Subdivision R. ADJOURNMENT 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. This Resolution was recommended to the consent agenda. The meeting was adjourned at 4:00 p.m. Corpus Christi Page 15 Printed on 5/5/2016 City Of Corpus Christi ANIMAL CARE ADVISORY COMMITTEE BOARD DETAILS SIZE 7 Seats TERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years The Animal Care Advisory Committee advises the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Committee shall be advisory only. DETAILS COMPOSITION CREATION / AUTHORITY MEETS TERM DETAILS It shall consist of seven (7) members. Terms w ill be for three -years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at -large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager or his representative and the Animal Care Services Manager shall serve as ex -officio members of the Committee w ithout vote. The Committee, by majority vote, shall elect its ow n Chairman w ho shall preside at all meetings of the Committee and a Vice -Chairman w ho shall act as president in the absence of the Chairman. The Animal Care Services Manager or his designated representative shall serve as the secretary of the Committee. The Animal Care Advisory Committee is designated as the Animal Shelter Committee required by the Health and Safety Code. Section 2-115, Code of Ordinances. Ord. Nos. 14214 - 2/22/78; 17573 - 4/20/83; 17748 - 7/27/83; 20294 - 5/3/88; 024461 - 5/22/01; 030405 - 1/20/15. 3rd Thursday of every month, 12:30 p.m., Animal Care Facility Conference Room, 2626 Holly. Three-year terms. DEPARTMENT Corpus Christi Police Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION Status District Term Harold Bennett ANIMAL CARE Samantha Person ANIMAL CARE Megan Tisdale Barbara Whitlock ANIMAL CARE ANIMAL CARE ADVISORY COMMITTEE Resigned ADVISORY COMMITTEE Seeking Reappointment ADVISORY COMMITTEE Seeking Reappointment District 1 1 5/31/2017 Animal Welfare/Shelter Member District 5 1 5/31/2016 Community At -Large District 4 Partial 5/31/2016 Community At -Large ADVISORY COMMITTEE Met six-year term limitation District 2 2 5/31/2016 Veterinarian Member Member Chair 60% 6/10 (4 exc.) 80% 8/10 (2 exc.) Mark Phillips ANIMAL CARE ADVISORY COMMITTEE Active District 2 1 5/31/2017 Community At -Large Member Cheryl Martinez ANIMAL CARE ADVISORY COMMITTEE Active District 1 2 5/31/2018 Animal Welfare Vice -Chair Megan Winn ANIMAL CARE ADVISORY COMMITTEE Active District 5 2 5/31/2018 Community At -Large Member Name Animal Care Advisory Committee Members May 10, 2016 Four (4) vacancies with terms to 5-31-17 and 5-31-19 representing the following categories: 1- Animal Welfare/Shelter Representative, 2- Community At -Large and 1 - Veterinarian. (Note: Staff is recommending the realignment of Samantha Person (Community At -Large) to the Animal Welfare/Shelter category.) Animal Care Advisory Committee Applicants May 10, 2016 111111111101 District ' Work Address 1! Work Phone Sara Andux ANIMAL CARE ADVISORY COMMITTEE District 5 COVANCE RESEARCH PRODUCTS Veterinarian or At -Large P.O. Box 549 Alice TX 361-227-4109 Linda A. Gibeaut ANIMAL CARE ADVISORY COMMITTEE District 2 At -Large Louis Hoelscher ANIMAL CARE ADVISORY COMMITTEE District 3 Emma Brenae Price ANIMAL CARE ADVISORY COMMITTEE District 4 STEWART TITLE Tommy Watson, Jr. ANIMAL CARE ADVISORY COMMITTEE District 1 SOUTHERN CYCLES At -Large Local Animal Welfare Organization or At -Large 5102 HOLLY RD., STE. B CORPUS CHRISTI TX 361-985-6336 At -Large BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 24, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dr Sara Andux Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE Street Address Suite or Apt City District 5 State Postal Code What district do you live in? Primary Phone Alternate Phone Covance Research Products Clinical Veterinarian PO Box 549 WorkAddress - Street Address and Suite Number Alice WorkAddress - City TX WorkAddress - State 78332 WorkAddress- Zip Code 361-227-4109 Work Phone sara.andux@covance.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Education: 1) Doctor of Veterinary Medicine [DVM], North Carolina State University, College of Veterinary Medicine, Raleigh NC. 2) Doctor of Philosophy, Molecular and Cellular Biology [PhD], University of Medicine and Dentistry of NJ, Graduate School of Biomedical Science, Stratford NJ. 3) Masters of Nonprofit Management [MNM], Regis University, College of Professional Studies, Denver CO. 4) Bachelor of Science, Animal Science [BS] Rutgers University, Cook College, New Brunswick NJ. Professional and Community Activities: Veterinarian, Relief Veterinarian. Registered Voter? • Yes Q No Current resident of the city? Yes Q No 1 If yes, how many years? AnduxBoard resume.docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Ethnicity Female Gender Verification City Code Requirement IAgree Consent for Release of Information Z IAgree Oath IAgree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Veterinarian SARA ANDUX, PhD, DVM OBJECTIVE Seeking a Board position on the Animal Care Advisory Committee, City of Corpus Christi, TX. EDUCATION Doctor of Veterinary Medicine [DVM] North Carolina State University, College of Veterinary Medicine, Raleigh NC Focus Area: Laboratory Animal Medicine Doctor of Philosophy, Molecular and Cellular Biology [PhD] University of Medicine and Dentistry of NJ, Graduate School of Biomedical Science, Stratford NJ Dissertation: "The effects of aging and apoptosis on oocyte quality in Caenorhabditis elegans females." Masters of Nonprofit Management [MNM] Regis University, College of Professional Studies, Denver CO Graduate certificate in Program Management Certificate in Humane and Environmental Studies Bachelor of Science, Animal Science [BS] Rutgers University, Cook College, New Brunswick NJ Focus Area: Laboratory Animal Science PROFESSIONAL LICENSES Veterinarian, Texas State Veterinary Medical Board Veterinarian, North Carolina State Veterinary Medical Board Accredited Veterinarian, U.S. Department of Agriculture, Animal and Plant Health Inspection Service Laboratory Animal Technologist, American Association for Laboratory Animal Science Animal Control Officer, New Jersey State Department of Human Services CURRENT MEMBERSHIPS IN PROFESSIONAL ASSOCIATIONS 2016 — Present American Veterinary Medical Association 2014 — Present American Association for Laboratory Animal Science 2014 — Present Association of Primate Veterinarians 2013 — Present American Society of Laboratory Animal Practitioners PROFESSIONAL WORK EXPERIENCE 2015 -present Clinical Veterinarian II Covance Research Products, Alice TX 2014-2015 Adjunct Teacher, General Biology 2013-2015 Forsyth Technical Community College, Winston Salem NC Veterinary Clinical Resident, Laboratory Animal Medicine Wake Forest School of Medicine, Department of Comparative Medicine, Winston-Salem NC 2009-2013 Nature Instructor, multiple topics City of Raleigh, Department of Parks & Recreation, Raleigh NC 2001-2004 Laboratory Animal Technologist Wyeth Research, Princeton NJ 2000-2001 Animal Husbandry Associate Fort Dodge Animal Health, Princeton NJ 1998-2000 Animal Caretaker Animal Welfare Association, Voorhees NJ 1999 Animal Trainer, Hollywood Animal Action Show Six Flags Great Adventure, Jackson NJ PROFESSIONAL MEETINGS AND TRAINING COURSES 2015 High Volume High Quality Spay Neuter Surgical Training, Asheville NC Workshop in Laboratory Animal Medicine, Raleigh NC 2014 Meeting the Requirements of the Animal Welfare Act, Beltsville MD American Association for Laboratory Animal Science, San Antonio TX 2013 Workshop in Laboratory Animal Medicine, Raleigh NC Enrichment Leadership Exchange, Winston Salem NC 2012 American Association for Laboratory Animal Science Tribranch Symposium, Atlantic City NJ 2008 C. elegans Development and Evolution Meeting, Madison WI 2007 International Worm Meeting, Los Angeles CA 2006 C. elegans Development and Evolution Meeting, Madison WI ADDITIONAL CLINICAL VETERINARY EXPERIENCE 2016 -present Relief Veterinarian, The Cattery Cat Shelter and Mobile Clinic, Corpus Christi TX 2016 -present Relief Veterinarian, Gentle Doctor Texas PC, San Antonio TX 2015 High Volume High Quality Spay Neuter Surgical Training, Asheville NC 2014-2015 Shelter Veterinarian, Animal Adoption and Rescue Foundation, Winston Salem NC BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Linda A Gibeaut Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE Street Address Suite or Apt City District 2 State Postal Code What district do you live in? Primary Phone Alternate Phone Employer Job Title WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Work Phone Igibeaut@gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some college, extensive volunteer history with PTA's in Austin, TX, volunteer at various events for animals, volunteer for various transport groups to pull animals from kill shelters Registered Voter? QQ Yes Q No Current resident of the city? Qi Yes Q No 3 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Other Female Gender Verification City Code Requirement IX I Agree Consent for Release of Information XI IAgree Oath V IAgree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Louis First Name Email Address MiddIe Initial Hoelscher Las Name Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, CABLE COMMUNICATIONS COMMISSION Street Address District 3 What diarict do you live in? Primary Phone Employer WorkAddress - Strew Address and Suite Number WorkAddress- City WorkAddress - Slate WorkAddress- Zip Code wimaimmi Alternate Phone 1eh Tire Suite arApt Slat* Postal Code Work Phone WcrkE-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) RETIRED FROM THE CITY OF CORPUS CHRISTI PRESIDENT OF CATHOLIC LIFE INSURANCE LOCAL BRANCH 35 PAST PRESIDENT OF GARDENS CONDO HOMEOWNERS ASSOCIATION AND FOXFIRE CONDO HOMEOWNERS ASSOCIATION EUCHARISTIC MINISTER AT MOST PRECIOUS BLOOD CATHOLIC CHURCH AND THE PALMS NURSING HOME Registered Voter? •Yes ONo Current resident of the city? pp Yes O No If yes, how many years? Upload a Resume Please upload any additional sipponing documents Demographics CaucasiarVNon-Hispanic Male Gender Verification City Code Requirement ® lAgree Consent for Release of Information ® !Agree Oath ig lAgree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Local Animal Welfare Organization ❑ Veterinarian ❑ Animal Shelter Operator ( None of the Above BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 08, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Emma First Name Email Address Brenae Price Middle Last Name Initial Suffix Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE Street Address Suite or Apt City District 4 State Postal Code What district do you live in? luggimmage Primary Phone Alternate Phone STEWART TITLE 5102 HOLLY RD., STE. B WorkAddress - Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 WorkAddress- Zip Code COMMITMENT GENERATOR Job Title 361-985-6336 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATED FROM TAMUCC WITH A BACHELOR'S DEGREE IN FINE ARTS. I REGULARLY VOLUNTEER WITH THE CATTERY CAT SHELTER. I HAVE WORKED AT STEWART TITLE FOR 2 YEARS AND OUR OFFICE PARTICIPATES IN VARIOUS COMMUNITY SERVICE EVENTS EACH YEAR. Registered Voter? S Yes Q No Current resident of the city? Qi Yes Q No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement V IAgree Consent for Release of Information IAgree Oath IAgree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Local Animal Welfare Organization BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 24, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Tommy First Name Email Address Watson, Middle Last Name Initial Jr. Suffix Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City District 1 What district do you live in? Primary Phone Alternate Phone SOUTHERN CYCLES SELF-EMPLOYED State Postal Code Employer Job Title WorkAddress - Street Address and Suite Number WorkAddress- City WorkAddress - State WorkAddress- Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON TRANSPORTATION ADVISORY COMMITTEE, FOOD SERVICE ADVISORY COMMITTEE AND PARKS AND RECREATION ADVISORY COMMITTEE. Registered Voter? Qi Yes QNo Current resident of the city? QQ Yes Q No 66 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information 1>4 IAgree Oath IX IAgree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Fl None of the Above City Of Corpus Christi BUILDING CODE BOARD OF APPEALS BOARD DETAILS SIZE 7 Seats TERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years The Building Code Board of Appeals (BCBOA) shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction and, consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the BCBOA shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. DETAILS COMPOSITION CREATION / AUTHORITY MEETS Seven (7) members appointed by the City Council for two-year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at - large from the building industry, and one member not connected w ith the building industry. Quorum shall require four (4) members. The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. Ordinance No. 12604 as amended by Ordinance No. 13554; (Sec. 1, City Code amending Sec. 111, Standard Building code, 1985 Edition); Ordinance No. 021208 - 8/06/91; Ordinance No. 028665-6/29/10, Ordinance No. 029726 1/15/13. Once quarterly, on the 3rd Thursday of the month in w hich called, 1:30 p.m., Frost Bank Building, Fire Departments Conference Room, 3rd Floor; and on call as deemed necessary. TERM DETAILS DEPARTMENT Two-year staggered terms. Development Services COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION Building Code Board of Appeals Members February 9, 2016 Four (41 va44ndet with terms to 5/0/18 representlng the t011owIne categories: 2 - Building Industry. 1- Engineer and 1- Not Connected with Building Industry. Name Bawd Name Status District Tars Erd Date Cate :o :Position :Attendance Ray loon BUILDING CODE BOARD OF APPEALS Seeking reappointment District 4 2 05/04/16 Building Industry Robert linowies PE. BUILDING COD[ BOARD OF APPEALS Seeking reappointment District 4 1 05/04/16 Engineer Member 100% 0/4 Member 100% 4/4 Steven McClure, Sr BUILDING CODE BOARD OF APPEALS Seeking reappointment District 4 1 05/04/16 Not Connected with Building Induwv Member 15% 3/4 frac ) Ramiro Munoz 111 BUILDING CODE ROAR° OF APPEALS Seeking reappointment DISDNt 5 1 05/04/16 Building Industry VKe.Chalr 100% 4/4 Chun Ana<to< BUILDING CODE BOARD OF APPEALS Active District 2 2 05/04/11 ANhnact ChairRandy Farrar BUILDING (UDF BOARD OF APPEALS Active dmictS 2 OS/Di/IJ Building industry Mombor Garry M. Camp BUILDING CODE BOARD OF APPEALS Active District S 1 05/04/11 General Contractor Member Building Code Board of Appeals Applicant May 10, 2016 (Note: There are no applicants for this board. The City Secretary's Office does year-round recruitment for all board, commission and committees, however, no one has applied.) Name Boards A• • I in: For District Work Address Work Phone City Of Corpus Christi COASTAL BEND COUNCIL OF GOVERNMENTS BOARD DETAILS SIZE 13 Seats TTERM LENGTH 2 Years OVERVIEW TERM LIMIT N/A 4 l�q DETAILS COMPOSITION CREATION 1 AUTHORITY MEETS TERM DETAILS The Coastal Bend Council of Governments shall prepare and recommend to participating local governments urban, metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. City shall appoint nine (9) members for tw o years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. Ordinance No. 8246, Motion M83-0391 - 7/20/83. Ch. 391, Texas Local Government Code 4th Friday, 2:00 p.m.; Council of Government (COG). Tw o -year terms. DEPARTMENT SUBCOMMITEE AGENDA /INFO Coastal Bend Council of Governments Coastal Bend Council of Governments Members May 10, 2016 Two (2) vacancies with terms to 4-30-17 representing the following categories: 2 - members. (Note: City Manager Ron Olson is recommending the new appointments of Jay Ellington, Interim Assistant City Manager and Pat Veteto.) illna Term End Date Position Gustavo Gonzalez Bill Hennings COASTAL BEND COUNCIL OF GOVERNMENTS Resigned 1 04/30/17 Member COASTAL BEND COUNCIL OF GOVERNMENTS Mr. Hennings passed away. 3 04/30/17 Member Michael T. Hunter COASTAL BEND COUNCIL OF GOVERNMENTS Active Partial 04/30/17 Member Richie Quintero COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Member Mark Scott COASTAL BEND COUNCIL OF GOVERNMENTS Active 3 04/30/17 Member Nelda Martinez COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Member Ronald Olson COASTAL BEND COUNCIL OF GOVERNMENTS Active 3 04/30/17 Member Tom Tagliabue COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Member Colleen McIntyre COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Member Lawrence Mikolajczyk COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Alternate Rebecca Huerta COASTAL BEND COUNCIL OF GOVERNMENTS Active 1 04/30/17 Alternate Pat Eldridge COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Alternate Margie Rose COASTAL BEND COUNCIL OF GOVERNMENTS Active 1 04/30/17 Alternate BIOGRAPHICAL INFORMATION FORM FOR A CRY BOARD, COMMISSION OR COMMITTEE FOR THE Profile .17 Prefix Flys Name Middle initial Las Name JJ Izl Z. L"Ai\ Email Address Suffix Which Boards would you like to apply for? c Gtr Street Addrez City � 4 7t��_ ZiCI Suite orApt State -uaun +..uue What district do you live in? ".z. z� Printery Phone LTA �Ilj4l u =r0) Ai/ Employer nZo 1)T WorkAddrem Street Address and 5ule Number WorkAddres- City WorkAddress - State WorkAddress- Zip Code Ai Female Phone r`GSIl.I� Job Title WorTcPNone _ 3&0-21i f Lit/6,Go�r1 Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N 0 Education, Professional andior Community Activity (Present) '=X Ad, 7Ft5�J1c .°AL Atef 5z4 S 73674 Registered Voter? Yes 0 N Current resident of the city? es 0 N If yes, how many years? Upload a Resume Please upload any additional srpponing documents Demographics Ethnicity Gender Verification City Code Requirement I Agree Consent for Release of information arAgree Oath 31Agree Board -specific questions (if applicable) PATRICK D. VETETO, P.E., R.P.L.S. Vice President Education 1974, BS, Civil Engineering, Texas A & M University Professional License Professional Engineer, Texas #56463 Professional Land Surveyor, Texas #2116 Professional Memberships Texas Council of Engineering Companies — Past CC Chapter Board/President American Society of Civil Engineers - Past CC Chapter Board/President Texas Society of Professional Engineers — CC Chapter PEPP Chairman Texas Society of Professional Land Surveyors Summary of Qualifications Mr. Veteto is a registered professional engineer and a registered professional land surveyor in Texas. He has a strong background in public works including boundary surveying, platting, zoning regulations, land development, sanitary sewer collection and lift station systems, pavement design, water storage facilities, water distribution systems and major drainage facilities. Specialized experience includes structural condition assessments, dam safety investigations and above and underwater bridge inspections and major marine facility inspections. Other specialized experience includes design and management of homeland security improvements including barriers and entrance gates, video surveillance systems, radar surveillance systems, and access control systems. Project Experience PAVING AND SITEWORK The Lakes Unit 6, Corpus Christi Land Venture, Inc., Corpus Christi, TX: Project Manager for design of Yorktown Boulevard from Staples to Everhart, a 4 lane arterial street with divided median. One mile section including underground drainage collection system outfalling to a major open channel, and a major box culvert bridge crossing at the channel. Grid main 12 inch water loop and sanitary sewer collection system with services to adjacent commercial properties. Solomon P. Ortiz International Center, Richter and Associates Architects, Corpus Christi, TX: Project Manager for design of city street extension and parking facilities to serve Port of Corpus Christi Terminal facility. Included water grid main extension, sanitary sewer collection system and lift station, underground drainage collection system and pavement marking and signage. UA Engineering, Inc. 1 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. Field House Addition, Calallen Independent School District, Corpus Christi, TX: Project Manager for design of site paving, surface drainage improvements, water distribution and fire line, and sewer collection with on site lift station. Football Stadium, Calallen Independent School District, Corpus Christi, TX: Project Manager for design of site improvements for athletic facility. Track and field layout, field and track grading, controlled fill, parking, drainage, water and sewer. High School Complex Addition, Tuloso-Midway Independent School District, Corpus Christi, TX: Project Manager for sitework design for new high school. Parking, grading, drainage, water and sewer. Grading and drainage for football stadium, and baseball field. Access street, bridge and open channel drainage improvements. Bus Loading Zone, Riviera Independent School District, Riviera, TX: Project Manager for design of bus loading zone layout, paving and drainage. Chandlers Mill Apartment, Trammell -Crow, Corpus Christi, TX: Project Manager for design of paving and drainage for multi -unit apartment complex. Hampton Port Apartments, Private Developer: Project Manager for design of paving and drainage for multi -unit apartment complex. Rafters Apartment, Ryan Land and Cattle, Corpus Christi, TX: Project Manager for design of paving and drainage for multi -unit apartment complex. Sandcastle Condominiums, Private Developer: Project Manager for design of paving, drainage and site utilities for multi -unit condominium. Pavement Evaluation, Landlord Resources, Inc., Corpus Christi, TX: Project Manager for field condition assessments and testing to determine cause of pavement failure and remediation plan for various shopping centers. Corpus Christi Naval Air Station, Fairbairn Electric Company, Corpus Christi, TX: Project Principal for Design -Build Team for parking apron expansions for training aircraft at Corpus Christi NAS and Orange Grove Auxiliary Landing Field. Project included concrete paving, underground drainage, power and lighting improvements. Laguna Shores Roadway, City of Corpus Christi, Corpus Christi, TX: Project Principal for reconstruction design of urban collector roadway along Laguna Madre Shoreline. Roadway widened to accommodate increased traffic and elevated with embankment to provide for continuous passage during high tide events. Project required a USACE permit for wetland fill, including a mitigation plan. Waldron, Mediterranean and Glenoak Drive Improvements, City of Corpus Christi, Corpus Christi, TX: Project Principal for design of paving, drainage, utility and accessibility improvements for three urban collector roadways. Project included HMAC overlays, underground drainage extensions, waterline extensions, sidewalk and intersection accessibility improvements and traffic signal improvements. Corpus Christi International Airport Entrance Road and Parking, City of Corpus Christi, Corpus Christi, TX: Project Manager for design of entrance road widening and parking lot expansion. Project included roadway and parking lot geometric design, roadway reconstruction and HMAC overlay, bridge culvert UA Engineering, Inc. 2 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. expansion, underground drainage extensions, parking lot expansion, new primary waterline loop, roadway and parking lighting and signage, parking access control, landscaping and irrigation. Sidewalk Accessibility, City of Corpus Christi, Corpus Christi, TX: Project Principal for design of improvements to sidewalks, intersection ramps and street crossings to comply with ADA and TDLR accessibility rules along 3 major arterial roadways. Project included an extensive field survey of sidewalk and ramp slopes and design of replacement and upgrades. Joe Fulton International Trade Corridor, Naismith Engineering/Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for civil portion of team to design a two lane highway and rail corridor along an approximate 5 mile section of the Port of Corpus Christi Inner Harbor. RVE involvement included design of one section of an intersecting roadway, design of all drainage improvement for the eastern half of the roadway project, and design of a steel sheet pile retaining wall along a section of the roadway adjacent to a turning basin in the inner harbor. Bond Issue 2008 Projects, City of Corpus Christi, Corpus Christi, TX: Project Manager for project scoping and estimating for 10 arterial and collector streets totaling 41,350 linear feet. Work included determination of existing conditions based on mapping of surface and underground improvements, field verification of existing conditions, determination of proposed improvements to meet projected traffic volumes and Master Transportation Plans, preparation of existing condition and proposed improvement drawings, and preparation of detailed design, construction, and testing estimates for each street. Components included pavements, curbs, sidewalks, storm water, wastewater, water, gas, land acquisition, wetland mitigation, traffic controls and signalization, regulatory permitting and construction phasing. Total cost estimate: $112,000,000. City Wide Street Improvements, City of Alice, Alice, TX: Project Principal overseeing a multi street repair and overlay design project in the City of Alice. Initial project required an initial evaluation of 8 streets with repair alternatives and alternative cost estimates. Final design required organizing bid packages to match funding restrictions. LAND DEVELOPMENT Bramble Bush, Private Developer: Staff Engineer for design of 30 -acre residential subdivision in Victoria, Texas. Layout, streets, drainage, sewer and water. Woodlands, Vrazel Real Estate, Mission, TX: Staff Engineer for design of 100 -acre country subdivision in Mission, Texas. Survey, layout, street, drainage, and bridge structures. Highland Oaks, Zarsky Builders, Corpus Christi, TX: Staff Engineer for design of 40 acre residential and townhouse subdivision in Corpus Christi, TX. Streets, drainage, water, sewer. Brighton Village, Private Developer: Project Manager for design of 60 -acre residential subdivision in Corpus Christi, TX. Streets, drainage, water, sewer, off-site open channel, bridges, and pipeline adjustments. Buckingham Estates, Tucker Developer, Corpus Christi, TX: Project Manager for design of 100 -acre residential planned unit development in Corpus Christi, TX. Master planning, streets, alleys, drainage, water, sewer, and off-site open channel. UA Engineering, Inc. 3 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. Hunters Point, Tri-Star Developer, Corpus Christi, TX: Project Manager for design of 50 -acre residential subdivision in Corpus Christi, TX. Streets, drainage, water, sewer, and off-site open channel. Sugar Ridge, J.R. Ewing/E.H. Moore, Corpus Christi, TX: Project Manager for design of 50 -acre residential subdivision in Corpus Christi, TX. Streets, alleys, drainage, water, sewer, lift station, and off- site open channel. Huntington Park, Hunt Development, Corpus Christi, TX: Project Manager for design of 20 -acre residential subdivision in Corpus Christi, TX. Streets, drainage, water, sewer. 4700 Ocean Drive, Private Developer: Project Manager for design of 10 acre planned unit development in Corpus Christi, TX. Master planning, street, drainage, water, and sewer. The Lakes, Corpus Christi Land Venture, Inc. and Tucker Family Investments, Corpus Christi, TX: Project Manager for design of 400 -acre master planned residential subdivision. Master planning, man made lakes, FEMA Flood Plain planning, wetlands identification, structural fill control, street, alleys, water, sewer, and lift station. Kings Crossing, Corpus Christi Land Venture, Inc., Corpus Christi, TX: Project Manager for design of 700 -acre master -planned residential subdivision. Master planning, golf course, man made lakes, FEMA Flood Plain planning, wetlands identification, bridges, golf cart tunnels, streets, drainage, water, sewer and lift stations. Purdue Place, Corpus Christi Land Venture, Inc., Corpus Christi, TX: Project Manager for preliminary design of 20 -acre residential subdivision. Survey, layout and cost estimates. Union Station: Project Manager for preliminary design of 100 acre, 1 acre lots, residential subdivision. Survey, layout and cost estimates. Lokey Tract, Advantage Public Storage, Corpus Christi, TX: Project Manager for design of 7.0 -acre industrial subdivision with street, water, sewer and drainage improvements for mini -storage building use. Spring Estates, Gary L. Martin, Corpus Christi, TX: Project Manager for design of 5 -acre residential subdivision with street, water, sewer and drainage improvements. Passport Shores, 628 Development Company, Corpus Christi, TX: Project Manager for preliminary design of a residential waterfront subdivision. Project creates waterfront lots and marina by dredging an upland site adjacent to the Gulf Intracoastal Waterway. Work includes USACE permitting for wetland fill, mitigation planning, platting, roadways, underground drainage, water distribution lines, sewer collection lines, sanitary sewer lift station and force main, boat docks and floating marina. Botanical Gardens, Mark Bratton, Corpus Christi, TX: Project Manager for design of a large lot residential subdivision. Project included platting, zoning, streets, underground drainage, and water distribution. Lakes Northwest, El Diamante Associated, LLC, Corpus Christi, TX: Project Manager for design of a residential subdivision with waterfront lots. Man made water feature combined with a series of detention ponds that provide for 100 year storm storage and release. Project included platting, zoning, UA Engineering, Inc. 4 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. streets, water distribution, sewer collection, sewer lift station and force main, and TxDOT coordination and permitting. Kitty Hawk, Ann and John Bratton, Corpus Christi, TX: Project Manager for large lot residential subdivision. Project included platting, zoning, drainage master planning, streets, underground drainage, surface drainage with master plan drainage channel, water distribution, and TxDOT coordination and planning. Legends of Diamante, JJAR Development Company, Corpus Christi, TX: Project Manager for design of residential subdivision. Project included platting, zoning, streets, underground drainage, sewer collection and water distribution. Winghaven Estates, Bobby and Debra Wall, Port Aransas, TX: Project Manager for preliminary design of a residential subdivision with waterfront lots. Project will include platting, streets, underground drainage, sewer collection, and water distribution. Waters Edge at Kitty Hawk, John Bratton, Corpus Christi, TX: Project Manager for design of a residential estate lot subdivision with a man made lake. The improvements required a drainage system that flowed through the lake with an outlet structure designed to maintain the design lake level, and pass the design storm when required. DRAINAGE Master Plan Channel 29, Maurice Hunsaker, et.al., Corpus Christi, TX: Project Manager for design of 7,000 -foot open channel outfall serving residential and commercial acreage. Required C.O.E. permitting and wetlands identification. Master Plan Channel 32, Mark Bratton, et.al., Corpus Christi, TX: Project Manager for design of 15,000 - foot open channel outfall serving residential and commercial acreage. Required C.O.E. permitting and wetlands identification. Tranquitas Creek, City of Kingsville, Kingsville, TX: Project Manager for design of drainage channel liner. C.O.E. permitting and wetlands mitigation. Robstown Drainage Improvements, Nueces County, Robstown, TX: Project Manager for design of Texas Department of Commerce funded residential drainage project. Golf Course Drainage Improvements, Kings Crossing Golf and Country Club, Corpus Christi, TX: Project Manager for development of concepts for drainage enhancements, additional dredging, lakes and underground piping for 18 -hole golf course. Sonic Drainage Study, Greats, Inc., Corpus Christi, TX: Project Manager to study effects of Sonic Drive In development on adjacent property drainage. Project involved site survey, drainage routing and 3D model preparation for use in expert witness testimony. UA Engineering, Inc. 5 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. MASTER PLANNING Calallen High School, Calallen Independent School District, Corpus Christi, TX: Project Manager for conceptual layout of high school facility. Parking, football stadium, gymnasium, field house, administration building, drainage, water and sewer. Toll Road, Ford, Bacon and Davis Technologies: Project Manager for a site assessment and feasibility study for 50 km toll road in central Mexico. Clement Cove, Clement Cove Harbor Company: Project Manager for preparation of land use plan and harbor development plan for chartered harbor company. Port Mansfield, Willacy County Navigation District: Project Manager for a master conceptual land use plan including USACE permitting and wetland enhancement. Harbor Island, Port of Corpus Christi Authority, Corpus Christi TX: Member of planning team to investigate highest and best use of waterfront property along Intracoastal Waterway. Harbor Towne, City of Aransas Pass/Hal Jones Development, Aransas Pass, TX: Project Manager for planning and preliminary design of a 100 acre master planned multi use facility including single family waterfront homes, townhomes, multi story condominiums, retail, and entertainment venues. Project includes design of streets, drainage, wastewater collection and pumping systems, water distribution, platting, and USACE permitting. SEA District Plan, City of Corpus Christi, Corpus Christi, TX: Project Manager for planning pedestrian and mobility improvements within an area known as SEA (Sports, Entertainment, Arts) District along the waterfront and port vicinity in downtown Corpus Christi. The project involved developing streetscape concepts and cost estimates for paving, walkways, signage, lighting and landscaping for selected streets within the district. The adopted plan will be used as the standard for future construction projects funding by bonds and grants. RECREATIONAL FACILITIES Tennis Court Rehabilitation, Tuloso-Midway Independent School District, Corpus Christi, TX: Project Manager for design of surface treatment, grading and drainage for existing tennis facility. Elementary School Playground, Calallen Independent School District, Corpus Christi, TX: Project Manager for design of playground, layout, grade and drainage. Church Recreation Area, First Baptist Church, Corpus Christi, TX: Project Manager for preliminary design and cost estimates for playground, softball field and jogging tract. Mission River Park, First Baptist Church, Refugio County WCID: Project Manager for preliminary design and cost estimates for low water dam, fishing pier, boat launch, picnic areas, and RV Park. WATER STORAGE AND DISTRIBUTION 5 MMG Elevated Tank, City of Kingsville, Kingsville, TX: Project Manager for design of elevated storage tank and associated piping, valves and site work. UA Engineering, Inc. 6 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. Buckingham Loop, John Tucker, Corpus Christi, TX: Project Manager for design of one mile of 12" water main loop, valves and fire connections. Kings Crossing Loop, Corpus Christi Land Venture, Corpus Christi, TX: Project Manager for design of two miles of 12" and 24" water main, valves and fire connections and road crossings. Beeville Treatment Plant, City of Beeville, Beeville, TX: Staff Engineer for design of 2 million gallon clear water steel storage tank. 16 MMG Reservoir, City of Corpus Christi, Corpus Christi, TX: Project Manager for underwater inspection of a buried concrete water storage tank to investigate leaks and determine condition. SEWER COLLECTION Lift Station, City of Kingsville, Kingsville, TX: Project Manager for design of a duplex, submersible pump lift station for residential collector line. Lift Station, City of Rockport, Rockport, TX: Staff Engineer for design of a variable speed, self -priming pump lift station and force main. Buckingham Trunk Collector, Private Developer: Project Manager for design of an 18" trunk collector and triplex, submersible pump lift station and force main for a 100 acre residential subdivision. Kennedy Causeway Lift Station, City of Corpus Christi, Corpus Christi, TX: Project Manager for evaluation of existing lift station, conversion of existing lift station to a collection manhole, design of new lift station to include duplex submersible pumps and controls, SCADA system and new force main. Force main directional drilled under a navigation waterway including USACE permitting with wetland identification and avoidance. DAMS AND LEVEES Wesley Seale Dam Safety Inspections, City of Corpus Christi, Corpus Christi, TX: Project Manager for multi-year annual safety inspections of major water supply earthen and concrete dam and reservoir to comply with Texas Water Commission (TNRCC) requirements. Executive Director's Task Force on Dam Safety, Texas Natural Resource Conservation Commission: Member of a task force created to study and recommend revisions to regulations dealing with design, construction, maintenance and inspection of dams in Texas. Control Monument Design, Freese and Nichols, Inc., Corpus Christi, TX: Project Manager for design, fabrication and installation of survey control monuments to monitor vertical and horizontal movement at Wesley Seale Dam. Crest Gate Rehabilitation, Freese and Nichols, Inc., Corpus Christi, TX: Principal in charge of design team to inspect, document, and design repairs for 60 steel crest gates and 3 steel sluice gates at Wesley Seale Dam. Dam Stability Modification, Freese and Nichols, Inc., Corpus Christi, TX: Member of design team to investigate stability and design necessary modifications for 2 concrete spillway structures at Wesley Seale Dam. UA Engineering, Inc. 7 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. Dam Safety Inspection, Freese and Nichols, Inc., Corpus Christi, TX: Project Manager for safety inspection of 10 dams in South and West Texas to comply with TNRCC inspection requirements. WATERFRONT FACILITIES Dock 14 Warehouse, Port of Corpus Christi Authority, Corpus Christi TX: Project Manager for design of a pre-engineered warehouse on existing dock to store bagged commodities. Barge Dock, City of Corpus Christi, Corpus Christi, TX: Project Manager for design of dock renovation, including sheet piling, concrete cap, paving and utilities. Small Craft Basin, Aransas Pass Navigation District, Aransas Pass, TX: Project Manager for inspection of seawall and preliminary design of concrete bag repairs. Fish Net Pen, MNE, Inc.: Project Manager for conceptual design and cost estimates for a commercial fish production facility attached to production platforms in the Gulf of Mexico. Mission River Litigation, Fina Oil & Chemical Co.: Project Manager for investigation to determine liability for erosion and damage to structures. Drydock Dredging, Port of Brownsville Authority: Project Manager for design and preparation of plans and specifications for dredging a ship dock, barge dock and floating drydock mooring at AMFELS Ship Yard. Bailey Residence, Donna Bailey, Corpus Christi TX: Project Manager for site planning, bank stabilization, retaining wall and erosion control for residential property on Corpus Christi Bay. Project required USACE permitting and mitigation for wetland fill, plastic sheet pile retaining wall, concrete bag erosion control, and erosion control matting and seeding on cut bank. UNDERWATER INVESTIGATIONS Texas Bridge Inspections, Texas Department of Transportation, Corpus Christi, TX: Project principal and inspector performing underwater inspection and condition assessment for on -system and off - system bridges under the BRINSAP program. Familiar with the regulations and procedure associated with this kind of inspection. Repeatedly selected for projects at locations throughout the State of Texas between 1987 and 1997. Also conducted scour evaluations of 30 bridges. Bridge Inspections, South Carolina Department of Transportation: Project Manager conducting field inspection, preparing reports and liaising with Department personnel on an on-going basis. This project included multiple assignments for the inspection of a total of 102 bridges located throughout South Carolina. U. S. Navy Bridge Inspections, U. 5. Navy Southwest Division: Project Manager for the bridge inspection projects for 2 bridges at Naval Station San Diego and 1 bridge at Naval Air Station Fallon, NV. Inspection reports were prepared in accordance with 23 CFR 650 and included recommendations for repairs and cost estimates. Naval Air Station Corpus Christi, U.S. Navy, Corpus Christi, Texas: Project Manager for underwater inspection and condition assessment of pier, bulkhead and breakwater. UA Engineering, Inc. 8 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. STRUCTURAL INVESTIGATIONS Holly Railroad Bridge, City of Corpus Christi, Corpus Christi, TX: Project Manager for detailed condition assessment of abandoned timber Railroad Bridge for possible rehabilitation and use as a pedestrian bridge and fishing platform. Oso Bay/Shoreline Bridge, City of Corpus Christi, Corpus Christi, TX: Project Manager for detailed condition assessment of precast concrete piling and concrete superstructure Vehicle Bridge. Cargo Dock 9 Dredge Damage Repairs, Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager to investigate the cause of concrete cargo dock undermining. Developed repair plan to install sheet pile cutoff wall and replace material removed by overdredge. Bridge Inspections, Texas Department of Transportation, Corpus Christi, TX: Project Manager for inspection and appraisal of 250 concrete, steel and timber off -system bridge in southeast Texas. ENVIRONMENTAL/MITIGATION Safeharbor, Port of Corpus Christi Authority, Corpus Christi, TX: Member of design team engaged to prepare Environmental Impact Statement for VLCC crude oil port. Bird Island Mitigation, Fina Oil and Chemical Company, Corpus Christi, TX: Project Manager to quantify seagrass damage caused by tug boat prop wash and developed plan to mitigate damage by restoring damaged areas and creating new seagrass beds. SECURITY SYSTEMS Homeland Security Grant 1, Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for design of security improvements for the Strategic Dock Areas — Military Embarkation Docks. Selected for overall project management to implement improvements recommended identified in a Port Security Assessment. Project included remodeling an existing building to create a Port Security Center that would house a newly created Port Police Department and video analysis personnel/dispatchers. The Security Center included a control room with analysis consoles, a wide screen video display system, and a secure telecommunications room with separate UPS power and A//C. Project also included installation of cameras and intelligent video software for image analysis to include all poles, power and fiber optic cabling, installation of high mast lighting, and installation of security fencing. Homeland Security Grant 2, Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for design of security improvements at the Hazardous Dock Areas — Petroleum and Chemical Docks. Project included installation of an 8 mile fiber optic trunk cable for video and data communications, installation of cameras and additional analytic software, high mast lighting, and security fencing. Homeland Security Grant 3, Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for design of security improvements at Harbor Island and for access control improvements throughout the Port of Corpus Christi. Harbor Island improvements included 8 ft. security fencing, security lighting, and security cameras surveilling a gaming ship berth and parking area. Telecommunications fiber was installed and interfaced with ATT DSL lines to transmit camera signals to the Port Security Command Center. Access control improvements included installing hardware and software for creation of ID cards for authorized personnel, to maintain a database of approved personnel, and to control and monitor UA Engineering, Inc. 9 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. access at each portal equipped with a card reader. Portals were also fitted with cameras to monitor and record ingress and egress. Homeland Security Grant 4, Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for design of security improvements at the Port of Corpus Christi Hazardous Docks. Improvements included 8 ft. security fencing, high mast lighting, thermal and color security cameras, integration with intelligent video analytics, and extension of fiber communications cable to all new locations. Additional improvements included expansion of the secure telecommunications room at the Security Command Center to accommodate new analytic appliances, video recording devices and upgraded uninterruptible power supplies (UPS). Homeland Security Grant 6, Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for design of security improvements to include a boat lift for a Port of Corpus Christi patrol boat, a radar system for surveillance of the harbor entrance, an underwater surveillance system to detect divers or remotely operated vehicles attempting to enter the harbor, a long range automatic visual and audible warning device, installation of biometric (fingerprint) ID card readers, installation of a computer aided dispatch and records management system, installation of a command and control system, and installation of additional thermal and color surveillance cameras at all strategic military docks. Homeland Security Grant 7, Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for design of security improvement to secure a perimeter on the north side of the Port of Corpus Christi Inner Harbor. Facilities included a new entry gate for all traffic with an all weather vehicle inspection station and crash barriers, extension of 8 ft. security fencing, additional thermal and color surveillance cameras along the expanded perimeter, and additional security lighting. Vessel Traffic Information System (VTIS), Port of Corpus Christi Authority, Corpus Christi, TX: Project Manager for design of a vessel traffic information system to monitor Port of Corpus Christi vessel traffic as vessels approach the Port Aransas Jetties in the Gulf of Mexico, as they traverse the ship channel in Corpus Christi Bay, and at all points within the Inner Harbor. Improvements included radar facilities, long range thermal and color cameras, and Automated Identification System (AIS), digital marine radios, and a remodel of the Harbor Master office for radar and camera monitoring and control. All radar and camera signals were also relayed to the local Coast Guard Marine Safety Office. Homeland Security Improvements at Wastewater Facilities, City of Corpus Christi, Corpus Christi, TX: Project Manager for design of access control gates, communications system and security fencing for city wide wastewater treatment facilities. Fencing included a concrete slump block masonry fence. Other Activities (Past and Present) Lady Lex Museum on the Bay Association Board Corpus Christi Chamber of Commerce Board of Directors Corpus Christi Building Standards Board Corpus Christi Zoning Board of Adjustment Corpus Christi Street Funding Committee Chairman Corpus Christi A & M Club Board of Directors/President USS Lexington Museum Board of Directors/Treasurer TNRCC Executive Director's Task Force on Dam Safety UA Engineering, Inc. 10 LJA Engineering, Inc. Patrick D. Veteto, P.E., R.P.L.S. Publications Veteto, Patrick D. "Know Your Client." The Texas Surveyor. November/December. 1980: 6-8 Krams, David L. and Veteto, Patrick D. "Cargo Dock 9: Rehabilitation, Upgrade and Expansion for the Port of Corpus Christi." Ports '95. Proc. of the American Society of Civil Engineers Conference. 13-15 March. 1995. 1299-1310. King, John R., Garana, Eduardo, Veteto, Patrick D., and Arms, Robert L. Arms "Wesley E. Seale Dam Spillway Crest Gate Rehabilitation" Texas Section, Proc. of the Texas Section American Society of Civil Engineers Fall Meeting. Arlington, 3 Oct. 1997. Veteto, Patrick D., et al. Texas Natural Resource Conservation Commission. Execution Director's Task Force on Dam Safety, Final Report June 1998. Veteto, Patrick D. "Development of a Restoration and Mitigation Plan for Damaged Seagrass Beds in the Upper Laguna Madre." Texas Section, Proc. of the Texas Section American Society of Civil Engineers Spring Meeting. Longview, 19 Apr. 1999. Veteto, Patrick D., et al. American Society of Civil Engineers. Underwater Investigations Standard Practice Manual. Ed. Kenneth M. Childs Jr. ASCE Manuals and Reports on Engineering Practice No. 101. Reston VA, 2001. Veteto, Patrick D. "Homeland Security and the Civil Engineer", Texas Section -ASCE, Final Paper, February 2011. UA Engineering, Inc. 11 City Of Corpus Christi LANDMARK COMMISSION BOARD DETAILS SIZE 11 Seats TERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years The Landmark Commission promotes the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. DETAILS COMPOSITION Eleven (11) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have know ledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, one (1) licensed real estate salesperson, (1) registered architect, one (1) structural or civil engineer, one (1) person know ledgeable in title search and/or property surveyor and five (5) other members. No one profession w ill constitute a majority of the membership. All terms for three years. CREATION / AUTHORITY Section 2-204, Code of Ordinances. Ord. No. 12315, 10-16-74; Ord. No. 19908, 8- 11-87; Ord. No. 030228, 7-15-14. MEETS 4th Thursday of every month at 4:30 p.m., City Hall, Council Chambers. TERM DETAILS DEPARTMENT COMMITTEE/ SUBCOMMITEE AGENDAS Three-year terms. Development Services OTHER INFORMATION 11011 Real Estate Landmark Commission Members May 10, 2016 One (1) vacancy with term to 11-20-18 representing the following category: 1 - Historian. (Note: On April 19, 2016 the City Council appointed Shawn A. Reader to fill the Historian vacancy. Mr. Reader declined his appointment due to his recent move out-of-state for employment.) Status Term End date Cate: or LANDMARK COMMISSION Vacant 1 11/20/2018 Historian John Olson LANDMARK COMMISSION Active District 4 2 11/20/2016 Architect Kim Charba LANDMARK COMMISSION Active District 5 2 11/20/2016 Regular Member Jillian Becquet LANDMARK COMMISSION Active District 5 Partial 11/20/2017 Historian Tiffani McKinney LANDMARK COMMISSION Active District 1 Partial 11/20/2017 Regular Member Bert Rucker, Jr. LANDMARK COMMISSION Active District 4 1 11/20/2017 Regular Member Nathan Westervelt LANDMARK COMMISSION Active District 1 1 11/20/2017 Regular Member Craig Thompson LANDMARK COMMISSION Active District 2 1 11/20/2017 Engineer Randy J. Dees, Sr. LANDMARK COMMISSION Active District 2 1 11/20/2018 Regular Member Matt Martini LANDMARK COMMISSION Active District 5 1 11/20/2018 Title Search Denise Gallimore LANDMARK COMMISSION Active District 4 1 11/20/2018 Landmark Commission Applicant May 10, 2016 Boards A . . I ing F District lo er Work Addre Work Address St. Work Phone Catego Christine Reiser Robbins LANDMARK COMMISSION District 4 Texas A&M University -Kingsville MSC177, Texas A&M University -Kingsville Kingsville TX 361-593-4828 Historian BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 28, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dr. Christine Prefix First Name Email Address Reiser Robbins Middle Last Name Initial Suffix Which Boards would you like to apply for? LANDMARK COMMISSION Street Address Suite or Apt City District 4 State Postal Code What district do you live in? Primary Phone Alternate Phone Assistant Professor of Texas A&M University -Kingsville Anthropology MSC177, Texas A&M University- Kingsville niversity- Kingsville WorkAddress - Street Address and Suite Number Kingsville WorkAddress - City TX WorkAddress - State 78363 WorkAddress- Zip Code 361-593-4828 Work Phone christine.robbins@tamuk.edu Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am a member of the Nueces County Historical Commission (since 2012) and President of the John E. Conner Museum Board of Directors (Kleberg County) Education, Professional and/or Community Activity (Present) I have a PhD in Anthropology from Brown University, where I focused in archaeology/cultural anthropology, museum studies, historic preservation, and public humanities. I have held internships, jobs, and fellowships in many public history related areas, including five museums; have led local history events such as a community archaeology dig and oral history project at Artesian Park in 2012; and have often given public lectures in the area relating to regional history, particularly Mexican American farm worker communities. Some of my doctoral courses included historic preservation, urban archaeology, public humanities, and museum studies, and !would be glad for the opportunity to utilize some of this knowledge in serving on the Landmark Commission. I have been fortunate to apply for and receive a number of grants relating to community and local history. I tremendously enjoy working with many local historians through the Nueces County Historical Commission, and would look forward to collaborating with and serving on the Landmark Commission. Registered Voter? • Yes QNo Current resident of the city? OYes QNo 6 If yes, how many years? Christine _Reiser _Robbins_ CV_ City_Landmark_Commission.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree Oath • IAgree Board -specific questions (if applicable) Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Historian CHRISTINE REISER ROBBINS Assistant Professor of Anthropology Psychology & Sociology • Texas A&M University - Kingsville EDUCATION Ph.D., Anthropology, Brown University, Providence, Rhode Island 2010 Dissertation: Rooted in Movement: Spatial Practices and Community Persistence in Native Southwestern New England Committee: Patricia Rubertone (chair), Susan Alcock, Douglas Anderson, William Simmons, Jean O'Brien (University of Minnesota) A.M., Anthropology, Brown University, Providence, Rhode Island 2004 B.A., summa cum laude, Anthropology and History, U. of Notre Dame, Notre Dame, Indiana 2002 TEACHING AND RESEARCH INTERESTS Community theory; race; heritage; memory Mobility and migration; diaspora; space; borderlands studies Native American Studies; Indigenous studies Museum studies and public humanities; historical archaeology; historical anthropology; oral history Community-based research and learning; service learning TEACHING EXPERIENCE Assistant Professor of Anthropology and Coordinator of Anthropology, Texas A&M University - Kingsville, Kingsville, Texas 08/2013 -Present Lecturer of Anthropology and Coordinator of Anthropology, Southwest Borderland Studies, and Mexican -American Studies, Texas A&M -Kingsville, Kingsville, Texas] 08/2010-07/2013 • Introduction to Anthropology • Advanced Archaeology • Introduction to Archaeology • Principles of Cultural Anthropology • Introduction to Folklore and Folklife • Language and Culture • Folk Medicine (Medical Anthropology) • Native North America: American Cultures Before 1492 • Anthropological and Sociological Perspectives on Ethnicity, Immigration, Community, and Language (doctoral course) Where Are Your Stories? South Texas Archival and Artifact Research: An Interdisciplinary Exploration of Texas A&M-Kingsville's Archival Resources (undergraduate and graduate level); May 2011. Cross -listed course with English and Spanish, and co -taught with Dr. Roberto Vela, Dr. Zak Watson, and Mr. Marco Iiiiguez Alba CHRISTINE REISER ROBBINS Service Learning Director, New Zealand Program, Texas A&M University -Kingsville 07/2012 • Politics and Cultures of the Pacific; Summer 2012 Director of service learning component in undergraduate and graduate level political science course taught by Dr. Nirmal Goswami. Course includes three week field component based at the University of Otago, Dunedin, New Zealand. Lecturer, Del Mar College, Corpus Christi, Texas Faculty Fellow, Wheaton College, Norton, Massachusetts • Native North America, Fall 2009 GRANTS 08/2010- 05/2012 08/2009-12/2009 Harvard University Schlesinger Library Oral History Grant 2015 For "Recording the Voices of Women in South Texas Hispanic Farm Labor Communities, 1930-2000" Social -Behavioral Sciences Research Award, Texas A&M University -Kingsville 2015 For "Cultural Differences in Young Adults' Perceptions of Disability in South Texas" College of Arts and Sciences Spring Research Support Grant 2015 For "Cultural Differences in Young Adults' Perceptions of Disability in South Texas" Pan-American Round Table Faculty Enhancement Grant 2014 For "South Texas Hispanic Farm Labor Communities Oral History Project" Guadalupe and Lilia Martinez Foundation Award 2014 For "Rancho La Union: Phase I Archaeological Investigation" Social -Behavioral Sciences Research Award, Texas A&M University -Kingsville 2014 For "Longitudinal Study of Student Attitudes Toward Mexican American Folk Healing Practices" PPOHA STEP -HG Research Award, Texas A&M University -Kingsville 2013 For "Longitudinal Study of Student Attitudes Toward Mexican American Folk Healing Practices" TCUR Undergraduate Research Award, Texas A&M University -Kingsville 2013 For "Longitudinal Study of Student Attitudes Toward Mexican American Folk Healing Practices" Texas Historical Commission, Undertold Markers Program Award 2013 For "Robstown Labor Camp" Service Learning and Civic Engagement Award, Texas A&M University -Kingsville 2013 For "Voices of Hispanic Women Farm Workers in South Texas: Oral History and Exhibit" Humanities Texas MiniGrant Award 2013 For "South Texas Oral History Workshop," lead author Dr. Kelly Fisher Service Learning and Civic Engagement Award, Texas A&M University -Kingsville 2013 For "Sustainable Community Development," co -written with Dr. Nirmal Goswami (Political Science) and Dr. Dolores Guerrero (Honors College) Humanities Texas MiniGrant Award 2012 For "Engaging the Community with Corpus Christi's Urban Past: The Artesian Park Oral History Project" Humanities Texas MiniGrant Award 2012 For "Voices of Hispanic Farm Labor Communities in Nueces County" Service Learning and Civic Engagement Award, Texas A&M University -Kingsville 2011 2 CHRISTINE REISER ROBBINS For "The Rancho Colorado Archaeological and Oral History Project" Service Learning and Civic Engagement Award, Texas A&M University -Kingsville 2011 For "Service Learning in a Global Context," co -written with Dr. Nirmal Goswami (Political Science) Philanthropic Educational Organization (PEO) Scholar Award 2009 Wenner-Gren Foundation Dissertation Fieldwork Grant 2008 Phillips Fund for Native American Research Award, American Philosophical Society 2008 New England Regional Fellowship Consortium Regional Fellow Award 2008 Brown University Summer Research Grant 2003, 2005-2007 HONORS AND FELLOWSHIPS William J. Hall Faculty Award, College of Arts and Sciences, 2015 Texas A&M University -Kingsville, General Education Teaching Award, Texas A&M University -Kingsville, 2012 Center for Teaching Effectiveness Texas A&M University System Student Recognition Award for Teaching Excellence 2012 Brown University/Wheaton College Faculty Fellow 2009 Student Member Award, American Anthropological Association, Archaeology Division 2009 Brown University Dissertation Fellowship 2009 K. Patricia Cross Future Leaders Award, Association of American Colleges and Universities 2008 Fellow, Spatial Structures in the Social Sciences Initiative, Brown University 2008 Publicly Active Graduate Education (PAGE) Fellow, Imagining America: Artists & Scholars in Public Life 2007 Winner, 4th Annual Archaeological Ethics Bowl Tournament, Society for American Archaeology, (Brown University Team) 2007 Watson Smith Award for Best Research Paper in Anthropology, Brown University 2007 National Science Foundation Graduate Research Fellowship Honorable Mention 2004 Joukowsky Presidential Fellowship, Brown University 2002 Phi Beta Kappa 2002 PUBLICATIONS "Spatial Relations in Oral History: The Robstown Migrant Labor Camp Beyond the Federal Period," with Mark W. Robbins, in Oral History Review 48(2):255-276, Summer/Fall 2015. "Embodied Leadership: Moving from Leader Competencies to Leaderful Practices," with Kelly Fisher, in Leadership, 11(3):281-299, August 2015. "Engaging the Contested Memory of the Public Square: Community Collaboration, Archaeology, and Oral History at Corpus Christi's Artesian Park," with Mark W. Robbins, in The Public Historian 36(2):26-50, May 2014. 3 CHRISTINE REISER ROBBINS "Expanding Scnice Learning in the Humanities among First -Generation. Minority -Population, and Non -Traditional Students: A Mixed -Participation. Mixed -Assessment Model" to edited volume on "Service Learning in the Humanities" in Interdisciplinary Humanities. 29(3):24-40. Fall 2012. "Reconciling Residence and Mobility: Native Communities in ISt' and 19th Century Western Connecticut" in edited volume on "Indigenous Peoples of Western Connecticut' in Bulletin oldie Archaeological Society of Connecticut 73:27-50. 2011. "Materializing Community: The Intcrsectioa of Pageantry. Material Culture, and Community - Building in Early 20th Century Indian New England" in Material Culture Review 69:36-51, 2009. "Reconsidering the Routes co Membership in the Anthropological Community". with Kathleen Millar. Christy Delair and Rebecca Pratt!, in ANchigan Discussions in Anthropology. Fall 2008. "The SAA Ethics Bowl: Lessons from a Collaborative Experience", with Lisa Anderson, Cassandra Mesick, Krysta Ryzcwski, and Bradley Sekcdat, in .SAA Archae logical Record 8(1), Spring 2008. "Safeguarding the 'Mint': Wampum Production and the Social Uses of Space at Fort Island" in Native Farts ofthe Lang Leland Sound Area. Readings in Long Island Arrhcoiogy & Ethnohistory, Vol. III., edited by Gaynell Stone, Suffolk County Archaeological Association. Stony Brook, NY, 2007. "Locating the Past in History: Transdisciplinaiy Approaches to Public History" in Retrospect 1(1). 2007. Newslener, Technical Report. and .)Iedia Publications "Don Pedrito: The I leala of Los Olnws," coauthored. in Baysider 10(4). 2015. "Historical Research Through Digitized Newspapers," co-authored. in Bros/der I013), 2015. "Oral Historic in the Federal Writers' Project in South Texas." co-authored, in Rapider 10(2), 2015. 'Texas Counhouses, Preservation, and the Imponance of Place,' coauthored. in Baysider 10(1), 2015. "Community Planning Study: City of San Diego, Texas Needs and Prioritic," co-authored. prepared for the Office of the Mayor and the City Council of San Diego, Texas. 2014. "Robstown Labor Camp Historical Narrative." coauthored prepared for the Texas Historical Commission 2014. -'Sanborn Maps: A Window into Texas's Urban Past." co-authored, in Rapider 9(4), 2014. "Election Day in Corpus Christi. March 10. 1916." coauthored, in Rapider 9(2). 2014. 4 CHRISTINE REISER ROBBINS "Federal Migrant Labor Camps in Texas," co-authored, in Baysider 8(4), 2013. "History and Memory at Victoria's De Leon Plaza," co-authored, in Baysider 8(3), 2013. "Recording the Voices of Hispanic Farm Laborers in South Texas History," co-authored, in Baysider 8(2), 2013. "Social Tensions at Corpus Christi's Crystal Beach Park," co-authored, in Baysider 8(1), 2013. "Artesian Park, Uncovering Layers of Corpus Christi's Past," co-authored, in Baysider 7(3), 2012. "Remembrance on Petronila Creek: Student Public History Work in Rural Nueces County," co- authored, in Baysider 7(1), 2012. Excerpt in "Listening to Students: Creating the Future - The 2008 K. Patricia Cross Future Leaders Award Winners" in Change: The Magazine of Higher Learning, Margaret A. Miller, Sept. -Oct. 2008. "Garbology," Interview with KEDT Public Radio, 04/09/2013. RESEARCH AND FIELD EXPERIENCE Co -Director, Cultural Differences in Young Adults' Perceptions of Disability in South Texas, with Dr. Patricia Huskin, Texas A&M University -Kingsville 2014 -present Co -Director, Longitudinal Study of Young Adult Attitudes Toward Mexican -American Folk Healing Practices, with Dr. Jennifer Pearce -Morris, 2013 -present Texas A&M University -Kingsville Co -Director, The South Texas Urban Parks Public Archaeology Program 2012 -present • The De Leon Plaza Urban Pubic Archaeology and Oral History Project, 2013 -present with "Dig Our History Days," Victoria, Texas In partnership with the Museum of the Coastal Bend, Del Mar College, and the City of Victoria • The Artesian Park Urban Public Archaeology and Oral History Project, 2012 -present Funded by Humanities Texas (Texas Historical Commission) and Del Mar College Foundation In Partnership with Del Mar College, the Nueces County Historical Commission, the Corpus Christi Museum of Science and History, the South Texas Alliance of Indigenous People, and the Coastal Bend Archaeology Society Co -Director, South Texas Farm Labor Communities Heritage Project 2011 -present Phase I: Rancho Colorado/Flinn Farm Historic Cemetery Preservation and Protection Project Phase II: Voices of Hispanic Farm Labor Communities in Oral History Project, In Partnership with the Nueces County Historical Commission, Texas A&M University -Kingsville, and Del Mar College, 5 CHRISTINE REISER ROBBINS Researcher/Assistant, Study of Cocumscussoc Archaeological Site, North Kingstown, Rhode Island, Principal Investigator: Dr. Patricia Rubertone Gray & Pape, Inc. (CRM Field Technician, Summer) 2002-2010 2007 Field Crew, (Intermittent), Greene Farm Archaeology Project, Warwick, Rhode Island Principal investigators: Dr. Krysta Ryzewski and Dr. Caroline Frank 2005-2007 Research Assistant, "Group Boundaries in New York and Chicago: New Uses of the 1880 Census;" Principal Investigator: Dr. John Logan. Funded by the National Science Foundation, Spatial Structures in the Social Sciences, Brown University 2005-2006 Research Assistant, "Children's Well -Being and Social Connection in Rural South Africa" Principal Investigator: Dr. Nicholas Townsend. Funded by the National Science Foundation, Population Studies and Training Center, Brown University 2005-2006 Researcher, Study of Fort Island Archaeological Site collection, Block Island, Rhode Island Research conducted under Dr. Kevin McBride, Mashantucket Pequot Museum 2003 Field Researcher, Jamestown Rediscovery Field School, Jamestown, Virginia Association for the Preservation of Virginia's Antiquities, Dr. William Kelso 2003 Field Assistant, Forensic Archaeology Recovery (FAR) at The Station nightclub fire scene, West Warwick, Rhode Island; Dr. Richard A. Gould 2003 Field and Research Assistant, Upper Klamath River Project, Northern California Principal Investigator: Dr. Joanne Mack, University of Notre Dame 2000-2001 MUSEUM EXPERIENCE Faculty Director of Student Curated Exhibit, The Enduring Spirit of Mexican American Women Farm Workers in South Texas: An Exhibit in Honor of Women's History Month, Curated by the Anthropology Club at Texas A&M University -Kingsville, Jernigan Library, Texas A&M University -Kingsville, Kingsville, Texas Faculty Director of Student Curated Exhibit, Native American Communities in South Texas: An Exhibit in Honor of Native People's Heritage Month, Curated by Spring 2013 ANTH3301 class, Jernigan Library, Texas A&M University -Kingsville, Kingsville, Texas 2014 2013 Faculty Director of Student Curated Exhibit, Curanderismo: Mexican -American 2012 Folk Healing in the Southwest Borderlands, Curated by Spring 2012 6 CHRISTINE REISER ROBBINS Folk Medicine class, Jernigan Library, Texas A&M University -Kingsville, Kingsville, Texas Guest Curator of A Celebration of Quilts 2012, John E. Conner Museum, 2012 Texas A&M University -Kingsville, Kingsville, Texas Visiting Researcher, Institute for American Indian Studies, Washington, Connecticut Dissertation Research, Research Department 2008 Intern, Mashantucket Pequot Museum and Research Center, Mashantucket, Connecticut Dissertation Research, Historical Research Department 2007 Research Assistant - Exhibit Content Development, Research at the Smithsonian Museum of Natural History, Anthropology Division, for Dr. Joanne Mack, Curator of Native American Collections, Snite Museum of Art, University of Notre Dame 2007 Curatorial/Exhibition Assistant for Believing Africa, Haffenreffer Museum 2006 of Anthropology at Manning Hall Gallery, Brown University Intern (Proctor), Departments of Curation and Education/Programming, 2005-2006 Haffenreffer Museum of Anthropology, Brown University Director of "Uncovering the Past: Exploring Archaeology" Youth Camps, 2005 and 2006 Haffenreffer Museum of Anthropology, Brown University Student Co -Curator of Warp Speeds, Inaugural Exhibition, Haffenreffer Museum of 2005 Anthropology at Manning Hall, Brown University Student Co -Curator of Commodifying the Sacred: Burmese Lacquerware Vessels, Temporary Installation for the Haffenreffer Museum of Anthropology, John D. Rockefeller Library, Brown University 2005 Curatorial Assistant, University of Notre Dame, Snite Museum of Art, 2001-2002 Notre Dame, Indiana Dr. Joanne Mack, Curator of Native American Art Collections Guest Curator, Father Lindesmith's Legacies: The Challenges of an Early 2002 20`h Century Ethnographic Collection, Temporary Display, Department of Anthropology, University of Notre Dame Instructor, "Cultures of the World" Youth Art Camp, University of Notre Dame, 2001 Snite Museum of Art, Department of Education, Director J. Welsh 7 CHRISTINE REISER ROBBINS SELECT PRESENTATIONS AND INVITED COLLOQUIA "Oral History and the Robstown Migrant Labor Camp: Space, Dissonance and Public Representation," co-authored with Mark Robbins, National Council on Public History Mini -Conference on "Immigration, Migration, and Memory in Public History," Texas State University, San Marcos, Texas, October 2015. "Curanderismo: Healing in Indigenous Cultures," co-authored with Mark Robbins. Invited Presentation for the YWCA Diez y Seis Forum, Corpus Christi, Texas, September 2014. "Ojo, Susto and Curanderos: Knowledge and Attitudes Toward Mexican -American Folk Healing in South Texas," co-authored with Christopher L. Martinez, Invited Presentation for the Del Mar College Hispanic Heritage Month Lecture Series, Corpus Christi, Texas, September 2015. "Managing One's Health: Folk Medicine Usage Among Hispanic Young Adults," co-authored with Jennifer Pearce -Morris. For Session on "Latino/as and Healthcare I," Southwest Social Sciences Conference, Denver, Colorado, April 2015. "Mixed Method Inquiries Into Young Adults' Health -Seeking Practices: An Interdisciplinary, Longitudinal Study of Student Attitudes Toward Mexican American Folk Healing Practices," co- authored with Jennifer Pearce -Morris, Amy Brock, and Francesca Mercado. American Anthropological Association Annual Meeting, Washington D.C., December 2014. "Work and Residential Life at the Robstown Migrant Labor Camp, 1940-1968," co-authored with Mark Robbins. For the session on "Migrant, Contingent, and Affective Labor," North American Labor History Conference, Detroit, Michigan, October 2014. "Researching and Remembering South Texas Federal Migrant Labor Camps," co-authored with Mark Robbins. Invited Presentation for the Del Mar College Hispanic Heritage Month Lecture Series, Corpus Christi, Texas, September 2014. "Representing a Blended Heritage? Early Spanish Colonization of the Americas and Public History," co-authored with Mark Robbins. Invited Presentation for the YWCA Diez y Seis Forum, Corpus Christi, Texas, September 2014. "Recording the Oral Histories of South Texas Hispanic Farm Workers," co-authored with Mark Robbins. Presentation for the Del Mar College Mexican -American Studies Program Summer Seminar, Corpus Christi, Texas, July 2014. "Examining Nostalgia in the Old Town Square: The South Texas Urban Parks Public Archaeology Project." For session on "Unearthing New Spain: Historical Archaeology in the Southwest," Society for American Archaeology Annual Meeting, Austin, Texas, April 2014. "The Rancho Colorado Farm Labor Cemetery Historic Preservation Project: Intersections and Outgrowths of Archaeology and Oral History." For session on "South Texas Hispanic Farm Labor Communities Oral History Project" (panel organizer), Texas Oral History Association 8 CHRISTINE REISER ROBBINS Annual Meeting, Nacogdoches, Texas, April 2014. "Parkarchaeology: Urban Public Archaeology in South Texas," co-authored with Alex Lopez, Jennifer Eiland, Eric Ray, and Mark Robbins. For Texas Archaeological Society Annual Meeting, Del Rio, Texas, October 2013. "Recording the Oral Histories of South Texas Hispanic Farm Workers," co-authored with Mark Robbins. Invited Presentation for Hispanic Heritage Month, Del Mar College, Corpus Christi, Texas, October, 2013. "Hispanic Farm Labor Communities in South Texas History," co-authored with Mark Robbins. Invited Presentation for the Texas Association of Chicanos in Higher Education Hispanic Heritage Month, Texas A&M University -Corpus Christi, Corpus Christi, Texas, October 2013. "Cultural Documentation." For Institute of Architectural Engineering Heritage Fall 2013 Conference, Texas A&M University -Kingsville, Kingsville, Texas, September 2013. "Controversy Along the Bay: Historical Memory of Texas' Second Largest Native Burial Ground," co-authored with Jennifer Eiland and Lori Ann Garcia. For American Society for Ethnohistory, New Orleans, Louisiana, September 2013. "Garbology: Archaeological Perspectives on Consumption and Waste," for the City of Corpus Christi Trash Summit, Corpus Christi, Texas, April 4, 2013. "Hispanic Farm Labor of the 20th Century: An Oral History," with Dr. Mark Robbins, Victor Trevino and Alex Lopez. Invited presentation for the Corpus Christi Museum of Science and History Winter Lecture Series, Corpus Christi, Texas, March 2013. "Mexican -American Folk Healing as Community Healthcare in the Borderlands: Historical and Contemporary Perspectives," co-authored with Lori Garcia, Encarnacion Hernandez, and Victoria Rogerio. For the John W. Stormont Conference on South Texas, Victoria College, Victoria, Texas, February 2013. "Oral History, Archaeology, and Spatial Technologies: Histories of Hispanic Farm Labor Communities in South Texas," co-authored with Stephanie Resendez. For the South Texas Oral History Workshop, Texas A&M University -Kingsville, Kingsville, Texas, February 2013. "`We, the Undersigned, Call For...An Immediate Halt to the Hate Crimes:' Viral Media, Sovereignty, and the Boundaries of In/Exclusion in Native and Settler Societies' Rights." For session on Contact Zones: At the Borders of (In)Visibility, (Post)Colonialism, and In/Exclusion in Settler States, American Anthropological Association, San Francisco, California, November 2012. "Historical Perspectives on the Politics of Resource Use and Circular Migration in a Cultural Borderlands." Association of Borderlands Studies, Houston, Texas, April 2012. "`Genuine Indians' and 'True to Life Scripts': Native American Communities, Historical Pageants, and the Reframing of Continuity and Authenticity". For session on Native American Continuity and Sustainable/Shared Knowledge, Popular Culture Association/American Culture Association, 9 CHRISTINE REISER ROBBINS San Antonio, Texas, April 2011. "Archaeologies of Community Through the Lens of Mobility." For session on Sited Between Household and Region: Archaeological Examinations of Neighborhood and Community, Society for Historical Archaeology, Austin, Texas, January 2011. "Communities In Movement: Archaeological Perspectives on Rootedness, Movement, and Social Ties." For session on Moving Bodies, Being Subjects: Ethnographic, Archaeological and Historical Approaches to Mobility, American Anthropological Association, New Orleans, Louisiana, November 2010. "Routes of Connection: Archaeological Perspectives on Community, Place, and Movement." For session on Archaeological Ambulations: Integrative Approaches to Movement, TAG (Theoretical Archaeology Group), Brown University, Providence, Rhode Island, May 2010. "Publicly -Mindful: Community Learning as an Anthropological Entry into 'New Kinds' of Publics." For session on Research in the Era of Self -Determination and Revitalization: Who writes the Story?, American Anthropological Association, Philadelphia, Pennsylvania, December 2009. "Community -Keeping and Movement in 18th and 19th Century Indian Southern New England." American Society for Ethnohistory, New Orleans, Louisiana, October 2009. "Rooted in Movement: Native Community Keeping and Spatial Practice in 18th and 19th Century Native New England." Invited presentation, Massachusetts Historical Society, Boston, Massachusetts, September 2008. "Faculty of the Future: Voices from the Next Generation." Featured session, Association of American Colleges and Universities, Washington, DC, January 2008. "Community Collaborations Between Brown University and Smith's Castle Historic Site (Rhode Island)." Poster, Imagining America: Artists and Scholars in Public Life, Syracuse, New York, September 2007. "In the Interstices of Past -Present." For co -organized session on Practicing Community, Interpreting Connectedness, American Ethnological Society, Toronto, Ontario, May 2007. "Serving to Learn: Collaborative Approaches to a More Public Education." For co -organized session on Breaking the Divide Between Public and Intellectual Work, Brown University Interdisciplinary Graduate Conference, "Intellectuals and the Academy in Public Life," Providence, Rhode Island, April 2007. 'With all the Pomp of Olden Days': Materializing Community in Public Historical Imagery and Dramatic Display." Emerging Scholars Material Culture Symposium at Winterthur Museum, Winterthur, Delaware, April 2007. "Theorizing Colonialism Through Bodies of Knowledge in Museums." Co-authored with Diana DiPaolo Loren. Invited paper for session on Checking the Theoretical "Posts:" Evaluating Theory in Historical Archaeology, Society for Historical Archaeology, Williamsburg, Virginia, Jan. 2007. 10 CHRISTINE REISER ROBBINS "Engaged Stewardship: Identity, Heritage, and the Presence of the Past in Community -Based Archaeology in New England." Invited presentation, Joukowsky Institute for Archaeology and the Ancient World, Brown University, Providence, Rhode Island, 2006. "Safeguarding the `Mint': Patterns of Wampum Production and Site Utilization at a 17th century Native Palisade in Long Island Sound." Poster, Society for American Archaeology, San Juan, Puerto Rico, April 2006. "Native Fortified Sites, Trade and Wampum Production in New Netherland." Society for Historical Archaeology, Bristol, England, January 2005. "Site Formation Processes at Mass Disaster sites." Co -Authored with Jennifer M. Trunzo. Society for American Archaeology, Milwaukee, Wisconsin, April 2003. UNIVERSITY SERVICE Coordinator of Anthropology, Southwest Borderland Studies, and 2012 -present Board of Directors, John E. Conner Museum, Texas A&M Kingsville, 2011 -present Kingsville, Texas President, 2014 -present; Vice -President, 2013-2014 Coordinator of the Transculturation Program, Center for Teaching Effectiveness, 2013-2015 Texas A&M University -Kingsville Board of Directors, John E. Conner Museum, Texas A&M Kingsville, Kingsville, Texas President, 2014 -present; Vice -President, 2013-2014 2011 -present University Retention Performance Management Committee 2015 - University Calendar Committee 2015 - Building Emergency Manager, Manning Hall 2015 - University Lectureship Series Planning Committee 2015 - Search Committee Member, Dean of Arts and Sciences 2015 - Search Committee Member, Assistant Professor of Sociology 2015 - Search Committee Member, Assistant Professor of Social Work 2015 - PROFESSIONAL SERVICE AND BOARD MEMBERSHIPS Commissioner, Nueces County Historical Commission, Nueces County, Texas 2011 -present National History Day Judge, Texas A&M University -Kingsville, 2011-2013 11 CHRISTINE REISER ROBBINS Kingsville, Texas Co-organizer, South Texas Oral History Workshop, with Dr. Kelly Fisher, 2013 Texas A&M University -Kingsville, Kingsville, Texas, February 15-16, 2013. Funded by a Humanities Texas MiniGrant Award and the Texas A&M University - Kingsville College of Business Administration, College of Arts and Sciences, and Department of Psychology and Sociology Member, Program Review of Sociology, Social Work, and Anthropology, Del Mar College, Corpus Christi, TX Ronald E. McNair Scholars Program Mentor, Texas A&M Kingsville, Kingsville, Texas Member of Smith's Castle Historic Site (Cocumscussoc Association) Long Range Site Planning Committee, North Kingstown, Rhode Island Co-author, Jelm Foundation Grant for Youth Education Program Fund ($15,000) 2011 2011 2006-2010 Team Member in Forensic Archaeology Recovery (FAR), 2002-2010 Principal Coordinator Dr. Richard A Gould Programming Consultant for Native People's Heritage Month, 2009 Marshall Center for Intercultural Learning, Wheaton College (Norton, MA) Board of Directors, Rhode Island Archaeology Society 2005-2006 Co-organizer, Rhode Island State Archaeology Day 2005 AFFILIATIONS AND ASSOCIATIONS American Anthropological Association Society for American Archaeology American Society for Ethnohistory National Council on Public History Association for Borderlands Studies Texas Oral History Association 12 City Of Corpus Christi PIPELINE REVIEW PANEL BOARD DETAILS OVERVIEW SIZE 5 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Pipeline Review Panel will hold hearings and render decisions on any substantive, non -resolvable technical issues that may occur regarding the intent to construct new pipelines. DETAILS COMPOSITION The City Council shall appoint five members, four of w hom shall have technical expertise in the construction, maintenance, or operation of pipelines, at least one of w hich shall have emergency management experience, and one shall be a community representative. CREATION / AUTHORITY Ord. 021776 - 10/19/93; 021897 - 3/15/94. MEETS Meetings are on call. TERM DETAILS Two-year terms. DEPARTMENT Fire Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION List of Pipeline Review Panel Members May 10, 2016 Five (5) members with terms to 5-8-18 representing the following categories: 4 - technical expertise in the construction, maintenance or operation of pipelines, at least one of which shall have emergency management experience and 1 - community representative. (Note: The Pipeline Review Panel did not meet during the last term year due to no business.) Robert Leon PIPELINE REVIEW PANEL Seeking reappointment District 5 2 5/8/2016 Technical Expertise Member Louis Lopez PIPELINE REVIEW PANEL Seeking reappointment District 5 Partial 5/8/2016 Technical Expertise/Emergency Mgmt Experience Member Mukesh R. Pratap PIPELINE REVIEW PANEL Seeking reappointment District 5 2 5/8/2016 Technical Expertise Member Kelly L. White PIPELINE REVIEW PANEL Seeking reappointment District 5 2 5/8/2016 Community Representative Member Philip E. Woods PIPELINE REVIEW PANEL Seeking reappointment District 2 2 5/8/2016 Technical Expertise Member City Of Corpus Christi REINVESTMENT ZONE NO. 3 BOARD BOARD DETAILS SIZE 12 Seats TERM LENGTH 2 Yea' OVERVIEW TERM LIMIT N/' The Reinvestment Zone No. 3 Board shall make recommendations to the City Council concerning the administration of the zone. (The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA - Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. I -q DETAILS COMPOSITION CREATION / AUTHORITY MEETS TERM DETAILS DEPARTMENT The Board shall consist of twelve (12) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten (10) members, w ith one reserved for a representative from the Dow ntow n Management District, and the board may exceed twelve (12) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City; or be at least 18 years of age or older and ow n real property in the zone. Terms of Board members are for two years. Terms must be staggered w ith half of the Board members appointed every year. Officers must be appointed as provided in the Act. Ord. No. 027996, 12/16/08; Ord. No. 028136, 04/28/09; Ord. No. 029403, 3/2/12; and Ord. No. 030286, 9/16/14. On call, Council Chambers. Two-year staggered terms. City Manager's Office SUBCOMMITEE AGENDA /INFO Reinvestment Zone No. 3 Board Members May 10, 2016 One (1) vacancy with term to 2-28-18 representing the following category: 1- representative from the Corpus Christi Downtown Management District. (Note: The Corpus Christi Downtown Management District is recommending the reappointment of Stefany Schade.) (Also, Del Mar College is in the process of determing the appointment/reappointment of their representative.) Board Name NMI End Date Cate:o Stefany Schade Claudia Jackson REINVESTMENT ZONE NO. 3 BOARD Term Expired 1 02/28/16 Downtown Management District Member REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/16 Del Mar Member Rudy Garza REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/17 City Member Lucy Rubio REINVESTMENT ZONE NO. 3 BOARD Active 1 02/28/17 City Member Mark Scott REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/17 City Member Colleen McIntyre REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/17 City Member Nelda Martinez REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/17 City Member Carolyn Vaughn REINVESTMENT ZONE NO. 3 BOARD Active 1 02/28/17 City Chair Mike Pusley REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/18 County Vice -Chair Michael T. Hunter REINVESTMENT ZONE NO. 3 BOARD Active 1 02/28/18 City Member Brian Rosas REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/18 City Member Chad Magill REINVESTMENT ZONE NO. 3 BOARD Active 2 02/28/18 City Member 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 Tots 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 og 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 ACTIVE \723 -LONDON VILLAGE, BLOCK 2, LOT 8 (1154 SOUTHAMPTON DRIVE)\JESSICA\SAMPLE OCL WATER CONTRACT -LONDON VILLAGE.DOC Page 2of3 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 ACTIVE \723 -LONDON VILLAGE, BLOCK 2, LOT 8 (1154 SOUTHAMPTON DRIVE)\JESSICA\SAMPLE OCL WATER CONTRACT -LONDON VILLAGE.DOC Page 3of3 FM 43 HYDEPARK U SOUTHAMPTON London Village 0 0.035 0.07 0.14 0.21 Miles ii City of Corpus Christi -LOCATION MAP Exhibit "A" N 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 ContractslLondon Club EstateslMaps Projected Coordinate System: NAD_1983_StatePlane Texas_South_FIPS_4205_Feet Projection: Lambert Conformal_ Conic London Village Subdivision N London Village Subdivision FM 43 Subject • I CR ULD DR 2 coNSJIL3E 3q 2 OQ y F�, Vicinity Map o ooq 2 �� Soho "sp9r 'd CR 20A CR23 7_ CR 20 Cl visci F, 6) CR 18 6) ck 6 0 `,, oy/�Te o� y Mme' London Vill age o S go 4' FM 43 o { CR 22 FM 2444 U SOUTH PRAIRIE Y 6) CR18 CR 20A 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 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 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 D Change Number CO2015_000 Issue Number 000 Description Infor Public Sector, CIS Utility Billing Project — Go Live date change from October 1St 2015 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 -live date for Infor Public Sector, CIS Utility Billing Project from October lSt, 2015 to September 1s' 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. 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, 08/14/2016 • S4-9 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 15' 2015 to September 11th 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 15th, 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) Stage Payment MMstone Number Payment Milestones 1A W nt NoMosek Revised Revised APSyll ntm MNestorl Paylllsolg Change Holdback Amount Amount Tame Dna Stage VN 54.1 Milestone- Project Initialization: 355.25220 55.525.22 549.725% 595.23220 95.525.22 549.759.90 50.00 Cwtoteta Stage W 54.4 .1 Milestone .1nnate Lawmen. Im051405 516,020,00 516,520.00 650.520,00 50.00 516.820.00 Se 00 Camden. Stage N 5:•2 Masten* - 'nate' the in•scope Product's in Protect enwr0nmenu in50.00 MOO 50.00 50.00 50.00 50.90 Cenolate Stavin 54.42 Milestone - Indian. Cu Configuration 529.92200 629922 00 529.92200 50 00 529.922.00 35.05 Cowden Stage Vo 50-3 144!9100.- 550je057591T1. Learning: 533.1'-1.32 53,31513 529,63619 533,151.32 53.315.13 329.936.19 1700 Cermet Stage W 54.4 Milestone- Initial Bela Prototypic 535,574 E0 53.663.49 533.151,32 535,934.50 53,663.45 533.151.32 30.05 Ccroe5 Stege W 54-0 Milestone- Final Prototype: 555,21220 5502522 549 026.95 355,25220 58.52512 549.72699 33.00 Compete Sege W 545.1 Monotone • Fe1519rIXO1590159 5510ne Interface 516,620.00 516,62600 51502000 50.00 515.02009 5000110 clenpc Stage W 54.52 Milestone , Final Prototype Ws Configuration S34,90900 534,90900 534,90000SO Ov 534.509,00 50.00 Ila Meng.' Stage V5 .6 549set0ne- M Accaptancs 70.0 347,055.24 54.706.;2 543.098.72 590.000.000 59.00000 551.00000 542114.79 Value a990.le. LupeW 545.1 Milestone • Acceptance Test Gag Configuration 534.90900 534,909.110 534.909.00 5000 134,909.00 50.00 115 Manse Stage W 54.7 M04510,e-System Tett 555.25220 05,535.2) 549,72692 5110,000.00 515,000.00 599.000.00 594,747.90 Value 405410 Stage VII 51.6 Milestone -991 Sea* Test 536,5334.50 53,693.46 532151.32 500.000.00 30.00 550.000.00 143,15520 Vatic updated Matte VI 54.9 Mllealone- Production 6eadin919 35545740 55.941.74 50657566 525,009.00 52.505.00 522.500.00 56.562.60 Vase updeleo Stage 511 51.10 Milestone- Complete Pool -Go -Live 59959rt 39.16794 12.14070 526.521.06 571.94639 57.19431 354,753.55 043.400555 Vaal updated Stage VI 54.•11 Milestone -Close Project r 536934. S9 5000 539831.80 5.714369 5000 547,743.69 310.509.09 Value updsted STAGE TOTAL 5501,72500 536.034.90 1585,72600 5690 EIS 91 54774359 5596,516.91 3203.000.00 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 Hemandez, 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. infor Change Order (Americas PM0-v5b, Nov. 2012) INFOR: Signature: 6* Printed Name: Cifc/say TitleAssooice OetvvJ CoanT Address: 380 St. Peter Street Address: St. Paul, MN 55102 Signature Date: 3/j 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 parties. 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 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 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 iv 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 saidICS OeA Q LCYWY11) C4:52.01Q) this the 41 6-1- a day of CI 1 1.)\-1 , 20 1 to , to certify which, witness my hand and seal of office. I cull, A N.larnneLLA--, g; I i et986744 /4 . A mr1).-1-T s -.. iaant- L' -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: 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 inlor 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 lnfor 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: Stage Payment Milestone Number Payment Milestones Payment Amount Holdback Payment AmountMBestooe Amount Revised Hal__ Revised Payment Amount Change Status Stags VM 14.1 Milestone- Project Initialization: 3179.16665 517,9,668 316,249.94 5179,16600 517.91666 5161.249.94 50.00 Consists Supe 1A 14.2 Milestone - Insta8 the in -scope Products in Project environment.: S0.00 50.00 50.00 50.00 50.00 30.00 50.00 Compile Saps VM 14-3 Milestone- Protect Team Leeming 3107.499.96 310750.00 596.749.96 3107,499.96 St 0.75010 $96749.96 50.00 Compile Siege WM 14.4 Milestone- InO& Bela Prototype: 3119.44440 311844.44 5107,494.96 911844440 911,944.44 3107.499.96 50.00 Complete Supe VM N 4.5 Milestone - midst Beta Prototype: Health Department f 19,065.7'_ 91.906.58 317.155.17 518355.75 51.506.56 317.15917 90.00 Compute Stage VIII 145 Milestone - Final Prototype: 8179,186.60 117.916.66 S161.245.54 5179.166.60 517.516.66 5161249.94 50.00 Conclne WesSilage ton. - Final Prototype: Health Department 516252.62 91.525.26 913.727.34 115.27.2 60 51.525.26 913.727.34 90.00 Compute Stage VII u-6 Milestone - Acceptance Test 5166.717.17 516.571 72 3150,045.45 9166.717.17 516.171.72 1150.045.45 50.00 Compute Stage VII 14-6.1 Change order 15 esectuton 50.00 90.00 00.00 950.000.00 95,000.00 5455,000.00 150.000.00 Slaps VM 14.7 Milestone- System Test 1090.606.00 319,060.61 5171,54545 3200,000.00 520.000.00 5166000.00 99.393.95 Value u0delod Stage V7 14.8 158estone- Full Sege Test: 3127.070.70 912,707.07 5104.363.63 9150.000.00 315,000.00 5135.000.0C 522829.30 V4lle updated Stage VN 145 Milestone- Production Beadiness 583,5535.35 98,353.54 957,_181.82 5700.000.00 510.080.00 590.000.00 536.464.65 Value uodated Supe VIS 14-10 Milestone - Complete Post -Go -Live Support 3103,181.82 310.318.18 592.863.64 5120.757.55 512.075.76 5108.681.80 517.575.73 Vane 4540504 Stage VII 1-11 0.80.1011. -C10011 Prolert 5127.070.71 5127,07071 5140,707.07 5140,707.07 313.636.36 vane updated 51085008 ISA STAGE 70747. 91270.707.00 5127170.71 51270,707.01 31407,070.63 3140,707.07 31.407,070.63 9150.000.00 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 inFor 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: Lirtidsay Pritchard Title: Associate General Counsel Address: 380 St. Peter Street Address: St. Paul, MN 55102 Signature Date: April 7, 2016 infor 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 la35c)C,A ate,94 t (1,41't/ , this the 1%14: day of fpri 1 , 20 1 6 , to certify which, witness my hand and seal of office. CLtul'.:141re AN,arm.t.1- -1- . glci --rei-1 /, -1-Arnrnal. T 5. *Le . As lad-r— 1-s 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 �� Bentley 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 n `� 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 nr--- - 43e ■ ' tle ' P001849 eB EPR Implementation City of Corpus Christi Laserfiche Integration Change Request eB Id of Parent Project Document 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>2009-05-22717:28:00-05:00</CreateDate> <EndDate>2009-11-22717:28:00-06:00</EndDate> <Title>111 Main St</Title> eB Title Property of Parent Project Document <MetadataDefs> <ApplicationNumber>BLDG-2015- 00001 </ApplicationNumber> 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 les ize>8652</Fi les ize> <Path>456\168\orig\La Palmera Storm3.pdf</Path> Path to file under Project Path <Creation Date>2009-05-22T17:37:00- 05:00</CreationDate> <Pu b l i s h Date>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 F-A"'Hao n ' tte 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 list Pull File Data from eB Process Request Return Result Request File Return File cs► 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 n `� 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 1VIpYER Notary Public UWCHLAN TWP„ CHESTER CNTY My Commission Expires Oct 22, 201.7 AFFIX NOTARY STAMP / SEAL ABOVE 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. 02-fi'l Signature of authorized agent of contracting U i d EhCeina-n , this the /1 business entity / AaSworn / , day ofi 20 / L4 , to certify which, witness my hand and seal of office. `� all L- L Mo� �. r K I r c PL 117(1'i' Signature of o icer adminis ring oath Printed name of officer adistering oath Title of o ' er administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645 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 - 10 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 Firefighter 1 Fire Captain Firefighter 11 — EMS Battalion Chief Assistant EMS Director Firefighter II — Engineer Fire Department Reclassification Fire Chief Deputy Fire Chief Assistant Fire Chief Position Total Authorized 1 1 4 9 1 82 73 109 134 414 Pro . osed 1 4 12 1 79 73 109 134 414 Difference 0 0 +3 0 -3 0 0 0 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 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 (SOG,A) The Statement of Grant Award is 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 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 Comprehensii,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: 2966101 11 R 2015 01 01 2016- 06 30 2016 09 28.2016 HS -Homeland Security Grant Program (HSGP) Corpus Christi. City of Contraband Detection 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: L'.S. Department of Homeland Security, Federal Emergence Management Agency. 8 19.2015 ENINN -2015-SS-00080 580,998,000.00 Texas Office of the Governor Homeland Security Grants Division (HSGD) No 52,000.00 50.00 50.00 52,000.00 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 inv 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 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- 95 -8A -A8 -0C-4... 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 award from the Governor's Homeland Security Grants Div kion (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 1!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 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: 2966201 11 13 2015 01 01 2016 - 06 30 2016 09 28 2016 I -IS -Homeland Security Grant Program (HSGP) Corpus Christi, City of FLIR Thermal Imagine Camera Cate Runkle 069457786 Award Amount: Grantee Cash Match: Grantee In Kind itilatch: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security. Federal Emergency Management Agency 8 19 2015 LAI « -2015-SS-00080 580,998.000.00 Texas Office of the Governor Homeland Security Grants Div ision (HSGD) No 513,000.00 50.00 50.00 513.000.00 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 ['nited States. The HSGP provides funding to implement investments that build, sustain, and deliver the 3I 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.gav,texas.goviproject/awardstatement-aspx?i2 4&i1- 9&gh--CB-DE-BF-C3-... 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 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 Pari 200, Uniform Administratide Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Nlanagement; 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 Awa rd Description: 2966801 11 13 2015 01'012016 - 06 30 2016 09 28.2016 HS -Homeland Security Grant Program (HSGP) Corpus Christi. City of Rescue Shoring Equipment Cate Runkle 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (I ISGP) U.S Department of Homeland Security, Federal Lmergen,y Management Agency 8 19 2015 E\IV-20I5-SS-00080 S80.998.000.00 Texas Office of the Goy ernor Homeland Security Grants Di% ision (HSGD) No 521,500.00 S0.00 50.00 521,500.00 The purpose of the HSGP is to support state and local efforts to pre%ent terrorism and other catastrophic eti 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 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:.Yegrants.gov.texas.gov /project/aNvardstatement.aspx?i2- 4&i l-_,9&gh-=D 1 -53 -4F -C2 -E... 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 Division (HSGD). The approved budget is reflected in the Budget; Details tab for this record in eGranL. 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, 1.'niform 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 Entih Name: Is the Award R&D: Federal:State Award Description: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: L S. Department of Homeland Security, Federal Emergency Mana.=ement Agency 8 192015 EM -2015 -SS -00080 580.998.000.00 Texas Office of the Governor Homeland Security Grants Di% ision (HSGD) No S4,500.00 S0.00 50.00 54.500.00 The purpose of the l 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 1 'nited States. The HSGP pro'. ides 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/project; awardstatement.aspx?i2=4&i 1-9&gh-=9A-98-F0-F2-2.., 4/6/2016 Office of the Got ernor Page 1 of 1 Statement of Grant Award (SOCA) The Statement of Grant Award is y our 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 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 11 10.2015 01.01 2016 - 1 1 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 Awa rd Description: Award Amount: Grantee Cash Watch: Grantee In Kind hatch: Total Project Cost: U.S. Department of Homeland Security, Federal Emergency Nlanagement Agency 8 19 2015 ENI W -2015-S S-00080 580,998,000.00 Texas Office of the Governor Homeland Security Grants Division (1-ISGD) No 542,145.51 50.00 50.00 542,145.51 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 1-ISGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achiev int!. 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 vv hole community. https:/. egrants.gov.texas.gov.project/awardstatement.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 (SOGA) The Statement of Grant Award is 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 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: 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 I 110.2015 01 01 2016- 11'30.2016 02282017 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 EN1L1-2015-SS-00080 S80,998,000.00 Texas Office of the Governor Homeland Security Grants Division (HSGD) No 570,000.00 50.00 50.00 570,000.00 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 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-10-EF-AC-75-5... 4/62016 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: Ronald L. Olson, City Manager March 31, 2016 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: n Operating ® Revenue fl Capital n 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 Toss, 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 CONCESSIONAIRE: Carl Walker, doing business as Whatchamacaller's Place Carl Walker Date: //A % n.-2/ ;;?/',i/ ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on IAQ1'CVl ) , 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 EX i 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. 1, �-�Y / Weij1er , 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 govemed 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 nsidered to be an original instrument, on this the .$ bf day of i724,4 e / , 2016. eettitizza CARL WALKER STATE OF TEXAS § COUNTY OF NUECES § Sworn to and subscribed before me on theaV' day of 14Cti' L , 2016, by Carl Walker. ft No ublic, State of Tex -s e�SUPPLIER NUMBER TO BE ASSIGNED BY CITY = PURCHASING DIVISION 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. COMPANY NAME: V1 irtinvireierilicei Pac r? STREET ADDRESS: P.O. BOX: CITY: riAr15CJ1 STATE: K4S ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner 0�.. 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 Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name / I/ Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 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/A- a Zdz-.710 Title: Date: DEFINITIONS ( Wn 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 1 �� WW, .5�1 oF,C DIANA CASAREZ My Commission Expires April 26. 2016 �. I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I ,- l% / /,/ %/{ 1 ( : L L S C 1.-i Signature of authorized agent of contracting AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said CA 0 (.C� 1(t.A this the business entity ' day of 20 1 1) to certify which, witness my hand and seal of office. ..14).), Q 1)N4 .- ,/ 3 / e• --N, (15M-2_ \—v\A ock\0101 : 'Ye. i- -- Signature of officer administerath Printed name of officer administering oath Title of officr adrrnisteriNg oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 AGENDA MEMORANDUM City Council Meeting of May 10th 2016 DATE: TO: FROM: May 4, 2016 Ronald L. Olson, City Manager E. Jay Ellington, Interim Assistant City Manager Jayell@cctexas.com (361) 826 3898 Briefing and Discussion for Vehicle for Hire/Taxi Ordinance STAFF PRESENTER(S): Name 1. Ron Olson 2. E. Jay Ellington 3. William Breedlove 4. Joseph "Buck" Brice Title/Position City Manager Interim Assistant City Manager Captain Assistant City Attorney Department City Manager's Office Executive Offices Police Department City Attorney's Office OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 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: Initiative Ordinance Ordinance #030788 Redline TNC Presentation 5.10.16 Airport Taxi Focus Group Responses TNC Questionnaire Responses: Uber, Get Me, Tride Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date Whereas, Article I, Section 4 of the City Charter provides that any fifty registered voters may commence initiative proceedings to propose ordinances to City Council; Whereas, on April 15, 2016, the City Secretary was presented with a petition with at least 50 registered voters entitled "Statement of Intent to Circulate Petition Calling for Initiative" Whereas, Article I Section 1 of the City Charter provides that in the case of an initiative, the City Attorney shall draft an ordinance in legal form, consistent with the laws of the State and the United States, incorporating in substance the text submitted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows: ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES Sec. 57-281. - Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning: (1) Abnormal Market Disruptions mean any change in the ground transportation market, whether actual or imminently threatened, resulting from Acts of God, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, or other cause of an abnormal disruption of the transportation market resulting in a disaster or state of emergency declaration. (2) Digital Network means any online -enabled application, software, website, or system offered or used by a transportation network company that enables a prearranged ride with a transportation network company driver. (3) Operation of a Transportation Network Vehicle means offering, making available, or using a Transportation Network Vehicle to provide Transportation Network Service, including any time when a driver is logged onto the transportation network company's internet-enabled application or Digital Network showing that the driver is available to pick up riders; when a rider is on a trip in a Transportation Network Vehicle; or when the driver has accepted a request for transportation received through the TNC's Digital Network or software application and is en route to provide Transportation Network Service to a rider. 1 (4) Overcrowding means the driver or operator transports more people in the vehicle than recommended by the vehicle manufacturer or transports more people in the vehicle than the number of seatbelts. (5) Personal Vehicle means a vehicle that is used by a transportation company driver and is: network (a) Owned, leased, or otherwise authorized for use by the TNC Driver; and (b) Not a taxicab, limousine, or similar for -hire vehicle. (6) Prearranged Ride means transportation provided by a transportation network company driver to a transportation network company rider, beginning at the time a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company and ending at the time the last requesting rider departs from the driver's personal vehicle. The term does not include: (a) A shared expense carpool or vanpool arrangement or service; or (b) Transportation provided using a taxicab, limousine, or similar for -hire vehicle. (7) Transportation Network Company or TNC means any person, corporation, partnership, sole proprietorship, or other entity operating in this state using a digital network to connect a transportation network company rider to a transportation network company driver for a prearranged ride. A Transportation Network Company shall not be deemed to control, direct or manage the personal vehicles or transportation network company connecting to its digital network, except where agreed to by written contract. The term does not include an entity arranging nonemergency medical transportation under a contract with the state or a managed care organization for individuals qualifying for Medicaid or Medicare. (8) TNC Driver or TNC Operator means a person who: (9) (a) Receives connections to potential transportation network company riders and related services from a transportation network company in exchange for payment of a fee to the company; and (b) Uses a personal vehicle to offer or provide a prearranged ride to a transportation network company rider on connection with the rider through a digital network controlled by the company in exchange for compensation or payment of a fee. TNC Permit Holder means the holder of a valid permit issued by the City. (10) Transportation Network Company Permit or permit means a valid permit issued by the City to any firm, business, corporation, or other entity related to Transportation Network Service. 2 (11) TNC Rider means an individual who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to the individual in the driver's personal vehicle between points chosen by the individual. (12) Transportation Network Service or service means transportation of a passenger between points chosen by the passenger and prearranged with a TNC Driver through the use of a TNC digital network or software application. TNC Service shall begin when a TNC Driver accepts a request for transportation received through the TNC's Digital Network or software application, continue while the TNC Driver transports the passenger in the TNC Driver's vehicle, and end when the passenger exits the TNC Driver's vehicle. TNC Service is not taxicab or street hail service. (13) Transportation Network Vehicle or vehicle means any passenger motor vehicle used to provide Transportation Network Services and which is not a taxicab. Sec. 57-282. - Exclusion. Specifically excluded from this definition are owners, operators and vehicles solely operating regulated under Chapter 57, Article II, Taxicabs, as amended. Sec. 57-283. - Consequences of Criminal Convictions and Conduct of Drivers. (1) Criminal Convictions. The City Council, in accordance with Chapter 53 of the Texas Occupations Code, has considered the following criteria in regards to criminal convictions of TNC Drivers or Operators regulated under this ordinance. (a) The nature and seriousness of the crimes. (b) The relationship of the crimes to the purposes for requiring a Permit to engage in a Transportation Network Service. (c) The extent to which a Permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved. (d) The relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a Transportation Network Service; and has determined that the crimes listed in this ordinance are serious crimes that are directly related to the duties and responsibilities of Transportation Network Company drivers or operators whose job is to safely transport passengers for hire. (2) Conduct of Drivers. Drivers at all times shall: (a) Act in a reasonable, prudent and courteous manner. 3 (b) Not inhale, inject or consume any alcoholic beverage, drug, or other substance adversely affecting his or her ability to operate a motor vehicle. Sec. 57-284. - Transportation Network Company Permit. (1) TNC Permit—Required. It shall be unlawful for any person, individual, firm, business or corporation or any other entity to drive or operate or cause to be driven or operated any Transportation Network Company Service or vehicle upon or over any street in the City, unless a permit issued by the City has been obtained and as provided in this ordinance; provided however, that a TNC vehicle operated by a driver which is permitted, licensed, or authorized by or in another jurisdiction, may operate in the City for the limited purpose of discharging a passenger whose trip originated outside of the City. (2) TNC Permit—Application. (a) Application Requirements. Application for TNC Permit within the City shall be filed with the taxicab inspector on a form provided by the City. The applicant must provide the following information for new and renewal permits: (i) TNC name, TNC owner's name and TNC permit applicant's name, if different. (ii) TNC physical address, mailing and URL addresses, TNC applicant or owner telephone numbers and email addresses. (iii) A sworn statement affirming the TNC has conducted background checks, pursuant to this ordinance. TNC shall not allow a TNC driver to provide TNC Services if found that a TNC driver has been convicted of any federal or state felony as amended or federal or state other offenses as amended involving moral turpitude within the seven (7) years prior to becoming a TNC driver, or other criminal offenses including but not limited to (1) Prostitution or related offenses. (2) Driving while intoxicated or under the influence of any drug. (3) Violations of the Controlled Substance Act. (4) Rape, murder, attempted murder or aggravated assault. (5) Theft over five hundred dollars ($500.00). (6) A felony or other offense involving moral turpitude which may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. 4 (7) Or any other criminal offense that may adversely affects the TNC Driver's ability to provide safe and reliable passenger transportation. (iv) Proof of current valid insurance coverage required by Texas law. (v) A general description of the mobile or electronic means and methodology used to charge passengers for TNC services. (b) Sworn Statement. The application shall include a sworn statement by the applicant stating all information provided in the application is true and stating the TNC will conduct a criminal background checks on TNC Drivers or Operators before allowing the TNC Driver or Operator to accept trip requests through the TNC's Digital Network, and perform another criminal background checks a least annually thereafter. (c) TNC Permit Fee. For administration of permitting each application and each application renewal must be submitted with a non-refundable Permit fee based on the number of authorized drivers on the TNC digital network operating in the City at the time of application or renewal as shown below: (i) $300.00 for ten (10) or fewer drivers. (ii) $600.00 for eleven (11) to forty (40) drivers. (iii) $900.00 for forty-one (41) to seventy (70) drivers. (iv) $1,200.00 for seventy-one (71) or more drivers. Sec. 57-285. - TNC Driver Requirements. (1) Before a TNC permits or allows a person to operate as TNC driver on its digital network, the TNC shall: (a) Require the person to submit an application or sign up with relevant information to the TNC including their address, age, social security number, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC. (2) Conduct, or have a reliable third party conduct, a local, state and national criminal background check for each applicant including: (a) Multi-state/Multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation, primary source search. (b) National Sex Offender Registry database. (c) Obtain and review a driving history research report for the applicant. 5 (3) The TNC shall not permit or allow a person to act or operate as a TNC driver on its digital platform who: (a) Has had more than three moving violations in the prior three-year period, or one or more major violation in the three-year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license); (b) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or class B misdemeanor or higher theft, acts of violence, or acts of terror; (c) Is a match in the National Sex Offender Registry database; (d) Does not possess a valid driver's license; (e) Does not possess proof of registration for the motor vehicle(s) used to provide TNC services; (f) Is not at least 19 years of age; (g) Has been convicted, within the past seven years, of a felony or other offense involving moral turpitude which may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (h) Or has been convicted, within the past seven years, of any other offense that may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (4) Notification. In the event that a TNC becomes aware of a driver being involved in criminal conduct or driving violations or otherwise becomes ineligible to serve as a driver by virtue of no longer meeting the criteria listed above, the TNC shall immediately terminate the driver's ability to access the TNC's digital network. Sec. 57-286. - Insurance Requirements for TNC and Registered Agent. (1) All TNC Permit Holders, Drivers or Operators must at all times comply and show proof of compliance with Texas Insurance Code Chapter 1954 "Insurance for Transportation Network Company Drivers", as amended and any other Texas minimum insurance requirements as required by the Texas Transportation Code, as amended. (2) TNC Permit Holder must have a registered agent in the State of Texas for service of process. 6 Sec. 57-287. - Issuance of TNC Permit, Term and Renewal. (1) Issuing Permit. The applicant must submit the Permit fee and application to the Police Department. The Chief of Police shall issue a TNC Permit stating the TNC's name, address, term and permit number if the Chief of Police finds the permit application requirements are reasonably satisfied. If the Chief of Police determines any of the application requirements are not met then the application must be denied. The TNC applicant may reapply to the Police Department and submit an additional fee with new information for consideration. (2) Term. The Permit will be issued for the period beginning the date of the issuance and will expire one (1) calendar year after issue of the Permit. The Permit must state the year for which it is valid. (3) Renewal. At least thirty (30) days before permit expiration a permitted TNC not in violation of this ordinance may renew its Permit by providing a written request on a form provided by the City for renewal and attaching and submitting the following to the Police Department: (a) Permit Fees. (b) Proof of insurance required by the Texas Insurance Code. (c) TNC Application provided by the City. Sec. 57-288. - Transportation Network Vehicle Inspections. A Transportation Network Vehicle must have a valid State of Texas registration sticker. Sec. 57-289. - Display of Rates and Fares. (1) Posted Amounts On Digital Network. The TNC must post rates and other charges or fees on its internet enabled application or digital network in a manner readily accessible to passengers before the service is provided. The TNC may not allow Drivers to charge or collect a rate higher than the one (1) specified on the internet enabled application or digital network. (2) Dynamic Pricing. If a TNC uses dynamic pricing to maximize the supply of available TNC drivers on the network to match the demand for rides and increase reliability, the software application must: (a) Provide clear and visible indication that dynamic pricing is in effect before a ride is requested. (b) Include a feature requiring riders to confirm understanding that dynamic pricing will be applied for their ride. 7 (c) Provide a fare estimator enabling the rider to estimate dynamic pricing cost before requesting the ride. (d) Dynamic pricing is prohibited during abnormal market disruptions. Sec. 57-290 - TNC Operating Requirements. (1) Identifying Information. The TNC Internet enabled application or digital network accessed by potential passengers shall display after a ride is accepted: (a) An accurate picture of the Transportation Network Driver including readable text stating the driver's first name. (b) A picture or description of the Transportation Network Vehicle including the make and model of the vehicle, and the vehicle license plate number. (2) Receipt and Contact Information. Passengers must be able to request receipts via email or other electronic format. The TNC shall make available on their internet- enabled application or digital network and website a receipt providing: (a) The origin and destination of the trip. (b) The total time and distance of the trip. (c) An itemization of the total fare paid. (d) Access to contact information for the TNC's customer service team or liaison. (3) Request for Service. All requests for service must be placed and accepted only through the internet-enabled application or digital network or website. The TNC may not permit TNC drivers to accept street hails for passenger transportation. (4) Route. Drivers must take the most direct, expeditious and safe route, unless specifically requested by the passenger. (5) Loading or Unloading. It shall be the duty of each driver to pull the Transportation Network Vehicle lawfully to the curb when loading or unloading passengers. (6) No Cash Payments. Any payment for TNC services must made using the TNC's digital network or software application. No cash may be exchanged for TNC services. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of such policy. TNC drivers will not solicit or accept cash payments from passengers as payment for TNC services. (7) Overcrowding. A TNC driver or operator shall not allow Overcrowding of the TNC vehicle while transporting passengers or riders. (8) Non-discrimination and Accessibility. 8 (9) (a) A TNC and TNC Drivers shall comply with all applicable laws concerning non-discrimination and accessibility. (b) TNC drivers shall comply with all applicable laws relating to accommodation of service animals. (c) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. (d) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a TNC cannot arrange wheelchair - accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair -accessible service, if available. Background Check Audits and Driver Information. (a) Records and Books. Each TNC shall maintain: 1. Individual trip records of passenger customers for at least one (1) year from the date each trip was provided; and 2. Individual records of TNC drivers at least until the one (1) year anniversary of the date on which a TNC driver's relationship with the TNC has ended. (b) Audit. The TNC shall permit the City to conduct an audit and examine a reasonable sample of books and records relating to TNC's performance of its obligations under this Agreement at a mutually agreed upon third -party location. The City shall provide notice of the books and records requested for inspection in writing at least seven (7) days before the scheduled examination. (c) Emergency Situations. Any law enforcement officer investigating a criminal case may request TNC driver or operator information from the TNC in emergency situations where a person is in danger of bodily injury, serious bodily injury or death. The TNC must respond immediately. This information must include all information relevant to the investigation. The law enforcement agency will follow up with a warrant or subpoena when practical. (d) Other Criminal Cases. In other criminal cases not involving emergency situations law enforcement will provide the correct means to gather the information and the TNC must respond either verbally or in writing within twenty- four (24) hours. (10) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation network driver carrying a passenger or passengers from CCIA shall pay quarterly the airport use fee established by Chapter 9 of this Code. Additionally, no transportation network 9 driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones. Sec. 57-291 - Suspension or Revocation of TNC Permit of Registration and Appeal. (1) Suspension by Chief of Police. The Chief of Police may suspend or revoke any Permit issued under this ordinance. (2) Notice. Suspension or revocation is effective upon delivery of written notice to the permit holder or by email, fax, hand delivery, regular mail or certified mail. (3) Criteria for Revocation or Suspension. A Permit may be revoked or suspended by the by the Chief of Police upon verification of any of the following: (a) A driver or operator has been convicted of a felony or other offense involving moral turpitude or any offense which may adversely affect the driver or operator's ability to provide safe and reliable passenger transportation to the public. (b) The Permit was obtained based on information in an application in which any material fact was intentionally omitted or falsely stated. (c) The Permit Holder has violated or failed to comply with any of the provisions in this ordinance, any other City ordinance or federal or state law. (d) The Permit Holder has allowed required insurance to be canceled, withdrawn, terminated or to fall below the minimum limits of liability prescribed in this ordinance. (e) The Permit Holder is delinquent on any taxes owed to the City or fails to show financial ability to maintain services in compliance with this ordinance. (f) (g) The Permit Holder has altered, or caused to be altered, the Permit. Discontinuing operations more than ten (10) days. (4) Appeal. The Permit Holder shall have the right to appeal to the City Manager any revocation or suspension action from the Police Chief by delivering the written appeal to the City Secretary within ten (10) days after notice suspension or revocation is received. In the event the Permit Holder fails to deliver the appeal to the City Secretary within the time prescribed, the revocation or suspension by the Police Chief City is final. If the Permit holder timely delivers the notice to the City Secretary, then the City Manager or his designee, shall hear the appeal within twenty (20) days after the filing of the appeal with the City Secretary. City Manager or his designee's decision is final. 10 Sec. 57-292 - Offenses. (1) It shall be unlawful for any person, Permit Holder, driver or operator to solicit potential passengers for Transportation Network Services at, in or near any passenger depot, hotel, airport, bus stop or station, or upon any sidewalk or street or any other place in the City, or use any words or gestures that could be construed as soliciting a passenger for Transportation Network Services. (2) It shall be unlawful for any person to accept or respond to a passenger or potential passenger request for service by traditional street hail, including hand gestures and verbal statements. (3) It shall be unlawful for any person, driver or operator to provide their direct or personal phone number or email address to passengers or potential passengers to enable requests for Transportation Network Services. (4) It shall be unlawful for any person, driver or operator or Permit Holder to violate any part of this ordinance. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication 11 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 12 Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; amending Chapter 57 to remove fingerprint requirements for taxi and vehicle for hire driver's permits and providing for severance, publication, penalty, and an effective date NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows: ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES Sec. 57--281. - Scope. The provisions of this chapter shall not apply to transportation which qualifies as ridesharing. Sec. 57-282. - Definitions. Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by the driver or owner of any vehicle providing transportation for a person; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. Reimbursement for the following is not compensation: (1) Tolls; (2) Vehicle operating costs in an amount that is equal to or less than the most current privately -owned vehicle mileage reimbursement rates established by the U.S. General Services Administration; and (3) Parking costs at the shared destination. Operation of a transportation network vehicle or operating a transportation network vehicle means offering, making available, or using a transportation network vehicle to provide a transportation network service, including any time when a driver is logged onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the company's dispatch records show that the vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide transportation network service to a passenger. Permit means a transportation network company permit. Ridesharing, when describing conduct, means the travelling of two or more persons by any mode of private passenger vehicle, including, but not limited to, carpooling, Page 1 vanpooling, buspooling, to any location incidental to another purpose of the driver, for which compensation is not accepted, collected, encouraged, promoted, or requested. Transportation network permittee or permittee means the holder of, or a person that is required to hold, a current valid transportation network company permit issued pursuant to this chapter. Transportation network driver means an individual affiliated with a transportation network company transporting passengers for compensation using a transportation network vehicle. Transportation network company or TNC means a person that offers or provides a transportation network service. Transportation network service or service means a prearranged transportation service offered or provided for compensation using an internet-enabled application or digital platform to send or transmit an electronic, radio or telephonic communication through the use of a portable or handheld device, monitor, smartphone, or other electronic device or unit that indicates the location of the passenger which information is then relayed by electronic, radio, or data communication of any type to a transportation network driver operating a transportation network vehicle. Transportation network vehicle means any private passenger motor vehicle used to provide transportation network services. Specifically excluded from this definition are: (1) Vehicles used in connection with any phase of a funeral or funeral service; (2) Taxicabs, pedicabs, sightseeing and charter vehicles, limousines, and shuttles, permitted and licensed by the city; and (3) Vehicles operating under a contract with the city. Vehicle for hire driver's permit means a current and valid vehicle for hire driver's permit issued pursuant to division 5 of article 11 of this chapter. Sec. 57-283. - Transportation network company permit required. (a) No person shall operate a transportation network company in the city without a permit issued pursuant to this article. (b) It shall be unlawful for any TNC permitted, licensed, or authorized by another jurisdiction to initiate transportation network service within the corporate boundaries of the city without a permit issued pursuant to this article; provided however, a transportation network vehicle operated by a driver affiliated with a TNC permitted, licensed, or authorized by or in another jurisdiction may come into the city to discharge a passenger whose trip originated outside of the city. Sec. 57-284. - Transportation network company permit fee. Page 2 (a) The fee imposed for a permit issued pursuant to this article shall be in an amount equal to 2% of the annual gross receipts for the operation of each transportation network vehicle operated by each permittee. (b) The fee provided in subsection (a) of this section shall be paid to the city on a quarterly basis on or before the 10th day following the close of the calendar month for which the quarterly payment is calculated. (c) The initial payment shall cover the period beginning from the date the permit was issued to the permittee. Upon the submission of each quarterly payment, the permittee shall file with the taxicab inspector a financial report itemizing the components of the permittee's gross receipts for the payment period. All permittees shall utilize any forms promulgated by the taxicab inspector for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the taxicab inspector. (d) Upon 10 days' notice to the permittee, the taxicab inspector shall have the right to inspect the permittee's records the taxicab inspector deems necessary and appropriate to determine that the permittee is in compliance with the requirements of this section. (e) The fees established in this section shall be payable in addition to any other applicable fees imposed by this Code or other ordinances of the city. Sec. 57-285. - Transportation network permit term. (a) Permits shall be issued for a term of 1 year. Permittees desiring to have reissuance of their permit shall, at least 30 days prior to the expiration of the permit, file with the taxicab inspector a written application for a renewal of their permit. Except as otherwise expressly stated, renewals shall be subject to the same requirements set forth in this article for issuance of new permits. (b) A permit is specific to the permittee to whom it is issued and may not be transferred or otherwise assigned. Any change of ownership, partnership interests, corporate officer or director as shown on the permit application shall render a permit void, unless an application for an amendment is filed within ten days following the effective date of the change. The taxicab inspector shall promulgate procedures for the processing of amendments and may suspend the permit pending the completion of the processing if any additional person who has acquired an interest in the business is determined to have been convicted of an offense listed in section 57-29 (1)(d) of this Code. (c) Each permit is nonexclusive, and no limits or restrictions shall exist upon the number of transportation network vehicles that may be operated provided that each must be operated pursuant to a permit and in accordance with all applicable requirements of this article. Sec. 57-286. - Transportation network company permit—Application. Page 3 (a) An application for a permit shall be submitted on forms to be furnished by the taxicab inspector, and the applicant shall furnish the following information with each application, which shall be sworn to before a notary public or conform to minimum state law requirements for unsworn declarations: (1) The name and form of business under which the service will be operated (If a partnership or corporation, a copy of the partnership agreement or articles of incorporation must be attached.); (2) The name, phone number, mailing address, and street address (if different from the mailing address) of the applicant's agent for service of legal process (which information the applicant shall keep current); A schedule showing the model, manufacturer model year date, type, make, vehicle identification number, license plate number, and mileage of each motor vehicle, and a statement as to the legal ownership of each vehicle proposed to be placed into operation as a transportation network vehicle; (4) Proof of current coverage of insurance as required in section 57-288 of this Code; (5) A general description of the means and methodology used to charge passengers for vehicle for hire transportation services rendered; (6) The proposed schedule of fares, rates, or other compensation to be charged by the applicant; and (7) Any additional information as requested by the taxicab inspector. (b) If the applicant is a partnership or association, the partners or associates, or if the applicant is a corporation, each person who is either an officer or director shall be required to join in filing the application and all of the herein set forth provisions and requirements applicable to individual applicants shall apply to and be required of each such partner, associate, officer or director. Failure of any of the persons heretofore mentioned to meet such requirements shall be grounds to deny the application of the partnership, association or corporation. (3) Sec. 57-287. - Transportation network company permit—Qualifications for permit. (a) The taxicab inspector shall initially review each application for the issuance or amendment of a permit to determine whether the application is complete. If not, he shall return the application to the applicant with a statement of deficiencies. (b) The taxicab inspector shall review complete applications to determine whether the applicant has met all applicable requirements of this chapter and Code. In determining whether an applicant is qualified for a permit, or the renewal thereof, the taxicab inspector shall take into consideration whether: (1) The application was filed with no material inaccuracies or omissions, provided that if the application as originally filed was substantially complete and in proper form, the taxicab inspector shall allow an applicant a reasonable opportunity to Page 4 correct any minor inaccuracies or omissions if that can be accomplished without delaying the processing of applications; (2) The applicant and its principals are in compliance with the criminal history provisions of section 57-29 (1) (d) of this Code; (3) The applicant is in compliance with all applicable city, State of Texas, and federal laws; and (4) The applicant is in compliance with any other applicable requirement of this Code and other laws. (c) The taxicab inspector shall issue the permit if all applicable requirements of this chapter and Code have been met. If the taxicab inspector approves the permit, issuance shall be subject to compliance with this article, including, but not limited to, payment of any required fees, inspection of vehicles to be utilized, and submission of proof of insurance. A permit does not entitle the permittee to act as the driver of covered vehicles. A separate vehicle for hire driver's permit is required for that purpose as provided in section 57-290 of this Code. (d) Applicants who are determined to be unqualified shall be notified of the grounds asserted for that determination and may make a written demand upon the taxicab inspector for a hearing within ten days of receipt of notice that it is unqualified to receive a permit. The taxicab inspector shall conduct a hearing within 15 business days of receipt of a timely written demand for a hearing. If at such a hearing the applicant establishes through competent evidence that the determination that the applicant was unqualified to receive a permit was based upon incorrect findings, the taxicab inspector shall issue the permit. If at such a hearing the determination was found to have been based upon correct findings, the determination shall become final. Sec. 57-288. - Transportation network company permit—Insurance required. (a) Every permittee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Texas, and city laws, including those articulated in Chapter 1954 of the Texas Insurance Code. Sec. 57-289. - Service charges and fare rates. All permittees shall display their fare rate and provide a fare rate estimator on the website, internet-enabled application, or digital platform used by the permittee to connect drivers and passengers. Sec. 57-290. - Transportation network drivers—vehicle for hire driver's permit required. Page 5 It shall be unlawful for any person to operate a transportation network vehicle without a vehicle for hire driver's permit issued pursuant to division 5 of article II of this chapter. Sec. 57-291. - Transportation network driver hours of operation; duty to transport within the corporate limits. (a) A transportation network driver shall not drive for more than 12 hours in any consecutive 24-hour period and a permittee shall not permit or cause a transportation network driver to drive a transportation network vehicle more than 12 hours in any consecutive 24-hour period. (b) A transportation network driver shall not refuse to transport a person to a requested destination located within the corporate limits of the city. Sec. 57-292. - Transportation network vehicles—Vehicle ownership and standards. (a) No person shall operate or cause to be operated any transportation network vehicle in the city unless and until the vehicle meets all the terms and conditions of this article. (b) No permittee shall own or lease or provide financing for the ownership or leasing of any transportation network vehicle. (c) In addition to all other applicable legal requirements, it shall be unlawful for any person to operate or cause to be operated any transportation network vehicle unless the vehicle: (1) Has at least 2 doors and meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type, and proposed use; and (2) Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility vehicle, pickup truck, hatchback or convertible. (d) No vehicle permitted or subject to a certificate of registration and operated as vehicle for hire pursuant to articles II through V of this chapter shall be operated as a transportation network vehicle. (e) The permittee and the permittee's driver shall be jointly and severally liable if the permittee causes or permits the transportation network driver to use a vehicle that does not meet the requirements for a transportation network vehicle. Sec. 57-293. - Transportation network vehicles—Age and mechanical condition. (a) In addition to the provisions of section 57-294 of this Code, no transportation network driver or permittee shall drive or cause to be driven upon the streets of the city any transportation network vehicle that is more than 7 years old. For purposes Page 6 of this requirement, a transportation network vehicle will be considered to be 7 years old on July 31st of the 7th year following the manufacturer's model year of the vehicle, regardless of the purchase date or the date it was originally placed into service. (b) A transportation network driver or permittee may drive or cause to be driven, a transportation network vehicle for an additional 3 year period beyond the age limitations described in subsection (a), if the transportation network driver or permittee submits the vehicle for inspection each year at a location authorized and identified by the director prior to the expiration of the permit issued authorizing the operation of the transportation network vehicle. Sec. 57-294. - Transportation network vehicles—Inspections. (a) Prior to using any transportation network vehicle, and annually thereafter, a permittee or transportation network driver shall have the vehicle inspected at a facility designated by the taxicab inspector, and maintain complete documentation of such inspections in the vehicle at all times, and a written copy of such documentation shall be provided to the taxicab inspector upon request. The inspection shall be made to determine that the transportation network vehicle is in a reasonably good state of repair, clean, and equipped and being operated in compliance with all requirements of this article. Inspections shall include, but not be limited to, the following items: (1) Foot brakes; (2) Parking brakes; (3) Steering mechanism; (4) Windshield; (5) Rear window and other glass; (6) Windshield wipers; (7) Headlights; (8) Tail lights; (9) Turn indicator lights; (10)Stop lights; (11)Front seat adjustment mechanism; (12)Doors (open, close, lock); (13)Horn; (14)Speedometer; (1 5)Bumpers; (16)Muffler and exhaust system; Page 7 (17)Condition of tires, including tread depth; (18)Interior and exterior rear view mirrors; (19)Safety belts for driver and passenger(s); and (20)Heating, ventilation and air-conditioning systems. (b) Upon passing the inspection prescribed in subsection (a) of this section, the taxicab inspector shall issue one certification decal for the transportation network vehicle. The certification decal shall be attached and displayed at the place on the transportation network vehicle designated by the taxicab inspector. The permittee and the transportation network driver shall be jointly and severally liable for any violation of this section. Sec. 57-295. - Transportation network vehicles—Distinctive signage or emblem. (a) In addition to the certification decal issued pursuant to section 57-294(b) of this Code, a transportation network vehicle shall display, as provided by rule, consistent and distinctive signage at all times while being operated as a transportation network vehicle. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular permittee. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Permittees shall file an illustration of their distinctive signage with the taxicab inspector for approval. (b) A transportation network vehicle shall display a consistent and distinctive emblem at all times while being used to provide vehicle for hire transportation services. The taxicab inspector is authorized to specify, by rule, the manner of display, method of issuance, design and contents of such emblem. Sec. 57-296. - Transportation network drivers—Additional operating requirements. (a) In addition to all other applicable requirements provided by law, it shall be unlawful for any person: (1) To operate a transportation network vehicle within the city while not in possession of a valid Driver License; or (2) To operate, or cause to be operated, a transportation network vehicle that does not meet all the applicable requirements of this chapter. (b) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation network driver carrying a passenger or passengers from CCIA shall pay to the city the airport use fee established from time to time by chapter 9 of this Code. Additionally, no Page 8 transportation network driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones. (c) It shall be unlawful for any permittee or transportation network driver to solicit potential passengers for vehicle for hire services at, in or near any passenger depot, hotel, airport, ship or ferry landing, bus stop or station, or upon any sidewalk or street or any other place in the city, or use any words or gestures that could be construed as soliciting a passenger for vehicle for hire transportation services. (d) It shall be unlawful for a transportation network driver to accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements. It shall be unlawful for a transportation network driver to provide his or her direct phone number or email address to passengers or potential passengers to enable requests for service. A TNC shall immediately notify the taxi inspector and provide any evidence in its possession if it obtains actual knowledge of any violation of this subsection. (e) It shall be the duty of each transportation network driver to pull his transportation network vehicle to the curb when loading or unloading passengers. The permittee's internet enabled application or digital platform accessed by potential passengers shall display for the potential passenger: (1) a picture of the transportation network driver and (2) a picture of the transportation network vehicle the driver is approved to use, including the license plate number of the driver's transportation network vehicle. In addition, any permittee shall make any information displayed in the permittee's Internet -enabled application or digital platform also available on such permittee's website. The permittee shall make available on the mobile application and the receipt provided to the passenger, the contact information for the permittee's customer service liaison, including, but not limited to, the liaison's name, phone number, and e-mail address. (f) (9) (h) Any permittee shall clearly disclose, on the permittee's on-line enabled application or digital platform and website, that the permittee is a TNC. Additionally, the disclosure shall state that each permittee is required to maintain insurance policies as specified in section 57-288 of this Code. Any transportation network driver shall provide to any authorized law enforcement officer proof of the insurance policies required by this article in case of an accident involving a transportation network vehicle while operating a transportation network vehicle. (i) (j) Any permittee shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a permittee cannot provide a wheelchair - accessible transportation network vehicle, it shall provide the prospective passenger with for hire transportation services in a manner consistent with section 57-137 of this Code. (k) Any permittee shall have an affirmative duty to respond to requests for service and shall be responsible for the actions of any of its employees, transportation network Page 9 drivers, or other person that reports to, or acts as an agent of, the permittee, for any failure to respond to a request for service. (I) All transportation network drivers operating a transportation network vehicle shall at all times: (1) carry proof of the insurance policies required in section 57-288 of this Code covering the vehicle; (2) carry an electronic or paper copy of the agreement or terms of service between the driver and the TNC; and (3) display the certification decal and distinctive signage or emblem required by this article. A transportation network driver shall log onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers immediately upon entering his or her transportation network vehicle with the intent to provide service. Upon request a transportation network driver shall display to the taxicab inspector, or other person authorized to enforce this chapter, a physical or electronic record of a ride in progress sufficient to establish that it was a prearranged transportation service. To the extent that trip records are contained on an electronic device, a transportation network driver is not required to relinquish custody of the device in order to make the required display but must demonstrate to the taxicab inspector or other person authorized to enforce this chapter that the transportation network driver has in his possession proof of that the ride in progress is the result of a prearranged transportation service. (n) Any terms or conditions in the agreement between the permittee and transportation network driver, or between the permittee and any passenger, that would act as a waiver of the permittee's liability to the passenger or to the public, are declared to be contrary to public policy, null, void and unenforceable. (m) SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. SECTION 6. Chapter 57, Section 97 "Application for taxicab or vehicle for hire driver's permit" is revised to read as follows: Sec. 57-97. - Application for taxicab or vehicle for hire driver's permit. Page 10 (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is contracted with. (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3) months. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, _ - _ _ _ _ ' _ ' _ _ - and four (4) current passport photos of applicant. Taxi inspector shall have the authority to determine acceptable photographs. (5) Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony or misdemeanor and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab or vehicle for hire company. The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (7) A medical report dated not more than thirty (30) days prior to date of application, from a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. (8) The number and date of issuance of applicant's Texas Class A, B or C license. (9) The most recent date of completion of a certified defensive driving course, not to exceed two (2) years between completion date and application date. (b) An applicant may receive a temporary taxicab or vehicle for hire driver's permit that will expire thirty (30) calendar days after the date it is granted while pending Page 11 satisfaction of subsections (a)(7) and (a)(9) above. A temporary permit will only be granted to those applicants whose criminal background checks comport with the requirements found at section 57-98 of this Code. SECTION 7. Chapter 57, Section 102 "Driver registration files" is revised to read as follows: Sec. 57-102. - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective certificate holder, the driver should be contracted to drive taxicabs or a vehicle for hire in the city. Page 12 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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 Page 13 City of Corpus Christi Vehicle for Hire / Taxi Ordinance Discover, Discuss & Decide Process May 10, 2016 Timeline May 3 No Council Airport Taxi Focus Group 10 Discuss / Direction 17 2nd Reading Ordinance No. 030788 / 1st Reading Initiative 24 2nd Reading Ordinance No. 030788 / 1st Reading Initiative Council Questions Questions Asked by City Council on April 26th, 2016 1. Provide taxi cab rates for the "Company Regulated" cities of Bryan, College station and Waco. Taxi Rate information was not available for the cities of Bryan, College Station or Waco. A number of online Taxi Rate Finding services were used, all of which did not have Taxi rate information for the cities requested. New Discovery Responses from Taxi Focus Groups and Questionnaires ■ Airport Taxi Focus Group — Meeting 5.3.16 Requests Include: 1. City or Airport to issue all taxis an Automated Vehicle Identification (AVI) Tag which will replace the current paper permit. 2. Airport permit fees to be reduced by 83% and paid on annual basis only 3. The Airport permit will be the standard fee structure for Taxi Cabs and TNCs 4. An option to apply for, and purchase Airport permits on line. 5. A commercial lane and curbside to be reserved for Taxi Cab Use only — TNCs in Parking Lot 6. Airport to post a sign listing all City Taxi Cab phone numbers at no charge ■ Taxi PD Focus Group — Questionnaire Sent by PD on 4.29.16 No Response Received New Discovery Responses from TNC Questionnaires Sent on 4.25.16 TNC2% Provider COMPANY DRIVER VEHICLE AIRPORT Annual Permit Annual Gross Reciepts Trade Signage Record Inspection 12 hrs per 24 hrs Driver Limit Vehicle for Hire Permit $50 Permit Fee Medical Report Fingerprint Background Check Annual Vehicle Inspection by City 7 Yr Cap, 3 Yr Extension with Inspection Comply with Airport Regulations Monthly $50 Trip Fee or$2 per Arrival for Taxicabs U be r Flat Fee $1 Pickup Fee Tride X20- $30 $20- $30 $1 Pickup Fee Get Me Favor Oppose 5 Background Potential TNC Ordinances TNC DRIVER VEHICLE AIRPORT City Data & Ordinance Adoption TNC requires permit to operate TNC permit fee Requires place of business within the City Trade Signage or emblem Right to inspect business records TNC driver permit required TNC driver permit fee Limit on operating hours of driver Physical / Medical Background check for drivers required Vehicle Inspection Limit on age of vehicle Compliance with Airport Regulations Airport Permit Airport Fees Corpus Christi Under Reconsideration Annual 2% gross receipts no yes, readable at a distance of at least 50 feet yes Vehicle for hire driver's permit required,24 valid 2 years 50 Driver limited to 12 hours in hour time span yes Council Discretion Annual by City Taxi inspector 10 years (7 years with 3 year extension) required To Be Established none currently established Corpus Christi Initiative Annual (i) $300.00 for (10) or fewer drivers. $600.00 for (11) to (40) drivers. (iii) $900.00 for (41) to (70) drivers. (iv) $1,200.00 for (71) or more drivers. no no yes No, TNC responsible for ensuring driver's are qualified n/a no no TNC responsiblefor conducting Nationwide background check No, require compliance with State law no required required not specified Background Current Taxi Ordinance TAXI COMPANY DRIVER VEHICLE AIRPORT Min # of Vehicles Certificate of Operation Local Office City Access to Records Street Usage Fee Finger Printing Driver Training Medical Permit Licensing Fee Vehicle Inspection Fire Age of Vehicle Permit Required User Trip Fee Extinguishers Corpus Christi 10/12 3 $250 per 5 Years yes yes $100 per vehicle Quarterly yes yes yes $50 for 2 years $15 City yes 6 begin service max 10 years $50 per Month no Discussion & Direction Redline Version of Ordinance #030788 — Agenda Item #16-0507 Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; amending Chapter 57 to remove fingerprint requirements for taxi and vehicle for hire driver's permits and providing for severance, publication, penalty, and an effective date NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows: Initiative Ordinance — Agenda Item #16-0508 Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date Whereas, Article I, Section 4 of the City Charter provides that any fifty registered voters may commence initiative proceedings to propose ordinances to City Council; Whereas, on April 15, 2016, the City Secretary was presented with a petition with at least 50 registered voters entitled "Statement of Intent to Circulate Petition Calling for Initiative" Whereas, Article I Section 1 of the City Charter provides that in the case of an initiative, the City Attorney shall draft an ordinance in legal form, consistent with the laws of the State and the United States, incorporating in substance the text submitted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows: Consideration —Decision & Direction Questions Questions for Staff Regarding Any Topics Covered? 10 Airport Taxi Company Focus Group May 3rd 2016 Requests made by Taxi Companies 1. Would like City or Airport to issue all taxis an Automated Vehicle Identification (AVI) Tag 2. Would like Airport permits fees to be reduced by 83% and paid on annual bases only 3. Would like the AVI Tag to replace current paper Airport Permit 4. Would like the Airport permit to be standard fee structure for Taxi Cabs and TNCs 5. Would like an option to apply and pay for Airport permits on line. 6. Would like commercial lane and curbside to be reserved for Taxi Cab Use only—TNCs in Parking Lot 7. Would like Airport to post a signs listing all City Taxi Cab phone numbers at no charge Transportation Network Company Regulation Questionnaire The City of Corpus Christi is currently evaluating the attached ordinance for passage. In an effort to create a regulatory scheme that provides safe transportation for the public that is not unduly burdensome on the transportation industry, the City is seeking your input in the form of the attached questionnaire. The attached form and any response will be provided to City Council and will be a matter of Public Record. Reponses submitted by: Chris Miller on behalf of Transportation Network Company: Uber Technologies Company Regulations 1. Sec. 57-285 proposes Transportation Network Company (TNC) permit be issued for the term of 1 year. Does your company oppose or have an alternative recommended term? Response: We support an operating permit for TNCs. 2. Sec. 57-284 proposes a TNC permit fee of 2% of annual gross receipts for the operation of each transportation network vehicle operated by each permittee. Does your company oppose or have an alternative recommended fee? Response: Oppose. We support a flat fee structure, similar to what we've seen adopted in most Texas cities. 3. Sec. 57-295 proposes a requirement that TNC vehicles have trade signage or emblem readable at a distance of at least 50 feet. Does your company oppose or have an alternative recommended trade signage regulation? Response: Oppose. This is actually a safety concern for us because people who are not on the Uber platform could use this easily attainable signage to persuade people to get in the car with them. The only way to know who is an authorized driver on the Uber platform is through the app, which cannot be replicated. 4. Sec. 57-284 proposes that TNC records necessary to determine gross receipts are inspectable by Taxi inspector upon 10 days notice. Does your company oppose or have an alternative recommended record inspection requirement? Response: Oppose. This is inconsistent with TNC regulations we've seen across the state and country. Driver Regulation 5. Sec. 57-29lproposes TNC driver's hours of operation is limited to 12 hours in any consecutive 24 hour period. Does your company oppose or have an alternative recommended operating hours for drivers? Response: Oppose. 6. Sec. 57-290 proposes that TNC drivers are required to have a vehicle for hire driver's permit. Does your company oppose or have alternative recommended driver permit requirement? Response: Oppose. Thirty states and many cities have laid out regulations that clearly regulate TNCs without creating any redundant permitting requirements or artificial barriers to entry for individual driver -partners. 7. Current City Ordinance Sec.57-96 establishes a $50 permit fee for vehicle for hire driver's permit. Does your company oppose or have an alternative recommended driver permit fee? Response: Oppose. We would propose a flat fee for a company operating permit as is done in most Texas cities. 8. Current City Ordinance Sec. 57-97 requires vehicle for hire driver permit applicants to submit a medical report certifying applicant is physically fit to operate a vehicle. Does your company oppose or have an alternative recommended physical fitness certification for driver permits? Response: Oppose. This is inconsistent with ridesharing regulations in most other cities and states. 9. Current City Ordinance Sec. 57-97 requires vehicle for hire driver permit applicants to submit to a fingerprint background check. Does your company oppose or have an alternative recommended background check requirement for driver permits? Response: Oppose. We would propose that all drivers must a complete a national in scope background check performed by a nationally accredited third party background check provider, which is consistent with ridesharing regulations in thirty states that cover a population of 200 million Americans. Vehicle Regulation 10. Sec.57-294 proposes that TNC vehicles to be inspected annually by the City. Does your company oppose or have an alternative recommended vehicle inspection? Response: Oppose. Each driver's vehicle must already undergo an annual state inspection, which is required to drive on the Uber platform. 11. Sec. 57-293 proposes TNC vehicles have an age limitation not to exceed 7 years in age. The 7 years can be extended 3 years with additional vehicle inspection. Does your company oppose or have an alternative recommended vehicle age limitation? Response: Oppose. We propose that this should be left up to the TNC, as is the case in many states and cities. Airport Regulations City Staff is currently drafting specific TNC regulations for the Airport. 12. Sec. 57-296 proposes that TNC drivers operating at Corpus Christi International Airport comply with Airport regulations. Does your company oppose or have an alternative recommendation for requiring compliance with additional TNC Airport regulations? Response: We would prefer to discuss appropriate pickup and dropoff details directly with the airport. 13. Current City Ordinance, Chapter 9 does not specifically address TNC usage. Current City Ordinance establishes a trip fee of $50 monthly or $2 per arrival for taxicabs. Would your company oppose or have alternative recommendations for additional fees for TNC vehicles at the Airport? Response: Oppose. We support allowing consumers and airport travelers to have more transportation options. We propose a $1 per pickup fee for every trip originating from the airport. Additional Feedback Please provide any additional feedback or comments: We are hopeful that the City of Corpus Christi will adopt modern ridesharing regulations similar to those recently adopted by other Texas cities (e.g., Beaumont, College Station, Bryan, Abilene, San Marcos) and already in place in thirty states. Transportation Network Company Regulation Questionnaire The City of Corpus Christi is currently evaluating the attached ordinance for passage. In an effort to create a regulatory scheme that provides safe transportation for the public that is not unduly burdensome on the transportation industry, the City is seeking your input in the form of the attached questionnaire. The attached form and any response will be provided to City Council and will be a matter of Public Record. Responses submitted by: on behalf of Transportation Network Company: Jonathan Laramy Get Me, LLC Company Regulations 1. Sec. 57-285 proposes Transportation Network Company (TNC) permit be issued for the term of 1 year. Does your company oppose or have an alternative recommended term? Response: Get Me does not oppose. 2. Sec. 57-284 proposes a TNC permit fee of 2% of annual gross receipts for the operation of each transportation network vehicle operated by each permittee. Does your company oppose or have an alternative recommended fee? Response: Get Me does not oppose. In other cities that collect a portion of annual gross receipts from TNC's, some cities we are operating in provide a portion of these fees, paid by all TNC's, to helping driver cost to comply with that cities ordinance requirements. Think it would be helpful to discuss monies collected from TNC's by city. There are 5 TNC's in Austin for example - depending on how the process is managed by the cities, what money goes to help the ondemand driver? Some cities collect fees per vehicle (Taxi's for example) and that pays for a good deal of the permit process. An Example - background checks - happy to discuss more 3. Sec. 57-295 proposes a requirement that TNC vehicles have trade signage or emblem readable at a distance of at least 50 feet. Does your company oppose or have an alternative recommended trade signage regulation? Response: Get Me does not oppose. Get Me will provide trade signage to the ondemand driver who chooses to utilize the Get Me platform (App). As long as they have met all requirements in the city ordinance as well as attended the final process to onboard with Get Me, which includes a personal meeting with the driver, visual inspection of vehicle they plan to use on the Get Me platform, a review of how the Get Me App works, a picture taken to be used for the Get Me identification badge and vehicle photo for verification in Get Me database to show on Member side of mobile app. The personal meeting also serves to provide ondemand driver with a Get Me lanyard that holds the Identification card and a 5x5 vehicle trade signage. We are open to discuss if more is needed but this has worked well in the other cities, Get Me is currently in: Dallas, TX Austin, TX, Houston TX San Antonio, TX Galveston, TX and Las Vegas, NV. 621 PM i Mark White 972-867-5309 mark@omaileom RA0000032 T#23749951 Toyota RAV4 Plates: CX5 7266 SIGN OUT Miami M Go 9= Mark W III Toyota RAV4 Plates: CXS7266 e wa Q 10014 Oil Canrel RA. get.me. [somethi n gorsomewh a re]. getme.com criver support number: (844)344-2129 4. Sec. 57-284 proposes that TNC records necessary to determine gross receipts are inspectable by Taxi inspector upon 10 days notice. Does your company oppose or have an alternative recommended record inspection requirement? Response: Get Me does not oppose. Driver Regulation 5. Sec. 57-291proposes TNC driver's hours of operation is limited to 12 hours in any consecutive 24 hour period. Does your company oppose or have an alternative recommended operating hours for drivers? Response: Get Me does not oppose. However, drivers typically work for other TNC companies so we would not be able to regulate the hours on all Apps. Also, they can be sitting at home on our platform and not have to be in the vehicle to accept requests. Get Me is all about providing data and will work with Corpus Christi in the same manner as we have with the other cities which have same requirement. Side Note: Our terms and conditions state that drivers are prohibited from providing rides for more than 12 hours in a 24 hour period. 6. Sec. 57-290 proposes that TNC drivers are required to have a vehicle for hire driver's permit. Does your company oppose or have alternative recommended driver permit requirement? Response: Get Me does not oppose. Get Me will follow the Corpus Christi's ordinance for TNC companies - drivers will not be live on the Get Me platform (App) until every box is checked. Have some additional thoughts on cities in TX that have ordinance which align. We can discuss further via call or in person - we believe this would benefit: driver, city, community and TNC's. 7. Current City Ordinance Sec.57-96 establishes a $50 permit fee for vehicle for hire driver's permit. Does your company oppose or have an alternative recommended driver permit fee? Response: Get Me does not oppose. Like other cities requiring a TNC driver permit, the driver would be responsible for the fee in order to acquire that city's permit before onboarded with Get Me. As we have seen in other Texas cities (i.e. Houston and Galveston), the cost of the driver permit fee also includes the driver fingerprint portion and more... Question: Would this permit enable ondemand drivers for use "the permit" in multiple TNC Apps - like other cities - correct? Also, the permit allow the ondemand driver to use for other transportation types; i.e. taxi's? 8. Current City Ordinance Sec. 57-97 requires vehicle for hire driver permit applicants to submit a medical report certifying applicant is physically fit to operate a vehicle. Does your company oppose or have an alternative recommended physical fitness certification for driver permits? Response: Get Me does not oppose. This is an interesting question, if they are certified by the state/city to have a drivers license - what does a medical report do in addition to the already granted /passed drivers license? 9. Current City Ordinance Sec. 57-97 requires vehicle for hire driver permit applicants to submit to a fingerprint background check. Does your company oppose or have an alternative recommended background check requirement for driver permits? Response: Get Me does not oppose. In fact, Get Me is in the process of working with a background company that do fingerprinting and ties into DPS. Get Me is hopeful by end of year to partner with this company / 3rd party in all cities even where ordinances do not require fingerprinting to be part of our background check process. Initial research shows that it is faster with results, easier for driver, more cost effective, and although we are not law makers, Get Me feels every City has an obligation to the community to make sure they do all they can in the name of safety. We would welcome reciprocity with other Texas cities that require fingerprinting. Maybe TX cities with similar ordinances could work together. For example, Houston and Galveston have similar requirements so the ondemand driver could save time and money because the want to drive in both cities. Again in the name of ease, lower cost, shared city goals and safety. We would be happy to discuss further. Vehicle Regulation 10. Sec.57-294 proposes that TNC vehicles to be inspected annually by the City. Does your company oppose or have an alternative recommended vehicle inspection? Response: Get Me does not oppose. However, we would like to suggest that a driver only be required to have one inspection annually the encompasses all different TNC they choose to drive for whether it be Get Me, UBER, Lyft, etc. Get Me is following this ordinances in some cities now that this is required. With a lot of mileage on the vehicle it makes sense from a safety perspective as long as it is cost effective and convenient for the ondemand driver. 11. Sec. 57-293 proposes TNC vehicles have an age limitation not to exceed 7 years in age. The 7 years can be extended 3 years with additional vehicle inspection. Does your company oppose or have an alternative recommended vehicle age limitation? Response: Get Me does not oppose. Airport Regulations City Staff is currently drafting specific TNC regulations for the Airport. 12. Sec. 57-296 proposes that TNC drivers operating at Corpus Christi International Airport comply with Airport regulations. Does your company oppose or have an alternative recommendation for requiring compliance with additional TNC Airport regulations? Response: Get Me does not oppose. Thought.• interesting that there are regulation on origination trips ok.... but would suggest that drop-offs at airport be permitted as in other cities. Get Me would not allow pick-ups or drop- offs in designated taxi stands or loading zones. Could even be a designated area. 13. Current City Ordinance, Chapter 9 does not specifically address TNC usage. Current City Ordinance establishes a trip fee of $50 monthly or $2 per arrival for taxicabs. Would your company oppose or have alternative recommendations for additional fees for TNC vehicles at the Airport? Response: Get Me does not oppose. Thought:• an origination fee for pick-ups at airport such as $1.00 per origination similar to San Antonio International Airport but would suggest, as in other cities, drop offs are no charge. With that said you can call any of the cities we are operating in and they will tell you we are "good corporate citizens" and follow the rules. Additional Feedback Please provide any additional feedback or comments: Get Me would like to schedule a call with Mr. Brice and team to discuss other feedback we have learned from other Cities we operate in (Texas). Transportation Network Company Regulation Questionnaire The City of Corpus Christi is currently evaluating the attached ordinance for passage. In an effort to create a regulatory scheme that provides safe transportation for the public that is not unduly burdensome on the transportation industry, the City is seeking your input in the form of the attached questionnaire. The attached form and any response will be provided to City Council and will be a matter of Public Record. Reponses submitted by: Blake Litton & Mack Parks on behalf of Transportation Network Company: Tride Technology, LLC (Tride Rideshare) Company Regulations 1. Sec. 57-285 proposes Transportation Network Company (TNC) permit be issued for the term of 1 year. Does your company oppose or have an alternative recommended term? Response: Tride Technology, LLC has no opposition to this proposal. Term of 1 year is fair and applicable. 2. Sec. 57-284 proposes a TNC permit fee of 2% of annual gross receipts for the operation of each transportation network vehicle operated by each permittee. Does your company oppose or have an alternative recommended fee? Response: Tride Technology, LLC proposes 1% before tips for each transportation network vehicle. 3. Sec. 57-295 proposes a requirement that TNC vehicles have trade signage or emblem readable at a distance of at least 50 feet. Does your company oppose or have an alternative recommended trade signage regulation? Response: Tride Technology, LLC agree to the trade signage and emblem, however we suggest that these not be permanent fixtures on the vehicle, that the driver can remove these when not on duty. 4. Sec. 57-284 proposes that TNC records necessary to determine gross receipts are inspectable by Taxi inspector upon 10 days notice. Does your company oppose or have an alternative recommended record inspection requirement? Response: Tride Technology, LLC has no opposition to this proposal. Driver Regulation 5. Sec. 57-29lproposes TNC driver's hours of operation is limited to 12 hours in any consecutive 24 hour period. Does your company oppose or have an alternative recommended operating hours for drivers? Response: Tride Technology, LLC has no opposition to this proposal. 6. Sec. 57-290 proposes that TNC drivers are required to have a vehicle for hire driver's permit. Does your company oppose or have alternative recommended driver permit requirement? Response: Tride Technology, LLC has no opposition to the permit fee, as long as it is affordable, between $20 - $30. 7. Current City Ordinance Sec.57-96 establishes a $50 permit fee for vehicle for hire driver's permit. Does your company oppose or have an alternative recommended driver permit fee? Response: Tride Technology, LLC suggests a permit fee that is affordable, in the amount of $20 to $30. S. Current City Ordinance Sec. 57-97 requires vehicle for hire driver permit applicants to submit a medical report certifying applicant is physically fit to operate a vehicle. Does your company oppose or have an alternative recommended physical fitness certification for driver permits? Response: Tride Technology, LLC suggest that there should not be a medical certification requirement, due to the cost to the driver. 9. Current City Ordinance Sec. 57-97 requires vehicle for hire driver permit applicants to submit to a fingerprint background check. Does your company oppose or have an alternative recommended background check requirement for driver permits? Response: Tride Technology, LLC agrees to the fingerprint background check. Vehicle Regulation 10. Sec.57-294 proposes that TNC vehicles to be inspected annually by the City. Does your company oppose or have an alternative recommended vehicle inspection? Response: Tride Technology, LLC has no opposition to this. 11. Sec. 57-293 proposes TNC vehicles have an age limitation not to exceed 7 years in age. The 7 years can be extended 3 years with additional vehicle inspection. Does your company oppose or have an alternative recommended vehicle age limitation? Response: Tride Technology, LLC has no opposition to this. Airport Regulations City Staff is currently drafting specific TNC regulations for the Airport. 12. Sec. 57-296 proposes that TNC drivers operating at Corpus Christi International Airport comply with Airport regulations. Does your company oppose or have an alternative recommendation for requiring compliance with additional TNC Airport regulations? Response: Tride Technology, LLC has no opposition to this. 13. Current City Ordinance, Chapter 9 does not specifically address TNC usage. Current City Ordinance establishes a trip fee of $50 monthly or $2 per arrival for taxicabs. Would your company oppose or have alternative recommendations for additional fees for TNC vehicles at the Airport? Response: Tride Technology, LLC suggests $1 pickup fee for TNC vehicles. Additional Feedback Please provide any additional feedback or comments: Tride Technology, LLC strongly believes the proposed regulations outlined above are fair for all parties involved with the rideshare industry. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 23, 2016 Second Reading Ordinance for the City Council Meeting of March 8, 2016 Reconsideration of Second Reading Ordinance for the City Council Meeting of May 10, 2016 DATE: May 3, 2016 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3361 Second Reading Ordinance with Council -motioned language CAPTION: Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. PURPOSE: This proposed ordinance removes transportation network companies (TNC's) from the regulatory scheme for taxicabs and provides regulations described in the attached Chart*. BACKGROUND AND FINDINGS: Some members of City Council had requested an ordinance to regulate Transportation Network Companies (TNC) that is similar to the Houston regulations. The proposed ordinance is intended to mirror, as much as possible, the regulations established by the City of Houston for TNC's. City Council voted and passed Second Reading Ordinance on March 8, 2016. City Council voted and approved a motion to reconsider the ordinance at the subsequent March 29, 2016 meeting. The vote on reconsideration was tabled to allow for the 3-D (discover, discuss, and decide) process to occur. Staff was directed to bring back the ordinance with the fingerprint background checks for TNC and taxi driver removed within 30 to 60 days. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. 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): Not Applicable Comments: See attached chart RECOMMENDATION: Policy decision by City Council LIST OF SUPPORTING DOCUMENTS: Ordinance — with Council -motioned language in red; language has not been amended into the ordinance *Please see chart attached below Taxis under current regulations Taxis under reconsidered ordinance with motion language TNCs under reconsidered ordinance with motion language Company requires permit to operate Certificate, a term not to exceed 5 years 57-30 same Annual 57-283 & 57-285 Company permit fee $250 application fee, $100 per vehicle, minimum $500 paid quarterly 57-31 & 57-36 same 2% gross receipts, paid quarterly 57-284 Driver permit required valid 2 years 57-96,103 same valid 2 years 57-290, 57-96, & 57-103 Driver permit fee $50 57-96 same $50 $57-96 Background check for drivers required Fingerprint background check 57-97 no no Trade Signage or emblem Yes, company and phone number on side and rear of vehicle, at least 2&1/2 inch lettering 57-83 same yes, readable at a distance of at least 50 fee 57-295 Requires place of business within the City Yes, 57-32 same no Right to inspect business or operations records Yes, 57-39 same Yes 57-284 Vehicle Inspection Annual, Taxi inspector 57-80 same Annual, City designated inspector 57-294 Limit on age of vehicle 10 years (6 years with 4 year extension) 57-88 same 10 years (7 years with 3 year extension) 57-293 Limit on operating hours of driver Driver limited to 12 hours in 24 hour time span 57-106 same Driver limited to 12 hours in 24 hour time span 57-291 Vehicle requires Fire extinguisher Yes 57-87 same Yes 57-87 Insurance required Yes 57-56 same Yes 57-288 & Texas Insurance Code, Chapter 1954 Compliance with Airport Regulations Required 9-61 same Required 57-296 & 9-61 Airport Permit Yes 9-61 same Yes 9-61 Airport Fees $50 monthly or $2.00 per arrival 9-61 same None currently established in Chapter 9 Ordinance Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; amending Chapter 57 to remove fingerprint requirements for taxi and vehicle for hire driver's permits and providing for severance, publication, penalty, and an effective date NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows: ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES Sec. 57--281. - Scope. The provisions of this chapter shall not apply to transportation which qualifies as ridesharing. Sec. 57-282. - Definitions. Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by the driver or owner of any vehicle providing transportation for a person; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. Reimbursement for the following is not compensation: (1) Tolls; (2) Vehicle operating costs in an amount that is equal to or less than the most current privately -owned vehicle mileage reimbursement rates established by the U.S. General Services Administration; and (3) Parking costs at the shared destination. Operation of a transportation network vehicle or operating a transportation network vehicle means offering, making available, or using a transportation network vehicle to provide a transportation network service, including any time when a driver is logged onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the company's dispatch records show that the vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide transportation network service to a passenger. Permit means a transportation network company permit. Ridesharing, when describing conduct, means the travelling of two or more persons by any mode of private passenger vehicle, including, but not limited to, carpooling, Page 1 vanpooling, buspooling, to any location incidental to another purpose of the driver, for which compensation is not accepted, collected, encouraged, promoted, or requested. Transportation network permittee or permittee means the holder of, or a person that is required to hold, a current valid transportation network company permit issued pursuant to this chapter. Transportation network driver means an individual affiliated with a transportation network company transporting passengers for compensation using a transportation network vehicle. Transportation network company or TNC means a person that offers or provides a transportation network service. Transportation network service or service means a prearranged transportation service offered or provided for compensation using an internet-enabled application or digital platform to send or transmit an electronic, radio or telephonic communication through the use of a portable or handheld device, monitor, smartphone, or other electronic device or unit that indicates the location of the passenger which information is then relayed by electronic, radio, or data communication of any type to a transportation network driver operating a transportation network vehicle. Transportation network vehicle means any private passenger motor vehicle used to provide transportation network services. Specifically excluded from this definition are: (1) Vehicles used in connection with any phase of a funeral or funeral service; (2) Taxicabs, pedicabs, sightseeing and charter vehicles, limousines, and shuttles, permitted and licensed by the city; and (3) Vehicles operating under a contract with the city. Vehicle for hire driver's permit means a current and valid vehicle for hire driver's permit issued pursuant to division 5 of article II of this chapter. Sec. 57-283. - Transportation network company permit required. (a) No person shall operate a transportation network company in the city without a permit issued pursuant to this article. (b) It shall be unlawful for any TNC permitted, licensed, or authorized by another jurisdiction to initiate transportation network service within the corporate boundaries of the city without a permit issued pursuant to this article; provided however, a transportation network vehicle operated by a driver affiliated with a TNC permitted, licensed, or authorized by or in another jurisdiction may come into the city to discharge a passenger whose trip originated outside of the city. Sec. 57-284. - Transportation network company permit fee. Page 2 (a) The fee imposed for a permit issued pursuant to this article shall be in an amount equal to 2% of the annual gross receipts for the operation of each transportation network vehicle operated by each permittee. (b) The fee provided in subsection (a) of this section shall be paid to the city on a quarterly basis on or before the 10th day following the close of the calendar month for which the quarterly payment is calculated. (c) The initial payment shall cover the period beginning from the date the permit was issued to the permittee. Upon the submission of each quarterly payment, the permittee shall file with the taxicab inspector a financial report itemizing the components of the permittee's gross receipts for the payment period. All permittees shall utilize any forms promulgated by the taxicab inspector for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the taxicab inspector. (d) Upon 10 days' notice to the permittee, the taxicab inspector shall have the right to inspect the permittee's records the taxicab inspector deems necessary and appropriate to determine that the permittee is in compliance with the requirements of this section. (e) The fees established in this section shall be payable in addition to any other applicable fees imposed by this Code or other ordinances of the city. Sec. 57-285. - Transportation network permit term. (a) Permits shall be issued for a term of 1 year. Permittees desiring to have reissuance of their permit shall, at least 30 days prior to the expiration of the permit, file with the taxicab inspector a written application for a renewal of their permit. Except as otherwise expressly stated, renewals shall be subject to the same requirements set forth in this article for issuance of new permits. (b) A permit is specific to the permittee to whom it is issued and may not be transferred or otherwise assigned. Any change of ownership, partnership interests, corporate officer or director as shown on the permit application shall render a permit void, unless an application for an amendment is filed within ten days following the effective date of the change. The taxicab inspector shall promulgate procedures for the processing of amendments and may suspend the permit pending the completion of the processing if any additional person who has acquired an interest in the business is determined to have been convicted of an offense listed in section 57-29 (1)(d) of this Code. (c) Each permit is nonexclusive, and no limits or restrictions shall exist upon the number of transportation network vehicles that may be operated provided that each must be operated pursuant to a permit and in accordance with all applicable requirements of this article. Sec. 57-286. - Transportation network company permit—Application. Page 3 (a) An application for a permit shall be submitted on forms to be furnished by the taxicab inspector, and the applicant shall furnish the following information with each application, which shall be sworn to before a notary public or conform to minimum state law requirements for unsworn declarations: (1) The name and form of business under which the service will be operated (If a partnership or corporation, a copy of the partnership agreement or articles of incorporation must be attached.); (2) The name, phone number, mailing address, and street address (if different from the mailing address) of the applicant's agent for service of legal process (which information the applicant shall keep current); A schedule showing the model, manufacturer model year date, type, make, vehicle identification number, license plate number, and mileage of each motor vehicle, and a statement as to the legal ownership of each vehicle proposed to be placed into operation as a transportation network vehicle; (4) Proof of current coverage of insurance as required in section 57-288 of this Code; (5) A general description of the means and methodology used to charge passengers for vehicle for hire transportation services rendered; (6) The proposed schedule of fares, rates, or other compensation to be charged by the applicant; and (7) Any additional information as requested by the taxicab inspector. (b) If the applicant is a partnership or association, the partners or associates, or if the applicant is a corporation, each person who is either an officer or director shall be required to join in filing the application and all of the herein set forth provisions and requirements applicable to individual applicants shall apply to and be required of each such partner, associate, officer or director. Failure of any of the persons heretofore mentioned to meet such requirements shall be grounds to deny the application of the partnership, association or corporation. (3) Sec. 57-287. - Transportation network company permit—Qualifications for permit. (a) The taxicab inspector shall initially review each application for the issuance or amendment of a permit to determine whether the application is complete. If not, he shall return the application to the applicant with a statement of deficiencies. (b) The taxicab inspector shall review complete applications to determine whether the applicant has met all applicable requirements of this chapter and Code. In determining whether an applicant is qualified for a permit, or the renewal thereof, the taxicab inspector shall take into consideration whether: (1) The application was filed with no material inaccuracies or omissions, provided that if the application as originally filed was substantially complete and in proper form, the taxicab inspector shall allow an applicant a reasonable opportunity to Page 4 correct any minor inaccuracies or omissions if that can be accomplished without delaying the processing of applications; (2) The applicant and its principals are in compliance with the criminal history provisions of section 57-29 (1) (d) of this Code; (3) The applicant is in compliance with all applicable city, State of Texas, and federal laws; and (4) The applicant is in compliance with any other applicable requirement of this Code and other laws. (c) The taxicab inspector shall issue the permit if all applicable requirements of this chapter and Code have been met. If the taxicab inspector approves the permit, issuance shall be subject to compliance with this article, including, but not limited to, payment of any required fees, inspection of vehicles to be utilized, and submission of proof of insurance. A permit does not entitle the permittee to act as the driver of covered vehicles. A separate vehicle for hire driver's permit is required for that purpose as provided in section 57-290 of this Code. (d) Applicants who are determined to be unqualified shall be notified of the grounds asserted for that determination and may make a written demand upon the taxicab inspector for a hearing within ten days of receipt of notice that it is unqualified to receive a permit. The taxicab inspector shall conduct a hearing within 15 business days of receipt of a timely written demand for a hearing. If at such a hearing the applicant establishes through competent evidence that the determination that the applicant was unqualified to receive a permit was based upon incorrect findings, the taxicab inspector shall issue the permit. If at such a hearing the determination was found to have been based upon correct findings, the determination shall become final. Sec. 57-288. - Transportation network company permit—Insurance required. (a) Every permittee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Texas, and city laws, including those articulated in Chapter 1954 of the Texas Insurance Code. Sec. 57-289. - Service charges and fare rates. All permittees shall display their fare rate and provide a fare rate estimator on the website, internet-enabled application, or digital platform used by the permittee to connect drivers and passengers. Sec. 57-290. - Transportation network drivers—vehicle for hire driver's permit required. Page 5 It shall be unlawful for any person to operate a transportation network vehicle without a vehicle for hire driver's permit issued pursuant to division 5 of article II of this chapter. Sec. 57-291. - Transportation network driver hours of operation; duty to transport within the corporate limits. (a) A transportation network driver shall not drive for more than 12 hours in any consecutive 24-hour period and a permittee shall not permit or cause a transportation network driver to drive a transportation network vehicle more than 12 hours in any consecutive 24-hour period. (b) A transportation network driver shall not refuse to transport a person to a requested destination located within the corporate limits of the city. Sec. 57-292. - Transportation network vehicles—Vehicle ownership and standards. (a) No person shall operate or cause to be operated any transportation network vehicle in the city unless and until the vehicle meets all the terms and conditions of this article. (b) No permittee shall own or lease or provide financing for the ownership or leasing of any transportation network vehicle. (c) In addition to all other applicable legal requirements, it shall be unlawful for any person to operate or cause to be operated any transportation network vehicle unless the vehicle: (1) Has at least 2 doors and meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type, and proposed use; and (2) Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility vehicle, pickup truck, hatchback or convertible. (d) No vehicle permitted or subject to a certificate of registration and operated as vehicle for hire pursuant to articles II through V of this chapter shall be operated as a transportation network vehicle. (e) The permittee and the permittee's driver shall be jointly and severally liable if the permittee causes or permits the transportation network driver to use a vehicle that does not meet the requirements for a transportation network vehicle. Sec. 57-293. - Transportation network vehicles—Age and mechanical condition. (a) In addition to the provisions of section 57-294 of this Code, no transportation network driver or permittee shall drive or cause to be driven upon the streets of the city any transportation network vehicle that is more than 7 years old. For purposes Page 6 of this requirement, a transportation network vehicle will be considered to be 7 years old on July 31st of the 7th year following the manufacturer's model year of the vehicle, regardless of the purchase date or the date it was originally placed into service. (b) A transportation network driver or permittee may drive or cause to be driven, a transportation network vehicle for an additional 3 year period beyond the age limitations described in subsection (a), if the transportation network driver or permittee submits the vehicle for inspection each year at a location authorized and identified by the director prior to the expiration of the permit issued authorizing the operation of the transportation network vehicle. Sec. 57-294. - Transportation network vehicles—Inspections. (a) Prior to using any transportation network vehicle, and annually thereafter, a permittee or transportation network driver shall have the vehicle inspected at a facility designated by the taxicab inspector, and maintain complete documentation of such inspections in the vehicle at all times, and a written copy of such documentation shall be provided to the taxicab inspector upon request. The inspection shall be made to determine that the transportation network vehicle is in a reasonably good state of repair, clean, and equipped and being operated in compliance with all requirements of this article. Inspections shall include, but not be limited to, the following items: (1) Foot brakes; (2) Parking brakes; (3) Steering mechanism; (4) Windshield; (5) Rear window and other glass; (6) Windshield wipers; (7) Headlights; (8) Tail lights; (9) Turn indicator lights; (10)Stop lights; (11)Front seat adjustment mechanism; (12)Doors (open, close, lock); (13)Horn; (1 4)Speedometer; (1 5)Bumpers; (16)Muffler and exhaust system; Page 7 (17)Condition of tires, including tread depth; (18)Interior and exterior rear view mirrors; (19)Safety belts for driver and passenger(s); and (20)Heating, ventilation and air-conditioning systems. (b) Upon passing the inspection prescribed in subsection (a) of this section, the taxicab inspector shall issue one certification decal for the transportation network vehicle. The certification decal shall be attached and displayed at the place on the transportation network vehicle designated by the taxicab inspector. The permittee and the transportation network driver shall be jointly and severally liable for any violation of this section. Sec. 57-295. - Transportation network vehicles—Distinctive signage or emblem. (a) In addition to the certification decal issued pursuant to section 57-294(b) of this Code, a transportation network vehicle shall display, as provided by rule, consistent and distinctive signage at all times while being operated as a transportation network vehicle. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular permittee. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Permittees shall file an illustration of their distinctive signage with the taxicab inspector for approval. (b) A transportation network vehicle shall display a consistent and distinctive emblem at all times while being used to provide vehicle for hire transportation services. The taxicab inspector is authorized to specify, by rule, the manner of display, method of issuance, design and contents of such emblem. Sec. 57-296. - Transportation network drivers—Additional operating requirements. (a) In addition to all other applicable requirements provided by law, it shall be unlawful for any person: (1) To operate a transportation network vehicle within the city while not in possession of a valid Driver License; or (2) To operate, or cause to be operated, a transportation network vehicle that does not meet all the applicable requirements of this chapter. (b) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation network driver carrying a passenger or passengers from CCIA shall pay to the city the airport use fee established from time to time by chapter 9 of this Code. Additionally, no Page 8 transportation network driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones. (c) It shall be unlawful for any permittee or transportation network driver to solicit potential passengers for vehicle for hire services at, in or near any passenger depot, hotel, airport, ship or ferry landing, bus stop or station, or upon any sidewalk or street or any other place in the city, or use any words or gestures that could be construed as soliciting a passenger for vehicle for hire transportation services. (d) It shall be unlawful for a transportation network driver to accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements. It shall be unlawful for a transportation network driver to provide his or her direct phone number or email address to passengers or potential passengers to enable requests for service. A TNC shall immediately notify the taxi inspector and provide any evidence in its possession if it obtains actual knowledge of any violation of this subsection. (e) It shall be the duty of each transportation network driver to pull his transportation network vehicle to the curb when loading or unloading passengers. The permittee's internet enabled application or digital platform accessed by potential passengers shall display for the potential passenger: (1) a picture of the transportation network driver and (2) a picture of the transportation network vehicle the driver is approved to use, including the license plate number of the driver's transportation network vehicle. In addition, any permittee shall make any information displayed in the permittee's Internet -enabled application or digital platform also available on such permittee's website. The permittee shall make available on the mobile application and the receipt provided to the passenger, the contact information for the permittee's customer service liaison, including, but not limited to, the liaison's name, phone number, and e-mail address. (f) (g) (h) Any permittee shall clearly disclose, on the permittee's on-line enabled application or digital platform and website, that the permittee is a TNC. Additionally, the disclosure shall state that each permittee is required to maintain insurance policies as specified in section 57-288 of this Code. Any transportation network driver shall provide to any authorized law enforcement officer proof of the insurance policies required by this article in case of an accident involving a transportation network vehicle while operating a transportation network vehicle. (i) (j) Any permittee shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a permittee cannot provide a wheelchair - accessible transportation network vehicle, it shall provide the prospective passenger with for hire transportation services in a manner consistent with section 57-137 of this Code. (k) Any permittee shall have an affirmative duty to respond to requests for service and shall be responsible for the actions of any of its employees, transportation network Page 9 drivers, or other person that reports to, or acts as an agent of, the permittee, for any failure to respond to a request for service. (1) All transportation network drivers operating a transportation network vehicle shall at all times: (1) carry proof of the insurance policies required in section 57-288 of this Code covering the vehicle; (2) carry an electronic or paper copy of the agreement or terms of service between the driver and the TNC; and (3) display the certification decal and distinctive signage or emblem required by this article. A transportation network driver shall log onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers immediately upon entering his or her transportation network vehicle with the intent to provide service. (m) Upon request a transportation network driver shall display to the taxicab inspector, or other person authorized to enforce this chapter, a physical or electronic record of a ride in progress sufficient to establish that it was a prearranged transportation service. To the extent that trip records are contained on an electronic device, a transportation network driver is not required to relinquish custody of the device in order to make the required display but must demonstrate to the taxicab inspector or other person authorized to enforce this chapter that the transportation network driver has in his possession proof of that the ride in progress is the result of a prearranged transportation service. (n) Any terms or conditions in the agreement between the permittee and transportation network driver, or between the permittee and any passenger, that would act as a waiver of the permittee's liability to the passenger or to the public, are declared to be contrary to public policy, null, void and unenforceable. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. SECTION 6. Chapter 57, Section 97 "Application for taxicab or vehicle for hire driver's permit" is revised to read as follows: Sec. 57-97. - Application for taxicab or vehicle for hire driver's permit. Page 10 (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is contracted with. (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3) months. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, - e . _ _ • ' • _ _ - and four (4) current passport photos of applicant. Taxi inspector shall have the authority to determine acceptable photographs. (5) Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony or misdemeanor and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab or vehicle for hire company. The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (7) A medical report dated not more than thirty (30) days prior to date of application, from a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. (8) The number and date of issuance of applicant's Texas Class A, B or C license. (9) The most recent date of completion of a certified defensive driving course, not to exceed two (2) years between completion date and application date. (b) An applicant may receive a temporary taxicab or vehicle for hire driver's permit that will expire thirty (30) calendar days after the date it is granted while pending Page 11 satisfaction of subsections (a)(7) and (a)(9) above. A temporary permit will only be granted to those applicants whose criminal background checks comport with the requirements found at section 57-98 of this Code. SECTION 7. Chapter 57, Section 102 "Driver registration files" is revised to read as follows: Sec. 57-102. - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprint', personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective certificate holder, the driver should be contracted to drive taxicabs or a vehicle for hire in the city. Page 12 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas A Motion to Reconsider was passed on the 29th day of March, 2016. That the foregoing ordinance was read for the second time on a Motion to Reconsider 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 Page 13 PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 14 AGENDA MEMORANDUM for the City Council Meeting of May 10, 2016 DATE: TO: May 3, 2016 Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH(cDcctexas.com (361) 826-3105 Discussion and consideration of an ordinance proposed by citizens through initiative proceedings regarding transportation network companies. CAPTION: Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date. PURPOSE: The City Charter, through initiative proceedings, allows citizens to propose ordinances to the City Council. If the Council fails to adopt the ordinance in substantial form, then the citizens can submit a valid petition signed by five percent of registered voters within a requisite timeframe to place the proposition on the ballot at a regular election. BACKGROUND AND FINDINGS: On April 15, 2016, the City Secretary was presented with a statement of intent to circulate an initiative petition regarding an ordinance to establish transportation network companies (see attachment). Per the Charter, the City Attorney drafts an ordinance in legal form containing the substance of the ordinance, and the City Secretary presents the initiative for the Council's consideration. The City Council has 45 days from the date of presentment (until June 24, 2016) to consider the adoption of the ordinance as presented. If the Council fails to take action within the allotted time, then the City Secretary must provide petition pages to the petitioner for circulation among the City's registered voters. The petitioner will have 90 days to gather signatures of at least five percent of the registered voters to place a proposition on the ballot at the next regular city council elections. Within 20 days, the City Secretary will determine if enough signatures were obtained. If the petition does not contain the required number of signatures, then the petitioner has an additional 10 days to supplement signatures, with such supplemental signatures to be verified within 10 days by the City Secretary. If a valid petition is submitted, the Council would include a proposition to adopt or reject the proposed ordinance on the ballot at the next regular city council elections, which are scheduled for November 8, 2016. Please note that while the Charter allows the petitioners 90 days to gather the signatures, the statutory deadline to call for the November 8, 2016 election is August 22. The petition must be submitted and validated with sufficient time for the Council to hold a properly posted meeting to include the proposition on the ballot. ALTERNATIVES: The City Council is not required to act today. The Council has three options: 1. Vote in support of the ordinance on first reading and second reading. 2. Vote against the ordinance. 3. Postpone action on the item. If the Council decides not to take action today, the mayor or five council members may place the proposed ordinance on a future agenda within the next 45 days for consideration. If the ordinance is rejected or action is not taken by June 24, 2016, the City Secretary will furnish petition pages to the proponents for circulation. CONFORMITY TO CITY POLICY: The ordinance complies with requirements of the City Charter. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Police FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ONot 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 LIST OF SUPPORTING DOCUMENTS: Statement of Intent to Circulate Petition Ordinance Statement of Intent to Circulate Petition Calling for Initiative April 15, 2016 Rebecca Huerta City Secretary City of Corpus Christi I201 Leopard St. Corpus Christi, Texas 78401 Re: Proposed Ordinance establishing Transportation Network Companies Dear Ms. Huerta: RE EIVED APR 15 2016 i CITY SECRETARY'S OFFICE The citizens whose names appear below intend to propose an ordinance to City Council and if the Council fails to adopt such Ordinance in substantially the form presented, then we intend to circulate petitions calling for such Initiative to be placed on the November 2016 ballot. A) The names and addresses of the more than fifty (50) registered voters commencing the initiative proceedings are attached hereto as "Exhibit A" and incorporated herein by reference. B) The full text of the ordinance to be proposed by Initiative is attached hereto as "Exhibit B" and incorporated herein by reference. C) The name and address of the registered voter who is to receive all communications from the city secretary and city attorney: Michael A. McCauley 453 Williamson P1 Corpus Christi, Texas 78411 Please address all correspondence to me at the following address: Michael A. McCauley 615 N. Upper Broadway, Ste 800 Corpus Christi, Texas 78401 (361) 884-1961 mmccauleyr °ohhlaw.net Please call me if you have any questions or comments. Thank you for your consideration. Sincerely, Michael A. McCauley ?5/ Blake Farenthold 5601 Ocean Drive 78412 Barbara Canales 36 Hewitt 78404 Larry Elizondo 7230 Yaupon 78414 John Longoria 704 Louisiana 78404 Bill Kelly 4257 Clear Fork 78410 Cecil Childers 425 Santa Monica 78411 Chris Hamilton 1814 Holly 78417 Raymond Gignac 3260 Ocean Drive 78404 Derwood Anderson 409 Grant 78411 Sam Beecroft, Jr. 144 Ropes78411 Richard Leshin 146 Amistad 78404 Michael McCauley 453 Williamson 78411 Frank Hastings (John Franklin) 4346 Lake Ponchartrain 78413 Darron Bergstrom 458 Miramar 78411 Wayne Lundquist 4466 Ocean Dr 78412 ATTACHMENT A Al Jones 3420 Ocean Drive 78411 David Engel 230 Amistad 78404 Kevin Kieschnick 15233 Pecos River 78410 Joe Adame 1818 Graham 78418 Rex Kinnison 4405 Driftwood 78411 Scott Humpal 4841 S. Oso Parkway 78413 Alan Clower 3535 Santa Fe #11 78411 Chip (Rhodes) Urban 202 Ohio 78404 William McCauley 343 Meldo Park 78411 Claudia Dorsey 3535 Santa Fe #27 78411 Douglas Allison 4920 Ocean Dr 78412 Martin C Davis 4829 Ocean Drive 78412 Harold Shockley 6701 Shilling Way Ln 78414 JJ Hart 14826 Dasmarinas 78418 Warren Andrich 14890 Granada 78418 Wayne Squires 3642 Aransas 78411 Gloria Hicks 5226 Greenbriar 78413 Kelley Allen 4701 Tuscan Way 78410 Javier Colmenero 4213 Carlton 78415 Christina Michelle Unda 7714 Fort Griffen 78414 William W. Stubbs 111, P.C. 150 Atlantic 78404 Solomon Ortiz Jr. 4514 Carlow Dr. 78413 Curtis Rock 7414 Trail Creek 78414 Thomas Dorsey 3535 Santa Fe #27 78411 Steve DeAses 6314 Penny Ln 78414 Joe Hilliard 510 McClendon 78404 Edward Espino 3322 Lynnwood 78415 Don Kingsbury 602 Meadowbrook 78402 William Thompson 8326 Salsa Dr 78414 Jason Cody Bates 1814 Amos Court 78418 Kim Erwin 13957 Dasmarinas 78418 Avinash Ahuja 101 Ocean Way 78411 Jennifer Vasey 3713 S. Lake Drive 78414 Deven Bhakta 40 E Bar Le Doc 78414 Debbie Farenthold 5601 Ocean Drive 78412 Michael William Bergsma 4117 Acushnet 78413 LaLisa Hernandez (Elizabeth) 434 Villa Drive 78408 Sally Gill 302 Catalina Place 78411 Sharon Sedwick 5501 Sarazen 78413 Claire McCauley 517 Pasadena 78411 Dave Johnson 3901 Accrington Ct 78414 Berry Peterson 8126 Etienne Roland T. Higgins 4434 Lake Superior Dr 78413 Mark Adame 5242 Greenbriar 78413 Gloria Perez 5909 Southerland Dr 78414 Bert Quintanilia 309 Peerman 78411 Katherine Urban 202 Ohio 78404 Jennifer Childers 425 Santa Monica 78411 Benjamin Vela 6826 Old Square Dr 78414 Michael Briones 929 Driftwood 78411 Leslie Kane 2805 Bretshire 78414 Royce Cameron (Jesse Royce) 4657 Tuscan Way 78410 Angelica Vela 4449 Aspen Grove 78413 Aislynn Campbell 510 McClendon 78410 Eric Brunkenhoeffer 3046 Charter Lane 78414 Pete Holzer 327 Baycliff, 78412 Rick Gomez 5022 Bonner78411 Lawrence Valls 312 Peerman 78411 Jim Sedwick (Arthur James) 5501 Sarazen Allen Lassiter 4125 Pompano 78411 Evon Kelly 4257 Clear Fork 78410 Daniel 5. Erwin 706 Harrison 78404 Ben Molina 1026 Wilshire 78411 Morgan Farenthold 5601 Ocean Drive 78412 Melody Schexnayder 3209 Lawnview 78404 Isa Barrera 3426 Brawner Parkway 78411 Monica McLeod Sawyer 429 Ashland 78412 Nick Gignac 522 Hancock Ave #332 78404 ATTACHMENT B Transportation network companies. A. Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning: (1) Abnormal Market Disruptions mean any change in the ground transportation market, whether actual or imminently threatened, resulting from Acts of God, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, or other cause of an abnormal disruption of the transportation market resulting in a disaster or state of emergency declaration. (2) Digital Network means any online -enabled application, software, website, or system offered or used by a transportation network company that enables a prearranged ride with a transportation network company driver. (3) Operation of a Transportation Network Vehicle means offering, making available, or using a Transportation Network Vehicle to provide Transportation Network Service, including any time when a driver is logged onto the transportation network company's internet-enabled application or Digital Network showing that the driver is available to pick up riders; when a rider is on a trip in a Transportation Network Vehicle; or when the driver has accepted a request for transportation received through the TNC's Digital Network or software application and is en route to provide Transportation Network Service to a rider. (4) Overcrowding means the driver or operator transports more people in the vehicle than recommended by the vehicle manufacturer or transports more people in the vehicle than the number of seatbelts. (5) Personal Vehicle means a vehicle that is used by a transportation network company driver and is: (a) Owned, leased, or otherwise authorized for use by the TNC Driver; and (b) Not a taxicab, limousine, or similar for -hire vehicle. (6) Prearranged Ride means transportation provided by a transportation network company driver to a transportation network company rider, beginning at the time a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company and ending at the time the last requesting rider departs from the driver's personal vehicle. The term does not include: (a) A shared expense carpool or vanpool arrangement or service; or (b) Transportation provided using a taxicab, limousine, or similar for -hire vehicle. Transportation Network Company or TNC means any person, corporation, partnership, sole proprietorship, or other entity operating in this state using a digital network to connect a transportation network company rider to a transportation network company driver for a prearranged ride. A Transportation Network Company shall not be deemed to control, direct or manage the personal vehicles or transportation network company connecting to its digital network, except where agreed to by written contract. The term does not include an entity arranging nonemergency medical transportation under a contract with the state or a managed care organization for individuals qualifying for Medicaid or Medicare. TNC Driver or TNC Operator means a person who: (a) Receives connections to potential transportation network company riders and related services from a transportation network company in exchange for payment of a fee to the company; and (b) Uses a personal vehicle to offer or provide a prearranged ride to a transportation network company rider on connection with the rider through a digital network controlled by the company in exchange for compensation or payment of a fee. (9) TNC Permit Holder means the holder of a valid permit issued by the City. (10) Transportation Network Company Permit or permit means a valid permit issued by the City to any firm, business, corporation, or other entity related to Transportation Network Service. (11) TNC Rider means an individual who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to the individual in the driver's personal vehicle between points chosen by the individual. (7) (8) (12) Transportation Network Service or service means transportation of a passenger between points chosen by the passenger and prearranged with a TNC Driver through the use of a TNC digital network or software application. TNC Service shall begin when a TNC Driver accepts a request for transportation received through the TNC's Digital Network or software application, continue while the TNC Driver transports the passenger in the TNC Driver's vehicle, and end when the passenger exits the TNC Driver's vehicle. TNC Service is not taxicab or street hail service. (13) Transportation Network Vehicle or vehicle means any passenger motor vehicle used to provide Transportation Network Services and which is not a taxicab. B. Exclusion. Specifically excluded from this definition are owners, operators and vehicles solely operating regulated under Chapter 4, Business Regulations Section 4, Taxicabs, as amended. C. Consequences of Criminal Convictions and Conduct of Drivers. (1) Criminal Convictions. The City Council, in accordance with Chapter 53 of the Texas Occupations Code, has considered the following criteria in regards to criminal convictions of TNC Drivers ar Operators regulated under this ordinance. (a) The nature and seriousness of the crimes. (b) The relationship of the crimes to the purposes for requiring a Permit to engage in a Transportation Network Service. (c) The extent to which a Permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved. (d) The relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a Transportation Network Service; and has determined that the crimes listed in this ordinance are serious crimes that are directly related to the duties and responsibilities of Transportation Network Company drivers or operators whose job is to safely transport passengers for hire. (2) Conduct of Drivers. Drivers at all times shall: (a) Act in a reasonable, prudent and courteous manner. (b) Not inhale, inject or consume any alcoholic beverage, drug, or other substance adversely affecting his ar her ability to operate a motor vehicle. D. Transportation Network Company Permit. (1) TNC Permit—Required. It shall be unlawful for any person, individual, firm, business or corporation or any other entity to drive or operate or cause to be driven or operated any Transportation Network Company Service or vehicle upon or over any street in the City, unless a permit issued by the City has been obtained and as provided in this ordinance; provided however, that a TNC vehicle operated by a driver which is permitted, licensed, or authorized by or in another jurisdiction, may operate in the City for the limited purpose of discharging a passenger whose trip originated outside of the City. (2) TNC Permit—Application. (a) Application Requirements. Application for TNC Permit within the City shall be filed with the City of College Station Police Department on a form provided by the City. The applicant must provide the following information for new and renewal permits: (i) TNC name, TNC owner's name and TNC permit applicant's name, if different. (ii) TNC physical address, mailing and URL addresses, TNC applicant or owner telephone numbers and email addresses. (iii) A sworn statement affirming the TNC has conducted background checks, pursuant to this ordinance. TNC shall not allow a TNC driver to provide TNC Services if found that a TNC driver has been convicted of any federal or state felony as amended or federal or state other offenses as amended involving moral turpitude within the seven (7) years prior to becoming a TNC driver, or other criminal offenses including but not limited to (1) Prostitution or related offenses. (2) Driving while intoxicated or under the influence of any drug. (3) Violations of the Controlled Substance Act. (4) Rape, murder, attempted murder or aggravated assault. (5) Theft over five hundred dollars ($500.00). (6) A felony or other offense involving moral turpitude which may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (7) Or any other criminal offense that may adversely affects the TNC Driver's ability to provide safe and reliable passenger transportation. (iv) Proof of current valid insurance coverage required by Texas law. (v) A general description of the mobile or electronic means and methodology used to charge passengers for TNC services. (b) Sworn Statement. The application shall include a sworn statement by the applicant stating all information provided in the application is true and stating the TNC will conduct a criminal background checks on TNC Drivers or Operators before allowing the TNC Driver or Operator to accept trip requests through the TNC's Digital Network, and perform another criminal background checks a least annually thereafter. (c) TNC Permit Fee. For administration of permitting each application and each application renewal must be submitted with a non-refundable Permit fee based on the number of authorized drivers on the TNC digital network operating in the City at the time of application or renewal as shown below: (i) $300.00 for ten (10) or fewer drivers. (ii) $600.00 for eleven (11) to forty (40) drivers. (iii) $900.00 for forty-one (41) to seventy (70) drivers. (iv) $1,200.00 for seventy-one (71) or more drivers. E. TNC Driver Requirements. (1) Before a TNC permits or allows a person to operate as TNC driver on its digital network, the INC shall: (a) Require the person to submit an application or sign up with relevant information to the TNC including their address, age, social security number, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC. (2) Conduct, or have a reliable third party conduct, a local, state and national criminal background check for each applicant including: (a) Multi-state/Multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation, primary source search. (b) National Sex Offender Registry database. (c) Obtain and review a driving history research report for the applicant. The TNC shall not permit or allow a person to act or operate as a TNC driver on its digital platform who: (a) Has had more than three moving violations in the prior three-year period, or one or more major violation in the three-year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license); (b) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud. sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or class B misdemeanor or higher theft, acts of violence, or acts of terror; (c) Is a match in the National Sex Offender Registry database; (d) Does not possess a valid driver's license; (e) Does not possess proof of registration for the motor vehicle(s) used to provide TNC services; (f) Is not at least 19 years of age; (g) Has been convicted, within the past seven years, of a felony or other offense involving moral turpitude which may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (h) Or has been convicted, within the past seven years, of any other offense that may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (3) (4) Notification. In the event that a TNC becomes aware of a driver being involved in criminal conduct or driving violations or otherwise becomes ineligible to serve as a driver by virtue of no longer meeting the criteria listed above, the TNC shall immediately terminate the driver's ability to access the TNC's digital network. F. Insurance Requirements for TNC and Registered Agent. (1) All TNC Permit Holders, Drivers or Operators must at all times comply and show proof of compliance with Texas Insurance Code Chapter 1954 "Insurance for Transportation Network Company Drivers", as amended and any other Texas minimum insurance requirements as required by the Texas Transportation Code, as amended. (2) TNC Permit Holder must have a registered agent in the State of Texas for service of process. G. Issuance of TNC Permit, Term and Renewal. (1) Issuing Permit. The applicant must submit the Permit fee and application to the Police Department. The Chief of Police shall issue a TNC Permit stating the TNC's name, address, term and permit number if the Chief of Police finds the permit application requirements are reasonably satisfied. If the Chief of Police determines any of the application requirements are not met then the application must be denied. The TNC applicant may reapply to the Police Department and submit an additional fee with new information for consideration. (2) Term. The Permit will be issued for the period beginning the date of the issuance and will expire one (1) calendar year after issue of the Permit. The Permit must state the year for which it is valid. Renewal. At least thirty (30) days before permit expiration a permitted TNC not in violation of this ordinance may renew its Permit by providing a written request on a form provided by the City for renewal and attaching and submitting the following to the Police Department: (a) Permit Fees. (b) Proof of insurance required by the Texas Insurance Code. (c) TNC Application provided by the City. H. Transportation Network Vehicle inspections. A Transportation Network Vehicle must have a valid State of Texas registration sticker. I. Display of Rates and Fares. (1) Posted Amounts On Digital Network. The TNC must post rates and other charges or fees on its internet enabled application or digital network in a manner readily accessible to passengers before the service is provided. The TNC may not allow Drivers to charge or collect a rate higher than the one (1) specified on the internet enabled application or digital network. (2) Dynamic Pricing. If a TNC uses dynamic pricing to maximize the supply of available TNC drivers an the network to match the demand for rides and increase reliability, the software application must: (a) Provide clear and visible indication that dynamic pricing is in effect before a ride is requested. (b) Include a feature requiring riders to confirm understanding that dynamic pricing will be applied for their ride. (c) Provide a fare estimator enabling the rider to estimate dynamic pricing cost before requesting the ride. (d) Dynamic pricing is prohibited during abnormal market disruptions. J. TNC Operating Requirements. (1) Identifying Information. The TNC internet enabled application or digital network accessed by potential passengers shall display after a ride is accepted: (a) An accurate picture of the Transportation Network Driver including readable text stating the driver's first name. (b) A picture or description of the Transportation Network Vehicle including the make and model of the vehicle, and the vehicle license plate number. (2) Receipt and Contact Information. Passengers must be able to request receipts via email or other electronic format. The TNC shall make available on their internet-enabled application or digital network and website a receipt providing: (a) The origin and destination of the trip. (b) The total time and distance of the trip. (3) (9) (c) An itemization of the total fare paid. (d) Access to contact information for the TNC's customer service team or liaison. Request for Service. All requests for service must be placed and accepted only through the internet-enabled application or digital network or website. The TNC may not permit TNC drivers to accept street hails for passenger transportation. Route. Drivers must take the most direct, expeditious and safe route, unless specifically requested by the passenger. Loading or Unloading. It shall be the duty of each driver to pull the Transportation Network Vehicle lawfully to the curb when loading or unloading passengers. No Cash Payments. Any payment for TNC services must made using the TNC's digital network or software application. No cash may be exchanged for TNC services. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify INC drivers of such policy. TNC drivers will not solicit or accept cash payments from passengers as payment for TNC services. Overcrowding. A TNC driver or operator shall not allow Overcrowding of the TNC vehicle while transporting passengers or riders. Non-discrimination and Accessibility. (a) A TNC and TNC Drivers shall comply with all applicable laws concerning non-discrimination and accessibility. (b) TNC drivers shall comply with all applicable laws relating to accommodation of service animals. (c) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. (d) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a TNC cannot arrange wheelchair -accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair -accessible service, if available. Background Check Audits and Driver Information. (a) Records and Books. Each TNC shall maintain: 1. Individual trip records of passenger customers for at least one (1) year from the date each trip was provided; and 2. Individual records of TNC drivers at least until the one (1) year anniversary of the date on which a TNC driver's relationship with the TNC has ended. (b) Audit. The TNC shall permit the City to conduct an audit and examine a reasonable sample of books and records relating to TNC's performance of its obligations under this Agreement at a mutually agreed upon third -party location. The City shall provide notice of the books and records requested for inspection in writing at least seven (7) days before the scheduled examination. (c) Emergency Situations. Any law enforcement officer investigating a criminal case may request TNC driver or operator information from the TNC in emergency situations where a person is in danger of bodily injury, serious bodily injury or death. The TNC must respond immediately. This information must include all information relevant to the investigation. The law enforcement agency will follow up with a warrant or subpoena when practical. (d) Other Criminal Cases. In other criminal cases not involving emergency situations law enforcement will provide the correct means to gather the information and the TNC must respond either verbally or in writing within twenty-four (24) hours. (10) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation network driver carrying a passenger or passengers from CCIA shall pay quarterly the airport use fee established by Chapter 9 of this Code. Additionally, no transportation network driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones. K. Suspension or Revocation of TNC Permit of Registration and Appeal. (1) Suspension by Chief of Police. The Chief of Police may suspend or revoke any Permit issued under this ordinance. (2) Notice. Suspension or revocation is effective upon delivery of written notice to the permit holder or by email, fax, hand delivery, regular mail or certified mail. Criteria for Revocation or Suspension. A Permit may be revoked or suspended by the by the Chief of Police upon verification of any of the following: (3) (a) A driver or operator has been convicted of a felony or other offense involving moral turpitude or any offense which may adversely affect the driver or operator's ability to provide safe and reliable passenger transportation to the public. (b) The Permit was obtained based on information in an application in which any material fact was intentionally omitted or falsely stated. (c) The Permit Holder has violated or failed to comply with any of the provisions in this ordinance, any other City ordinance or federal or state law. (d) The Permit Holder has allowed required insurance to be canceled, withdrawn, terminated or to fall below the minimum limits of liability prescribed in this ordinance. (e) The Permit Holder is delinquent on any taxes owed to the City or fails to show financial ability to maintain services in compliance with this ordinance. (f) The Permit Holder has altered, or caused to be altered, the Permit. (g) Discontinuing operations more than ten (10) days. (4) Appeal. The Permit Haider shall have the right to appeal to the City Manager any revocation or suspension action from the Police Chief by delivering the written appeal to the City Secretary within ten (10) days after notice suspension or revocation is received. In the event the Permit Holder fails to deliver the appeal to the City Secretary within the time prescribed, the revocation or suspension by the Police Chief City is final. If the Permit holder timely delivers the notice to the City Secretary, then the City Manager or his designee, shall hear the appeal within twenty (20) days after the filing of the appeal with the City Secretary. City Manager or his designee's decision is final. L. Offenses. (1) It shall be unlawful for any person, Permit Holder, driver or operator to solicit potential passengers for Transportation Network Services at, in or near any passenger depot, hotel, airport, bus stop or station, or upon any sidewalk or street or any other place in the City, or use any words or gestures that could be construed as soliciting a passenger for Transportation Network Services. (2) It shall be unlawful for any person to accept or respond to a passenger or potential passenger request for service by traditional street hail, including hand gestures and verbal statements. (3) It shall be unlawful for any person, driver or operator to provide their direct or personal phone number or email address to passengers or potential passengers to enable requests for Transportation Network Services. (4) It shall be unlawful for any person, driver or operator or Permit Holder to violate any part of this ordinance. Ordinance amending Chapter 57 of the Corpus Christi Code of Ordinances to establish Article VI. - Transportation Network Companies; and providing for severance, publication, penalty, and an effective date Whereas, Article I, Section 4 of the City Charter provides that any fifty registered voters may commence initiative proceedings to propose ordinances to City Council; Whereas, on April 15, 2016, the City Secretary was presented with a petition with at least 50 registered voters entitled "Statement of Intent to Circulate Petition Calling for Initiative"; Whereas, Article I, Section 4 of the City Charter provides that in the case of an initiative, the City Attorney shall draft an ordinance in legal form, consistent with the laws of the State and the United States, incorporating in substance the text submitted; and Whereas, Article I, Section 4 of the City Charter provides that city secretary shall present the initiative to the city council at its next regular meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows: ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES Sec. 57-281. - Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning: (1) Abnormal Market Disruptions mean any change in the ground transportation market, whether actual or imminently threatened, resulting from Acts of God, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, or other cause of an abnormal disruption of the transportation market resulting in a disaster or state of emergency declaration. (2) Digital Network means any online -enabled application, software, website, or system offered or used by a transportation network company that enables a prearranged ride with a transportation network company driver. (3) Operation of a Transportation Network Vehicle means offering, making available, or using a Transportation Network Vehicle to provide Transportation Network Service, including any time when a driver is logged onto the transportation network company's internet-enabled application or Digital Network showing that the driver is available to pick up riders; when a rider is on a trip in a Transportation Network Vehicle; or when the driver has accepted a request for transportation received through the TNC's Digital Network or software application and is en route to provide Transportation Network Service to a rider. 1 (4) Overcrowding means the driver or operator transports more people in the vehicle than recommended by the vehicle manufacturer or transports more people in the vehicle than the number of seatbelts. (5) Personal Vehicle means a vehicle that is used by a transportation network company driver and is: (a) Owned, leased, or otherwise authorized for use by the TNC Driver; and (b) Not a taxicab, limousine, or similar for -hire vehicle. (6) Prearranged Ride means transportation provided by a transportation network company driver to a transportation network company rider, beginning at the time a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company and ending at the time the last requesting rider departs from the driver's personal vehicle. The term does not include: (a) A shared expense carpool or vanpool arrangement or service; or (b) Transportation provided using a taxicab, limousine, or similar for -hire vehicle. (7) Transportation Network Company or TNC means any person, corporation, partnership, sole proprietorship, or other entity operating in this state using a digital network to connect a transportation network company rider to a transportation network company driver for a prearranged ride. A Transportation Network Company shall not be deemed to control, direct or manage the personal vehicles or transportation network company connecting to its digital network, except where agreed to by written contract. The term does not include an entity arranging nonemergency medical transportation under a contract with the state or a managed care organization for individuals qualifying for Medicaid or Medicare. (8) TNC Driver or TNC Operator means a person who: (9) (a) Receives connections to potential transportation network company riders and related services from a transportation network company in exchange for payment of a fee to the company; and (b) Uses a personal vehicle to offer or provide a prearranged ride to a transportation network company rider on connection with the rider through a digital network controlled by the company in exchange for compensation or payment of a fee. TNC Permit Holder means the holder of a valid permit issued by the City. (10) Transportation Network Company Permit or permit means a valid permit issued by the City to any firm, business, corporation, or other entity related to Transportation Network Service. 2 (11) TNC Rider means an individual who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to the individual in the driver's personal vehicle between points chosen by the individual. (12) Transportation Network Service or service means transportation of a passenger between points chosen by the passenger and prearranged with a TNC Driver through the use of a TNC digital network or software application. TNC Service shall begin when a TNC Driver accepts a request for transportation received through the TNC's Digital Network or software application, continue while the TNC Driver transports the passenger in the TNC Driver's vehicle, and end when the passenger exits the TNC Driver's vehicle. TNC Service is not taxicab or street hail service. (13) Transportation Network Vehicle or vehicle means any passenger motor vehicle used to provide Transportation Network Services and which is not a taxicab. Sec. 57-282. - Exclusion. Specifically excluded from this definition are owners, operators and vehicles solely operating regulated under Chapter 57, Article II, Taxicabs, as amended. Sec. 57-283. - Consequences of Criminal Convictions and Conduct of Drivers. (1) Criminal Convictions. The City Council, in accordance with Chapter 53 of the Texas Occupations Code, has considered the following criteria in regards to criminal convictions of TNC Drivers or Operators regulated under this ordinance. (a) The nature and seriousness of the crimes. (b) The relationship of the crimes to the purposes for requiring a Permit to engage in a Transportation Network Service. (c) The extent to which a Permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved. (d) The relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a Transportation Network Service; and has determined that the crimes listed in this ordinance are serious crimes that are directly related to the duties and responsibilities of Transportation Network Company drivers or operators whose job is to safely transport passengers for hire. (2) Conduct of Drivers. Drivers at all times shall: (a) Act in a reasonable, prudent and courteous manner. 3 (b) Not inhale, inject or consume any alcoholic beverage, drug, or other substance adversely affecting his or her ability to operate a motor vehicle. Sec. 57-284. - Transportation Network Company Permit. (1) TNC Permit—Required. It shall be unlawful for any person, individual, firm, business or corporation or any other entity to drive or operate or cause to be driven or operated any Transportation Network Company Service or vehicle upon or over any street in the City, unless a permit issued by the City has been obtained and as provided in this ordinance; provided however, that a TNC vehicle operated by a driver which is permitted, licensed, or authorized by or in another jurisdiction, may operate in the City for the limited purpose of discharging a passenger whose trip originated outside of the City. (2) TNC Permit—Application. (a) Application Requirements. Application for TNC Permit within the City shall be filed with the taxicab inspector on a form provided by the City. The applicant must provide the following information for new and renewal permits: (i) TNC name, TNC owner's name and TNC permit applicant's name, if different. (ii) TNC physical address, mailing and URL addresses, TNC applicant or owner telephone numbers and email addresses. (iii) A sworn statement affirming the TNC has conducted background checks, pursuant to this ordinance. TNC shall not allow a TNC driver to provide TNC Services if found that a TNC driver has been convicted of any federal or state felony as amended or federal or state other offenses as amended involving moral turpitude within the seven (7) years prior to becoming a TNC driver, or other criminal offenses including but not limited to (1) Prostitution or related offenses. (2) Driving while intoxicated or under the influence of any drug. (3) Violations of the Controlled Substance Act. (4) Rape, murder, attempted murder or aggravated assault. (5) Theft over five hundred dollars ($500.00). (6) A felony or other offense involving moral turpitude which may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. 4 (7) Or any other criminal offense that may adversely affects the TNC Driver's ability to provide safe and reliable passenger transportation. (iv) Proof of current valid insurance coverage required by Texas law. (v) A general description of the mobile or electronic means and methodology used to charge passengers for TNC services. (b) Sworn Statement. The application shall include a sworn statement by the applicant stating all information provided in the application is true and stating the TNC will conduct a criminal background checks on TNC Drivers or Operators before allowing the TNC Driver or Operator to accept trip requests through the TNC's Digital Network, and perform another criminal background checks a least annually thereafter. (c) TNC Permit Fee. For administration of permitting each application and each application renewal must be submitted with a non-refundable Permit fee based on the number of authorized drivers on the TNC digital network operating in the City at the time of application or renewal as shown below: (i) $300.00 for ten (10) or fewer drivers. (ii) $600.00 for eleven (11) to forty (40) drivers. (iii) $900.00 for forty-one (41) to seventy (70) drivers. (iv) $1,200.00 for seventy-one (71) or more drivers. Sec. 57-285. - TNC Driver Requirements. (1) Before a TNC permits or allows a person to operate as TNC driver on its digital network, the TNC shall: (a) Require the person to submit an application or sign up with relevant information to the TNC including their address, age, social security number, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC. (2) Conduct, or have a reliable third party conduct, a local, state and national criminal background check for each applicant including: (a) Multi-state/Multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation, primary source search. (b) National Sex Offender Registry database. (c) Obtain and review a driving history research report for the applicant. 5 (3) The TNC shall not permit or allow a person to act or operate as a TNC driver on its digital platform who: (a) Has had more than three moving violations in the prior three-year period, or one or more major violation in the three-year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license); (b) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or class B misdemeanor or higher theft, acts of violence, or acts of terror; (c) Is a match in the National Sex Offender Registry database; (d) Does not possess a valid driver's license; (e) Does not possess proof of registration for the motor vehicle(s) used to provide TNC services; (f) Is not at least 19 years of age; (g) Has been convicted, within the past seven years, of a felony or other offense involving moral turpitude which may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (h) Or has been convicted, within the past seven years, of any other offense that may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (4) Notification. In the event that a TNC becomes aware of a driver being involved in criminal conduct or driving violations or otherwise becomes ineligible to serve as a driver by virtue of no longer meeting the criteria listed above, the TNC shall immediately terminate the driver's ability to access the TNC's digital network. Sec. 57-286. - Insurance Requirements for TNC and Registered Agent. (1) All TNC Permit Holders, Drivers or Operators must at all times comply and show proof of compliance with Texas Insurance Code Chapter 1954 "Insurance for Transportation Network Company Drivers", as amended and any other Texas minimum insurance requirements as required by the Texas Transportation Code, as amended. (2) TNC Permit Holder must have a registered agent in the State of Texas for service of process. Sec. 57-287. - Issuance of TNC Permit, Term and Renewal. (1) Issuing Permit. The applicant must submit the Permit fee and application to the Police Department. The Chief of Police shall issue a TNC Permit stating the TNC's name, address, term and permit number if the Chief of Police finds the permit application requirements are reasonably satisfied. If the Chief of Police determines any of the application requirements are not met then the application must be denied. The TNC applicant may reapply to the Police Department and submit an additional fee with new information for consideration. (2) Term. The Permit will be issued for the period beginning the date of the issuance and will expire one (1) calendar year after issue of the Permit. The Permit must state the year for which it is valid. (3) Renewal. At least thirty (30) days before permit expiration a permitted TNC not in violation of this ordinance may renew its Permit by providing a written request on a form provided by the City for renewal and attaching and submitting the following to the Police Department: (a) Permit Fees. (b) Proof of insurance required by the Texas Insurance Code. (c) TNC Application provided by the City. Sec. 57-288. - Transportation Network Vehicle Inspections. A Transportation Network Vehicle must have a valid State of Texas registration sticker. Sec. 57-289. - Display of Rates and Fares. (1) Posted Amounts On Digital Network. The TNC must post rates and other charges or fees on its internet enabled application or digital network in a manner readily accessible to passengers before the service is provided. The TNC may not allow Drivers to charge or collect a rate higher than the one (1) specified on the internet enabled application or digital network. (2) Dynamic Pricing. If a TNC uses dynamic pricing to maximize the supply of available TNC drivers on the network to match the demand for rides and increase reliability, the software application must: (a) Provide clear and visible indication that dynamic pricing is in effect before a ride is requested. (b) Include a feature requiring riders to confirm understanding that dynamic pricing will be applied for their ride. 7 (c) Provide a fare estimator enabling the rider to estimate dynamic pricing cost before requesting the ride. (d) Dynamic pricing is prohibited during abnormal market disruptions. Sec. 57-290 - TNC Operating Requirements. (1) Identifying Information. The TNC internet enabled application or digital network accessed by potential passengers shall display after a ride is accepted: (a) An accurate picture of the Transportation Network Driver including readable text stating the driver's first name. (b) A picture or description of the Transportation Network Vehicle including the make and model of the vehicle, and the vehicle license plate number. (2) Receipt and Contact Information. Passengers must be able to request receipts via email or other electronic format. The TNC shall make available on their internet-enabled application or digital network and website a receipt providing: (a) The origin and destination of the trip. (b) The total time and distance of the trip. (c) An itemization of the total fare paid. (d) Access to contact information for the TNC's customer service team or liaison. (3) Request for Service. All requests for service must be placed and accepted only through the internet-enabled application or digital network or website. The TNC may not permit TNC drivers to accept street hails for passenger transportation. (4) Route. Drivers must take the most direct, expeditious and safe route, unless specifically requested by the passenger. (5) Loading or Unloading. It shall be the duty of each driver to pull the Transportation Network Vehicle lawfully to the curb when loading or unloading passengers. (6) No Cash Payments. Any payment for TNC services must made using the TNC's digital network or software application. No cash may be exchanged for TNC services. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of such policy. TNC drivers will not solicit or accept cash payments from passengers as payment for TNC services. (7) Overcrowding. A TNC driver or operator shall not allow Overcrowding of the TNC vehicle while transporting passengers or riders. (8) Non-discrimination and Accessibility. 8 (9) (a) A TNC and TNC Drivers shall comply with all applicable laws concerning non-discrimination and accessibility. (b) TNC drivers shall comply with all applicable laws relating to accommodation of service animals. (c) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. (d) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a TNC cannot arrange wheelchair - accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair -accessible service, if available. Background Check Audits and Driver Information. (a) Records and Books. Each TNC shall maintain: 1. Individual trip records of passenger customers for at least one (1) year from the date each trip was provided; and 2. Individual records of TNC drivers at least until the one (1) year anniversary of the date on which a TNC driver's relationship with the TNC has ended. (b) Audit. The TNC shall permit the City to conduct an audit and examine a reasonable sample of books and records relating to TNC's performance of its obligations under this Agreement at a mutually agreed upon third -party location. The City shall provide notice of the books and records requested for inspection in writing at least seven (7) days before the scheduled examination. (c) Emergency Situations. Any law enforcement officer investigating a criminal case may request TNC driver or operator information from the TNC in emergency situations where a person is in danger of bodily injury, serious bodily injury or death. The TNC must respond immediately. This information must include all information relevant to the investigation. The law enforcement agency will follow up with a warrant or subpoena when practical. (d) Other Criminal Cases. In other criminal cases not involving emergency situations law enforcement will provide the correct means to gather the information and the TNC must respond either verbally or in writing within twenty-four (24) hours. (10) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation network driver carrying a passenger or passengers from CCIA shall pay quarterly the airport use fee established by Chapter 9 of this Code. Additionally, no transportation network 9 driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones. Sec. 57-291 - Suspension or Revocation of TNC Permit of Registration and Appeal. (1) Suspension by Chief of Police. The Chief of Police may suspend or revoke any Permit issued under this ordinance. (2) Notice. Suspension or revocation is effective upon delivery of written notice to the permit holder or by email, fax, hand delivery, regular mail or certified mail. (3) Criteria for Revocation or Suspension. A Permit may be revoked or suspended by the by the Chief of Police upon verification of any of the following: (a) A driver or operator has been convicted of a felony or other offense involving moral turpitude or any offense which may adversely affect the driver or operator's ability to provide safe and reliable passenger transportation to the public. (b) The Permit was obtained based on information in an application in which any material fact was intentionally omitted or falsely stated. (c) The Permit Holder has violated or failed to comply with any of the provisions in this ordinance, any other City ordinance or federal or state law. (d) The Permit Holder has allowed required insurance to be canceled, withdrawn, terminated or to fall below the minimum limits of liability prescribed in this ordinance. (e) The Permit Holder is delinquent on any taxes owed to the City or fails to show financial ability to maintain services in compliance with this ordinance. (f) (g) The Permit Holder has altered, or caused to be altered, the Permit. Discontinuing operations more than ten (10) days. (4) Appeal. The Permit Holder shall have the right to appeal to the City Manager any revocation or suspension action from the Police Chief by delivering the written appeal to the City Secretary within ten (10) days after notice suspension or revocation is received. In the event the Permit Holder fails to deliver the appeal to the City Secretary within the time prescribed, the revocation or suspension by the Police Chief City is final. If the Permit holder timely delivers the notice to the City Secretary, then the City Manager or his designee, shall hear the appeal within twenty (20) days after the filing of the appeal with the City Secretary. City Manager or his designee's decision is final. Sec. 57-292 - Offenses. 10 (1) It shall be unlawful for any person, Permit Holder, driver or operator to solicit potential passengers for Transportation Network Services at, in or near any passenger depot, hotel, airport, bus stop or station, or upon any sidewalk or street or any other place in the City, or use any words or gestures that could be construed as soliciting a passenger for Transportation Network Services. (2) It shall be unlawful for any person to accept or respond to a passenger or potential passenger request for service by traditional street hail, including hand gestures and verbal statements. (3) It shall be unlawful for any person, driver or operator to provide their direct or personal phone number or email address to passengers or potential passengers to enable requests for Transportation Network Services. (4) It shall be unlawful for any person, driver or operator or Permit Holder to violate any part of this ordinance. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication 11 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 12 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 19, 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 and First Reading for Property at 7442 Wooldridge Road CAPTION: Case No. 0316-02 Alex Azali: A change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District. The property is described as being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the development of a 360 - unit multifamily project. *RECOMMENDATIONS: Planning Commission and Staff Recommendations: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM- 1/SP" Multifamily 1 District with a Special Permit, subject to the following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. *Balconies: No balcony shall face adjacent single-family development. [Regarding Condition #4, Staff originally proposed the following: "No balcony on the most northern buildings shall face adjacent single-family development." The Planning Commission modified the Staff Recommendation and recommended that Condition #4 not allow balconies on any building facing adjacent single-family development.] 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. Vote Results For: 6 Against: 1 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - 1" Multifamily 1 District to the "RM -2" Multifamily 2 District in order to develop a multifamily project with approximately 360 units. The density proposed is 26 units per acre, which is more than the "RM -1" Multifamily 1 District allows but less than the "RM - 2" Multifamily 2 District allows. The proposed rezoning to the "RM -2" Multifamily 2 District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential nor is it consistent with the Southside ADP. It is staff's opinion that the proposed rezoning, without appropriate design considerations, may negatively impact the surrounding residential properties, therefore, an increase in density is best considered via a Special Permit. The use is consistent with the Comprehensive Plan (albeit a modest increase in density), and taking into account the proposed Special Permit conditions, the use is compatible with surrounding uses. The property being rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and does not substantially adversely affect adjacent uses. The applicant is agreeable with the Staff Recommendation. The applicant takes issue with the Planning Commission's change to Condition #4; therefore, he is opposed to the Planning Commission's Recommendation. The applicant requests that balconies on the northern most buildings rather than on all buildings be prohibited from facing single-family development. ALTERNATIVES: 1. Approve Staff's Recommendation ("RM-1/SP") 2. Approve Planning Commission's Recommendation ("RM-1/SP" with the modified Condition #4) 3. Approve the original request to "RM -2" Multifamily 2 District (requires 3/4 vote). 4. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ga 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 — Planning Commission's Recommendation Ordinance — Staff Recommendation Ordinance — RM -2 (Original Request) Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alex Azali on behalf of Dorsal Development, 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, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit with a modification to the Special Permit conditions to prohibit balconies on any building from facing adjacent single-family development, and on Tuesday, May 10, 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 Alex Azali on behalf of Dorsal Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive (the "Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Zoning Map No. 040032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, 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 following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony shall face adjacent single-family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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_Special Permit -PC Recommendation Page 3 of 3 MURRAY BASS, JR_, NIXON M. WELSH, P.E,R.P.LS www.bass-weIsh,com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS COUNTY OF NUECES .3054 S. AI.AMEDA, ZIP 76404 361 882-5521— FAX 361 882-1265 e-mail: murravir( ol.com e -mall: pixmwfaaal.com December 14, 2015 Description of an 13.814 acre tract of land, more or less, a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost comer of Morningstar Estates Unit 3, a map of which is recorded in Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost corner of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22'51"E 375.10' to a point for the northernmost cast corner of the tract herein described and southernmost corner of Lot 26, Block 5, said Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 S28°46'49"W 324.95' to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2, a map of which is recorded in Volume 66, Pages 75 and 76, said map records, S61°22'51"E 400.00' to a point for the northwest corner of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 528°37'09"W 618.57' to a paint for the southernmost comer of the tract herein described and northeasterly right-of-way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road, being along a line 36.75' northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24"W 776.84' to a point for the westernmost corner of the tract herein described in the southeast boundary line of The Forum Mall, Block 1, Lot 2R, a map of which is recorded in Volume 53, Page 115, said map records; THENCE N28"46'49"E 943.19' along said southeast boundary line of The Forum Mall, BIock 1, Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said reap records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit `B". Nixon M. Welsh, R.P.LS. EXHIBIT "A" Page 1 of 1 1• Op 104,R 0 co MOR 4flA- pr'�R ti 33Q G+zr ^ 3 PROPOSED TRACT, 13.814 AC( , , a q; FB & EF i GT, ,,� SECT/ 7 to ��^b' to . a 4] tu`ti~^h / ib / q 8q. / ^wi 54J ti ti Pee iv re (r7a tea. =tib Pr J• k" � O „. Too 0•- f ti ti O s 0 100' 200' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1".-200' SCALD 1'= 200' 400' BASS AND WELSH ENGINEERING CORPUS CHRISl1, IX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. N0. F-52, FILE: ECB -ZONING. JOB NO. 15054, SCALE: 1' - 200' PLOT SCALE: SAME. PLOT DATE: 12/14/15, SHEET 1 OF 1 Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alex Azali on behalf of Dorsal Development, 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, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit with a modification to the Special Permit conditions to prohibit balconies on any building from facing adjacent single-family development, and on Tuesday, May 10, 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 Alex Azali on behalf of Dorsal Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive (the "Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit in accordance with the Staff Recommendation (Zoning Map No. 040032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, 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 following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony on the most northern buildings shall face adjacent single- family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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_Special Permit -Staff Recommendation Page 3 of 3 MURRAY BASS, JR_, NIXON M. WELSH, P.E,R.P.LS www.bass-weIsh,com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS COUNTY OF NUECES .3054 S. AI.AMEDA, ZIP 76404 361 882-5521— FAX 361 882-1265 e-mail: murravir( ol.com e -mall: pixmwfaaal.com December 14, 2015 Description of an 13.814 acre tract of land, more or less, a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost comer of Morningstar Estates Unit 3, a map of which is recorded in Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost corner of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22'51"E 375.10' to a point for the northernmost cast corner of the tract herein described and southernmost corner of Lot 26, Block 5, said Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 S28°46'49"W 324.95' to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2, a map of which is recorded in Volume 66, Pages 75 and 76, said map records, S61°22'51"E 400.00' to a point for the northwest corner of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 528°37'09"W 618.57' to a paint for the southernmost comer of the tract herein described and northeasterly right-of-way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road, being along a line 36.75' northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24"W 776.84' to a point for the westernmost corner of the tract herein described in the southeast boundary line of The Forum Mall, Block 1, Lot 2R, a map of which is recorded in Volume 53, Page 115, said map records; THENCE N28"46'49"E 943.19' along said southeast boundary line of The Forum Mall, BIock 1, Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said reap records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit `B". Nixon M. Welsh, R.P.LS. EXHIBIT "A" Page 1 of 1 1• Op 104,R 0 co MOR 4flA- pr'�R ti 33Q G+zr ^ 3 PROPOSED TRACT, 13.814 AC( , , a q; FB & EF i GT, ,,� SECT/ 7 to ��^b' to . a 4] tu`ti~^h / ib / q 8q. / ^wi 54J ti ti Pee iv re (r7a tea. =tib Pr J• k" � O „. Too 0•- f ti ti O s 0 100' 200' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1".-200' SCALD 1'= 200' 400' BASS AND WELSH ENGINEERING CORPUS CHRISl1, IX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. N0. F-52, FILE: ECB -ZONING. JOB NO. 15054, SCALE: 1' - 200' PLOT SCALE: SAME. PLOT DATE: 12/14/15, SHEET 1 OF 1 Aerial Overview Aerial ��1! � . •,1111. .r ,. ,. 1111 11111 „.;'`.� r. t_., 'H --'F 1111 1111 1111 1111 IIII IIII IIII IIII 1111 IIII IIII IIII 1111 1111 III 1111 IIIHI '1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 • 1 no -..PC 5. ;MN 75 6 INN 1 62 r acc I.2 rn. a7• x 7l. I IT -�•M rYPC :. 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N.CC= CONVM1, -% it,. nr.N PLANNING COMMISSION FINAL REPORT Case No. 0316-02 HTE No. 16-10000003 Planning Commission Hearing Date: April 6, 2016 Applicant & Legal Description Applicant/Owner: Alex Azali/Dorsal Development, LLC Legal Description/Location: Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "RM -2" Multifamily 2 District Area: 13.814 acres Purpose of Request: To allow for the development of a 360 -unit multifamily project. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM -1" Multifamily 1 Vacant Medium Density Residential North "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential South "RS -6" Single -Family 6 Low Density Residential Low Density Residential East "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential West "RS -4.5" Single -Family 4.5 and "RM -3" Multi- family 3 Vacant Low and Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses of up to 22 units per acre. The proposed rezoning to the "RM -2" Multi -family 2 District which allows 30 units per acre is not consistent with the adopted Future Land Use Map because of the proposed increase in density. Map No.: 040032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 775 feet of street frontage along Wooldridge Road, which is designated as a proposed A2 Secondary Arterial Divided street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Wooldridge Road "A2" Secondary Arterial Divided 100' ROW 54' paved 66' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District which would allow an increase in density from 22 units per acre to 30 units per acre. Development Plan: The applicant requests a rezoning to develop a multifamily project with approximately 360 units. The proposed density is 26.51 units per acre. A site development plan was submitted for review and is attached hereto. Existing Land Uses & Zoning: The subject property is zoned "RM -1" Multifamily 1 and is vacant. North and east of the subject property is zoned "RS -4.5" Single -Family 4.5 and consists of low density residential neighborhoods. To the south is zoned "RS -6" Single -Family 6 and also consists of a low density neighborhood. To the west of the subject property is a developing low-density residential neighborhood in the "RS -4.5" Single -Family 4.5 district and, an assisted living facility in a "RM -3" Multifamily 3 district. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not 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 "RM -2" Multifamily 2 District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential nor is it consistent with the Southside ADP. Additionally, the following policy statements are applicable to this application and warrant consideration. - Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. - Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. Planning Commission Final Report Page 3 - Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts within developed areas. - Comprehensive Plan Land Use Policy Statement F: The density of development in an area should be directly related to the design capacity of the infrastructure. - Comprehensive Plan Residential Policy Statement A: Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. - Comprehensive Plan Residential Policy Statement E: High density residential development (more than 21 units per acre should be located with direct access to arterials. - Southside Area Development Plan Policy Statement B.1: Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low-density residential activities from incompatible activities. Department Comments: • The proposed rezoning to "RM -2" Multifamily 2 District is not consistent with the Comprehensive Plan Future Land Use Map which designates the property as medium density residential. • The "RM -1" Multifamily 1 District permits a density of 22 units per acre while the "RM -2" Multifamily 2 District permits a density of 30 units per acre. • The density proposed is 26 units per acre which is more than the "RM -1" Multifamily 1 District allows, but less than the "RM -2" Multifamily 2 District allows. • The existing zoning designation of "RM -1" was approved in the late 70's or early 80's and might be evaluated differently today given development patterns in the area. • The site plan submitted for review has been analyzed to determine the potential impact of the increase in density, especially with regards to building height and setbacks from existing single-family uses. • It is staff's opinion that the proposed rezoning, without appropriate design considerations, may negatively impact the surrounding residential properties, therefore, an increase in density is best considered via a Special Permit. Zone Map Amendment and Special Permit Review Criteria: The Zone Map Amendment Review Criteria set forth in UDC Section 3.3.5 and the Special Permit Review Criteria set forth in UDC Section 3.6.3 B have been reviewed and Staff finds the rezoning to be largely in accordance with said criteria. Applicable criteria includes the following: Planning Commission Final Report Page 4 • The use is consistent with the Comprehensive Plan (albeit a modest increase in density) • Taking into account the proposed Special Permit conditions, the use is compatible with surrounding uses. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The use does not substantially adversely affect adjacent uses. • The use does conform in all other respect to regulations and standards in the UDC. • The development provides ample off-street parking. Planning Commission and Staff Recommendations: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "RM -2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM- 1/SP" Multifamily 1 District with a Special Permit, subject to the following conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. *Balconies: No balcony shall face adjacent single-family development. (Regarding Condition #4, Staff originally proposed the following: "No balcony on the most northern buildings shall face adjacent single-family development." The Planning Commission modified the Staff Recommendation and recommended that Condition #4 not allow balconies on any building facing adjacent single-family development.] 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. Vote Results For: 6 Against: 1 Absent: 1 Planning Commission Final Report Page 5 Public Notification Number of Notices Mailed — 108 within 200 -foot notification area 2 outside notification area As of April 19, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 3 inside notification area — 0 outside notification area Totaling 1.54% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-02 Alex Azali (Dorsal Dev.)-TABLED\Council Documents\Report 0316-02 Alex Azali.docx CG2 RM- Ail I I I I It .4% 429 41 �'� 3a r – 88 7 m M 89 81 CN -1 72 a 104 RS -4.5 m —99 32 n e 5 n 6 �B ry,�2a��/p/►`90 50 4%:40m N7 we! 41" ^40 m to 75 10 78 7777; 103:§1 11 to 35 23 r � 37 44 1a m v 37 m \' RS Apb iterti # 41lb $/ Af 4* #4* 44* )*41," + n R9� fi ry �� ► r 0U -� 8rr-� - — cait 18 0 �47m 70 .10o 98 e 2 ©6 � 2a t`�737 58 – 01 Mo 3 •r-- 89 C7•101 a 2 m ."1" 4fIP 1' / -4.5 Date reated:3/3/2016 ;rryo�p�er®d)By: l vetted Department of r - ve bpntent Services CASE: 0316-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commerc is I Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farrn Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industriar PUD Planned Unit Oev, Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 R54.5 Single -Family 4.5 RS -TE Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home 1-7 Subject Property 0 Owners web 200' holler in favor 4 Owners within 200. &sled on x Owners attached ownership tome in opposition SUBJEC PROPERTY ceya Dei 0.0 �I9<►1 City of Corpus Christi 30' 50' b 4 N n 0 N N 45' CPL EASEMENT V. 53, P. 115, M. R. THE FORUM MALL, BLOCK 1, LOT 2R, V. 53, P. 115, M. R. N28. 46' 49' E 943. 19' FD 5/8' I. R. 929. 94' 25 15' UE GEORGE ESTATES, V. 68, 24 1 P. 456 & 457, M. R. 22 5/8711 R. 21 20 15' UE 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 NO DUNPSTER 7 CARS 11111 I 1111111118 11111111 III I II 111111 I I 11111Th VIM 1 BLDG TYPE 4, 176. 17' X 70' 122BR & 123 BR 1,1 23. 25' 11• - BLDG TYPE 4, 176. 17' X 70' 12 2BR & 12 3 BR BLDG TYPE 5, 72. 08' X 67. 83' 6 1BR & 6 2 BR r a 111111+1cF+1111111111 111111171q41111111 BLDG TYPE 3, 172. 17' X 70', 24 2 BR 93' X 127' OFFICE, POOL & LAUNDRY SPACE - J DUMPSTER BLDG TYPE 2, 150. 67' X 70' , 12 1BR & 12 2BR BLDG TYPE 3, 172. 17' X 70' , 24 2 BR BLDG TYPE 1, 144. 17' X 67. 83' , 12 1BR & 12 2BR BLDG TYPE 2, 150. 67' X 70' , 12 1BR & 12 2BR BLDG TYPE 1, 144. 17' X 67. 83' , 12 1BR & 12 2BR II BALCONYS THESE TWO BUILDINGS SHALL FACE INWARD ONLY (NONE TO FACE OUTWARD). BLDG TYPE 1, 144. 17' X 67. 83' , 12 1BR & 12 2BR v) 11 11111 11 1 k445 1111 1111 I I I I 1 1 1 1 1 1 0 0 CARS 111II (6a14FTER BLDG TYPE 1, 144. 17' X 67. 83' , 12 1BR & 12 2BR CHELSEA, BLOCK 1, LOT 1 591,457 SF = 13.578 AC. BLDG TYPE 3, 172. 17' X 70' , 24 2 BR BLDG TYPE 2, 150. 67' X 70' , 12 1BR & 12 2BR t7 0 v) ro I 1111 I I I111 111 111 11111 1 1 1 1 1 1 1 11 I I 11111 1111f1HAts 111111 111 11111 11111 F 605. 32' AFD 5/8' I. R. 15' UE S28° 37 09' W 618. 57' 15' UE FDI 5/8' I. R.�r aI O T. 3 4 MORNING STAR ESTATES UNIT 2, v+ I ug V. 66 P. 75 & 76, M. R. 0 NO DUIPSTER v 3 CPR r 18 n FD 5/8' I. R. ti 17 Ln 0 0 16 V, 13 ' _1 0 a cc lir LE trg rt 9 N 15 P°a W ti co OV' z A-1 (J 14 10' UE 11 l2 19 15' UE S28'46' 49' W 20 324. 95' 21 MORNING STAR ESTATES UNIT 3, V. 67, P. 329 & 330, M. R. 19 % 145 18 17 LOT 45, ELK 1, CITY OF CC C 32 30 • 29 Ln W N 28 27 26 ED 5 8 JR. 22 23 LOT 32 16 15 LOT 44 MORNING STAR ESTATES UNIT 3, V. 67, P. 329 & 330, M. R. CO A D W A A BLDG TYPES BLDG TYPE 1 4 EA BLDG TYPE 2 4 EA BLDG TYPE 3 4 EA BLDG TYPE 4 2 EA BLDG TYPE 5 2 EA 0 R 14 BR UNITS 1 BR 8 BLDG X 12 U/8 • 2 BLDG X 6 U/B L08 I BR UNITS 2 BR 8 BLDG X 12 U/8 • 4 BLDG X 24 U/B • 2 BLDG X 12 U/B • 2 BLDG X 6 U/B 220 2 BR UNITS 3 BR 2 BLDG X 12 U/B 24 3 BR UNITS TOTAL 360 UMTS APARTMENT AND PARKING DATA DENSITY: 360 UNITS/13.578 AC. = 26.51 UNITS PER ACRE PARKING: 108 ONE BR UNITS X 1.5 CARS/UNIT = 162 CARS 252 TWO & THREE BR UNITS X 2 CARS/UNIT = 504 CARS VISITOR PARKING - 360 UNITS DIVIDED BY 5 = 72 CARS TOTAL PARKING REQUIRED = 738 SPACES THIS PLAN SHOWS 753 SPACES NOTE. LIGHT FIXTURES SHALL NOT BE HIGHER THAN 15' IN PARKING MEAS THAT ABUT SINGLE FAMILY RESIDENTIAL ADJACENT PROPERTY. THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHOR TY OF NIXON M. WELSH, P. E. NO. 36240 OF BASS AND WELSH ENGINEERING, F 52. 1T 1S NOT TO BE USED FOR CONSTRUCTION OR BIDDING PURPOSES. r 0 co r 0 W BASS & WELSH ENGINEERING TX SURVEY REG. NO 100027-00, TX ENGINEERING REG. NO. F-52, 3054 S. ALAMEDA STREET. CORPUS CHRISTI, TEXAS 78404 PROPOSED APARTMENT PROJECT CHELSEA, BLOCK 1, LOT 1 CORPUS CHRISTI, NUECES COUNTY, TX SITE PLAN N NEL41 PLOT SCALE. 1' . 40' SCALE (H)' SME SCALE (v). JJDt..—DOFF DATE PLOTTED 3/29/16 COM. NO. PCD.DWG JOB NO 18054 SHEET J— OF ,,,.,,,,us ::-Or -, __-, Ti. IIv ,RA* ��.Z c*' 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.: 0316-02 Map No.: 040032 PC Hearing Date: 3/23/16 Proj.Mgr: Hearing Location: Citv_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: Alex Azali Contact Person : Alex Azali Mailing Address: POB 8155 city_ corpus christistate. zip: 78468 Phone: (361 ) 688-8000 E-mail: cell: ( 361 )688-.8000 z. Property Alex Azali gRP 2-121-, Alex Azali Owner(s): nQe.�� Contact Person Mailing Address: POB 8155 City: Corpus christi State: tX ZIP:78468 Phone: ( 361 ) 688-8000 E-mail: Cell. (361 ) 688-8000 3. Subject Property Address: Lt 13&14 flour bluff Tracts Area of Request (SF/acres): 13.814 Current Zoning & Use: RM -1 Proposed Zoning & Use: RM -2 C��� . 12 -Digit Nueces County Tax ID, 4 3 5 1_- U 0 1_ 0 1 6 0 74,07 A -R k .14 Subdivision Name: ca ► �,. f / -R— f Block: Lot(s): Legal Description if not platted Lt13&14 flour bluff tracts sect 27 and encinal farm &garden tracts 4. Submittal Requirements: ■❑ Early Assistance Meeting: Date Held with City Staff • Land Use Statement ❑ Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) • Site Plan • Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Appointment of Agent Form if landowner is not signing this form for PUD or Special Permit ■ Lien Holder Authorization I certify tha I have provided he City orpus Christi with a complete application for review; that I am authorized to initiate this rezoning s r on b If of the Property Owner(s); and the information provided is accurate. Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name _ .,- Office Use Only: Date Received: i I l 147 Received By )/ ADP: SS Rezoning Fee: 1976 S11 + PUD Fee 0 + Sign Fee—lf3°:06' = Total Fee 1986.50 No. Signs Required 1 @ $10/sign Sign Posting Date: KIDEVELOPMENTSVCSISHARED%AND DEVELOPMENTLAPPLICATION FORMSIREZONINGSZONING 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. Need rezoning for multifamily use 2. Identify the existing land uses adjoining the area of request: North - South - East - West - C 1USERS TANYAR.0001DESKTOPIDAILY USEIANNIKALAND USE STATEMENT FOR 2ONING,DOC NAME: 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". Dorsal Developement LLC STREET: POB 8155 CITY: corpus christi ZIP: 78468 FIRM is:OCorporation OPartnership ()Sole Owner OAssociation OOther DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 N/A 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 N/A 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 N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alex Azali Title: owner (Print Name) Signature of Certifying Person: Date: K IDEVELOPMENTSVCSISHAREDILANA OEVELOPMENT.APPLICATION FORMSIREZONINGIOISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC MURRAY BASS, JR., P.B., R.P.L.S. NIXON M. WELSH, P_E.,R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw(u�aol.com RM -2 Zoning Tract December 14, 2015 Description of an 11814 acre tract of land, more or less, a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume °A", Pages 41 — 43, Map Records, Nueces County, Texas, said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost corner of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22`51"E 375.10' to a point for the northernmost east corner of the tract herein described and southernmost corner of Lot 26, Block 5, said Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 S28°46'49"W 324.95' to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2, a map of which is recorded in Volume 66, Pages 75 and 76, said map records, S61°22'51"E 400.00' to a point for the northwest comer of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 S28°37'09"W 618.57' to a point for the southernmost comer of the tract herein described and northeasterly right-of-way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road, being along a line 36.75' northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24"W 776.84' to a point for the westernmost comer of the tract herein described in the southeast boundary line of The Forum Mall, Block 1, Lot 2R, a map of which is recorded in Volume 53, Page 115, said map records; THENCE N28°46'49"E 943.19' along said southeast boundary line of The Forum Mall, Block 1, Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said map records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit "B". Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 10 N. C r'af{0 22 Z 2 i S61 eco p ti PROPOSED RM -2 ZONy .IC TRACT, 13.814 AC!cti FB B EF ET, '- SECT 7 'O' 01-4/o / n7^ / �. ! yb��1 r, oil, ,r -T 1�F.UGE sfi�Tlo /1_1). , \ FB t to - ti ti ti 0 100' 200' i 400' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 "=200' SCALE: 111= 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—ZONING, JOB NO. 15054, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 12/14/15, SHEET 1 OF 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, cue tienen la intention de asistir a esta junta v cue requieren servicios especiales, se les suplica uue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inches es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interDrete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-02 `. MAR 17 2016 J, DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a -change of- zot ing—frorn^kher- "RM-1" Multifamily 1 District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as: Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. 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 t r ; eu ii_ The public hearing will be held on Wednesda Math.23, 2016, during one of the Planning; n f s regular meetings, which begins at 57 .. I e City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by fetter. Printed Name: Address: 6 1 � ,t /'i? i 1 /2 D R City/State: ()?? PUS Oil -Risk, i ( ) IN FAVOR N IN OPPOSITION Phone: Za f- 9 • /S44 REASON: , ,d fi. %d -I -S /7r16,1 y /'),1 LI I 1 ii 6' 4- 2 pp...." tonti lgh -,L„� Ic t r~e w 5v(d s ipP�,e�- t rs h �-wI rtS0 7 °b 1l `ala'_ 47 Signature SEE MAP ON REVERSE SIDE Property Owner ID: 8 HTE# 16-10000003 Case No. 0316-02 Project Manager: Dolores Wood 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 incaoacidades, que tienen la intencion de asistir a este junta v clue reauieren servicios especiales, se les suolica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo. al numero (361) 826-3240_ If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su ingles es limitedo, favor de hamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interorete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-02 U{ MAR 17 2016 DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a change- of 'Writ-rig—from terer- "RM-1" Multifamily 1 District to the "RM -2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as• Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. 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 re ,the City Council. The public hearing ;vijIdnesdav, March 23, 2016, during one oT 1 i rmmg Commission's regular meetings, wl i'dl '" r1 "ur-530 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 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: Pail/ Ott 'C'l`1Y^? ' ` 1 -ec_i ' (-3 Address:150I (`-Y0 /�. rt- r rive C' /State: CORPUS()he.i5-6 %x -tTCLCeff { ) IN FAVOR (1,-)1 OPPOSITION Phone:,(,/ —5/4— 256 REASON: ! l ll fK�t �!, ��ei Te.P c p&t4 LGt_1U.2. i n oar home., yer.9 h_l T w I �F}%Q 1 d7�S of road. >1�rf sa-re -For l� (45 . �P�r, cd p I�x ll flu ldr.ph tii A.) rui5d boor \/ of IiZij ,Spray 7t') Ifi9 e/c, /M5 t vef t)/e ,y �' 91-°_�,f,,,j/`- 1 ' a t�.�G�. 4���,, ����� mon, Signature 03-13 Ile SEE MAP ON REVERSE SIDE Property Owner ID: 36 � (,��� HTE# 16-10000003 1 '-?9Pt Case No. 0316-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de is ipnta Hernando .el departamento de servicios de desarroflo, al n(trnero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitado. favor de Ilarnar al deDartamento de servicios de desq,rrallo al Humero (361) 828-3240 al menos 48 horas antes de la junta para solicitar Cr prete ser presente ctarnie l'9 iunta. MAR 21 2016 DEVELOPMENT SERVICES SPECIAL SERVICES ex Azali has petitioned the "RM -1" Multifamily 1 District to Land Use Map from medium to as: CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-02 City of Corpus Christi to consider a change of zoning from the the "RM -2" Multifamily 2 District, resulting in a change to the Future high density residential uses. The property to be rezoned is described Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. 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 recommerEdati n4e-t# -.ityi Quncil. The public hearing will be held ttq f f dav, March 23, 2016 during one of the Planrfttitg"t t11ission's regular meetings, which begin "'ar5:`30-07 ii:, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: A ix- \r‹,y1 5 Address: !/ 0! S f a r 17a(r& r ( ) IN FAVOR 90 IN OPPOSITION j `^ REASON: `I YwA YI 'J(� i UOv dv-PA v\o_es sa( LA drase-Y-v- ; ✓) pk& s c(ppor4 a tA; t ( qj (o n'tivr'---,re�{�, wa sfei',uct `-e-r' T-NomeYri5 City/State: C C k7 1-16 Phone: 3ty/- 9 -s39 2 SEE MAP ON REVERSE SIDE Property Owner ID: S HTE# 16-10000003 V ig ature Case No. 0316-02 Project Manager: Dolores Wood While 1 cannot speak for all of my neighbors, those conversations 1 have had with them lead me to several conclusions regarding the rezoning request: though not opposed to a high density multi -family development in this area in the future, my neighbors and I would prefer to see the infrastructure built to support such a development prior to any rezoning for several reasons. First, per the Unified Development Code, RM -2 zoning permits 30 residents per acre. Given that the subject property is 13.814 acres, this would deposit at least 400 new residents In to the middle of a small residential neighborhood. While the slight widening of Wooldridge Road and addition of a turning lane from Rodd Field to Quebec has helped with traffic, the opening of Adkins Middle School has brought more traffic in to an area with few ways out. With the Oso Wetlands Preserve opening and more homes being built every day, traffic is a growing problem in this area. Second, while Wooldridge Road between Rodd Field Rd. and Cimarron is a four -lane classified as an arterial (as of the 1987 Southside Development plan), Wooldridge Road between Rodd Field and Ennis Joslin is a two-lane farm road with wastewater ditches on either side. Those ditches, thanks to the recent rains, are overflowing stagnant water over the sidewalks that were only recently added thanks to concerned parents of Adkins Middle School students. Third, Holly Road between Paul Jones and Rodd Field is in dire need of repairs, especially with the increased traffic to and from Adkins Middle School and the new development there. As one of the only other ways out of this neighborhood, hemmed in as we are by the Cayo del Oso and dead-end developments, it is growing rapidly overused. While the completion of Ennis Joslin between Holly Road and South Padre Island Drive was approved in the last bond election, it is not yet started and is even further from being complete. Holly, like Wooldridge, remains a two-lane farm road with wastewater ditches on either side. Fourth, most if not all of the homes surrounding the subject property are single -story family homes. A high density apartment development two to three stories high would be out of place in the area. While we don't have the particulars of any proposed development on the site, this would be a concern for the neighbors of the subject property. Assurances that the development plan includes cottage -style single story homes (or similar) would assuage the concerns of the neighbors on this point. Lastly, in times of severe weather, the subject property collects, filters, and absorbs much of the rain water; twice last year the run-off from it was so great that Gold Star Drive was flooded through the yards of homeowners. Replacing this natural collector/processor with a vast sea of concrete for "high density" parking, though we're sure it would be properly graded and designed, makes the neighbors worry about a higher possibility of water damage. I would happily reconsider my opinion on this rezoning request & subsequent development if presented with an action plan that addresses the points addressed in this letter. ti'IrI1 w r n1 MAR 2 1 ZO16 DEVELOPMENT SLRVICES SPECIAL SERVICES AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 19, 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 1752 Rand Morgan Road CAPTION: Case No. 0316-04 NP Homes, LLC: A change of zoning from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS -6" Single -Family 6 District and to the "FR" Farm Rural District. The property is described as being a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. PURPOSE: The purpose of this item is to rezone the property to allow construction of a single-family subdivision with a buffer area. RECOMMENDATION: Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2. Vote Results: For: 7 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 (21.568 acres) and to the "FR" Farm Rural District on Tract 2 (6.660 acres) to allow the construction of a single-family subdivision with a buffer area. The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The Future Land Use Map recommends light industrial uses for the majority of the property and transitioning to the heavy industrial zoned property to the east. Rand Morgan Road is essentially the dividing line between the planned industrial lands and residential land on the Future Land Use map. The McNorton Subdivision to the south of the subject property is designated as a "neighborhood in transition" in the Port/Airport/Violet Area Development Plan (ADP) since the neighborhood is surrounded on three sides with industrial uses or zoning. The term "In Transition" in the ADP suggests that the location of the McNorton Subdivision is not an ideal residential location due to potential negative impacts from industrial used or zoned property. The proposed 6+ acre buffer proposed by the applicant may be sufficient to protect the proposed residential subdivision from the negative impacts of the abutting "IH" Heavy Industrial zoned property. Staff is of the opinion that the applicant has made a significant effort to address Comprehensive Plan land use issues by proposing the "FR" Farm Rural District as a protective buffer to the neighborhood. Therefore, a change to the Future Land Use Plan map is warranted. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District and "FR" Farm Rural District is not consistent with the Port/Airport/Violet ADP or the adopted Future Land Use Plan's designation of the property as light industrial. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: -1 Operating -1 Revenue Capital III1 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 NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, from the "FR" Farm Rural District and "IH" Heavy Industrial District to the "RS -6" Single -Family 6 District and to the "FR" Farm Rural 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 NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2, and on Tuesday, May 10, 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 NP Homes, LLC on behalf of Double T & C Properties, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1 being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land (the "Property"), from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2 (Zoning Map No. 058046), as shown in Exhibits "A", "B" and "C". Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, and Exhibit C, which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for low density residential land uses on Tract 1 and agricultural/rural uses on Tract 2. 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. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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 - NP Homes, LLC Page 3 of 3 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 RS6 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B RS6.doc Description of a 21.568 acre tract of land, more or less, being a portion of 25.998 acre Parcel 2 described by deed, Document No. 2004017839, Official Records of Nueces County, Texas, said 21.568 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the east right-of-way line of Rand Morgan Road and the south boundary line of an 80 acre tract described by deed recorded at Document No. 2001007773, said official records, said 80 acre tract is described in the "Rand Morgan Road Property" of said deed recorded at Document No. 2001007773, said beginning point for the northwest corner of the tract herein described and of said 25.998 acre tract; THENCE along the common south boundary line of said 80 acre tract and north boundary line of said 25.998 acre tract N89°24'27"E 1041.65' to a point for central north corner of the tract herein described; THENCE S00°41'43"E 366.27' to a point for central interior corner of the tract herein described; THENCE N89°32'15"E 639.89' to a point for the northernmost east corner or northeast corner of the tract herein described; THENCE S00°52'41"E 496.85' to a point for the southeast corner of the tract herein described and being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common north boundary line of said McNorton Subdivision No. 2 and south boundary line of said 25.998 acre tract S89°17'59"W 1259.57' to a point for the southernmost west corner or southwest corner of the tract herein described and of said 25.998 acre tract; THENCE N00°43'49"W 666.92' along a westerly boundary line of said 25.998 acre tract to a point for interior northwesterly corner of the tract herein described and of said 25.998 acre tract; THENCE S89°23'08"W 422.94' along a northwesterly boundary line of said 25.998 acre tract to a point in said east right-of-way line of Rand Morgan Road for a northwesterly corner of the tract herein described; THENCE along the east right-of-way line of Rand Morgan Road N00°45'13"W 200.18' to the POINT OF BEGINNING, a sketch showing said 21.568 acre tract for RS6 Zoning being attached hereto as Exhibit "C". y 1_ # nrt Nixon M. Welsh, R.P.L.S. W >�r`' u 17c (iii II WELSH �.�►!i ' fP.s.TR Paii EXHIBIT "A" Page 1of1 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 FR Zoning Tract STATE OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B FR.doc Description of a 6.660 acre tract of land, more or less, a portion of an 85.022 acre tract of land described as Parcel 1 in deed, Document No. 2004017839, Official Records of Nueces County, Texas, and a portion of 25.998 acre Parcel 2 described by said deed, Document No. 2004017839, said 6.660 acre tract as further described by metes and bounds as follows: BEGINNING at a point in the south boundary line of said 85.022 acre tract for the southeast corner of the tract herein described, said beginning point bears N89°17'59"E 150.00' from the common southwest corner of said 85.022 acre tract and the southeast corner of said 25.998 acre tract, said beginning point being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common south boundary lines of said 85.022 acre tract and said 25.998 acre tract and the north boundary line of said McNorton Subdivision No. 2, S89°17'59"W, at 150.00' pass said common southwest corner of 85.022 acre tract and southeast corner of said 25.998 acre tract, in all, 225.00' to a point for the westernmost south corner of the tract herein described: THENCE N00°52'41"W 496.85' to a point for central easterly interior corner of the tract herein described; THENCE S89°32'15"W 639.89' to a point for westerly central corner of the tract herein described; THENCE N00°41'43"W 366.27' to a point for the northwest corner of the tract herein described in the common north boundary line of said 25.998 acre tract and south boundary line of an 80 acre tract of land described by deed, Doc. No. 2001007773, said official records; THENCE N89°24'27"E 225.00' along said common north boundary line of 25.998 acre tract and south boundary line of 80 acre tract to a point for the easternmost north corner or northwesterly corner of the tract herein described in the west boundary line of 5.100 acre Parcel 3, said Document No. 2004017839; THENCE S00°41'43"E 216.78' to a point for northwesterly interior corner of the tract herein described and southwest corner of said 5.100 acre tract; THENCE N89°32'15"E 639.41' along the south boundary line of said 5.100 acre tract and thru a portion of said 85.022 acre tract to a point for the northeast corner of the tract herein described; EXHIBIT "B" Page 1 of 2 Metes and Bounds Description, 6.660 Acre Tract, March 22, 2016, continued: THENCE S00°52'41"E 645.92' to the POINT OF BEGINNING, a sketch showing said 6.660 acre tract for FR Zoning being attached hereto as Exhibit "C". n7 ' fr_SSS 4�.. �R�,� %� f� � 'ul][(il_ WEA Nixon M. Welsh, R.P.L.S. • nit ' s 4 r. .� 221 AT � suAy_Arglir' EXHIBIT "B" Page 2 of 2 /2222»») 4 N00° 45' 13" W z <� 200. 18'1 D Z �7L- D 0' 13:1 -CJI 3> Z D DC7 Z z C 5 6A 6B 7 S89° 17' 59" W 8 1259, 57' COMMON SE CORNER OF 25. 998 AC. TRACT AND SW CORNER OF 85. 022 AC. TRACT 10 11 12 13 14 15 16 17 N00° 43' 49" W 666 92' RS6 ZONING TRACT, 21, 568 AC, X25, 998 AC. PARCEL 2, DOC. NO. 2004017839, O. R. S00° 52' 41" E S00° 41' 43" E 0 Cn Cfl 3 .L2 ,172 o68N S89° 17' 59" W 18 225. 00'- 496. 85' o FR ZONING TRACT, 4, 6. 660 AC 366. 27' Z CO ° u1 f1 0' (.J D Co 3 .S 1 ,2E o68N 0' c=i tIO N N c r: 0 0 0' 0' 0' cn CL RAND MORGAN ROAD CFM 2292) SOUTH P❑RTI❑N OF 80 ACRE TRACT, DOC. NO. 2001007773, ❑. R. S00° 41' 43" E 216. 78' 5, 100 AC. PARCEL 3, DOC. NO. 2004017839, ❑. R. 19 S00° 52' 41" E 645. 92' 85, 022 AC. PARCEL 1, D❑C, Na 2004017839, 0. EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1"=300' 0 150' 300' 600' SCALE: 1"= 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—ZONING, JOB NO. 15058, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 3/22/16, SHEET 1 OF 1 Aerial Overview Vicinity Map -SE[MVIGK-436- 1 Aerial Overview JLJ 7 2 PLANNING COMMISSION FINAL REPORT Case No. 0316-04 HTE No. 16-10000005 Planning Commission Hearing Date: April 6, 2016 Applicant & Legal Description Applicant: NP Homes, LLC Representative: Nadar Karimi Owner: Double T & C Properties, Inc. Legal Description/Location: Being a 28.228 acre tract of land described by Deed Document No. 200401783, Official Records of Nueces County, Texas, containing two tracts of land: Tract 1, being 21.568 acres out of a 25.998 acre tract of land; and Tract 2 being a 6.660 acre tract out of an 85.022 acre tract of land, located on the east side of Rand Morgan Road between McNorton Street and Goodnight Loving Trail. Zoning Request From: "FR" Farm Rural District and "IH" Heavy Industrial District To: "RS -6" Single -Family 6 District and "FR" Farm Rural District Area: 28.23 acres Purpose of Request: To allow construction of a single-family subdivision with a buffer area. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District and "IH" Heavy Industrial District Vacant Light Industrial North "FR" Farm Rural District and "IH" Heavy Industrial District Vacant Light Industrial South "RS -6" Single -Family 6 District Low and Medium Density Residential Low Density Residential East "IH" Heavy Industrial District Heavy Industrial Light Industrial West "FR" Farm Rural District and "RE" Residential Estate Vacant and Residential Estate "RE" Residential Estate and Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "RS -6" Single -Family 6 District and "FR" Farm Rural District is not consistent with the adopted Future Land Use Map or the Port/Airport/Violet Area Development Plan. Map No.: 058046 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Rand Morgan Road, which is an "A2" Secondary Arterial Divided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Rand Morgan Road "A2"Secondary Arterial Divided 100' ROW 54' paved 80' ROW 40' paved 6,094 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 (21.568 acres) and "FR" Farm Rural (6.660 acres) to allow the construction of a single-family subdivision with a buffer area. Development Plan: The applicant is proposing to build a residential subdivision with 6,000 square foot minimum single family lot sizes. In addition, the application is proposing a 150 foot wide "FR" Farm Rural zoned buffer area next to the "IH" Heavy Industrial zoned property to the east and north. Existing Land Uses & Zoning: The subject property is vacant and zoned "FR" Farm Rural District and "IH" Heavy Industrial District. North of the subject property is zoned "FR" Farm Rural District and "IH" Heavy Industrial District and also consists of vacant land. South of the subject property is zoned "RS -6" Single -Family 6 District and consists of low density residential uses. East of the subject property is zoned "IH" Heavy Industrial District where the former Celanese Plant operated. Today the facility is occupied by light and probably some heavy industrial uses. West of the subject property is zoned "FR" Farm Rural District and "RE" Residential Estate, consisting of one -acre residential estate uses and vacant land. To the west of Rand Morgan Road is a residential subdivision zoned for "RS -4.5" Single Family 4.5 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District and "FR" Farm Rural District is not consistent with the Port/Airport/Violet ADP or the adopted Future Land Planning Commission Final Report Page 3 Use Plan's designation of the property as light industrial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - Each neighborhood of the City shall be protected and/or improved to be a desirable and attractive residential environment. (Corpus Christi Policy Statements, Residential Policy Statement a.) - Incompatible industrial and commercial land uses should not abut residential areas. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement i.) Plat Status: The subject property is not platted. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan Future Land Use map: o The Future Land Use Map recommends light industrial uses for the majority of the property as a buffer to the heavy industrial zoned property to the east. Rand Morgan Road is essentially the dividing line between the planned industrial used lands and residentially used land on the Future Land Use map. o The subject property has not developed under the current adopted Future Land Use Plan designation and the existing zoning. o The McNorton Subdivision to the south of the subject property is designated as a "neighborhood in transition" in the Port/Airport/Violet Area Development Plan (ADP) since the neighborhood is surrounded on three sides with industrial uses or zoning. The term "In Transition" in the ADP suggests that the location of the McNorton Subdivision is not an ideal residential location due to potential negative impacts from industrial used or zoned property. o The proposed 6+ acre buffer proposed by the applicant may be sufficient to protect the proposed residential subdivision from the negative impacts of the abutting "IH" Heavy Industrial zoned property. o Staff is of the opinion that the applicant has made a significant effort to address Comprehensive Plan land use issues by proposing the "FR" Farm Rural District as a protective buffer to the neighborhood. Therefore, a change to the Future Land Use Plan map is warranted. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural and "IH" Heavy Industrial Districts to the "RS -6" Single -Family 6 District on Tract 1 and "FR" Farm Rural District on Tract 2. Vote Results: For: 7 Against: 0 Absent: 1 Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 41 within 200 -foot notification area 2 outside notification area As of April 19, 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) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-04 NP Homes, LLC\Council Documents\Report - NP Homes, LLC.docx RS - 6 a RE C CI FR a o m CG -1 MC NORTON RD 6 w 400 800 Feet N ce 6 N N o J J 4 2 •i0 N E Date Created: 3/23/2016 Prepared By: JeremyM Dep invent orD4velopment Services CASE: 0316-04 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS -T1-1 Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP /6 - /0619000o - REZONING 4619000 REZONING APPLICATION Case No.: 0 3 J cF q0 '4 Map No.: Qom`] ?O L/ PC Hearing Data: — — f (.o pm].Mgr Davelapnnent Swims Heir -- Hearing Location: City Hall. Courvil Chambeer.1201 Leopard Street 381) (P.O. Box BUT Hearing Time: 5:30 p.m. Carpo: Christ(Texas 78489`9277 MAXIMUM t F RIVE MOWN= CASES ARE SCHEDULED PER HEARING. 381) 928.3240 • A MAXIMUM Located at 2408 Leopard Street * AFFIXATIONS bSIL L Nor BE ACCEPTED. 1. Applicant: _ . t Contact Person : g O&a.r tkar1 INA Mailing Address: PN g ey %Jp 3 • Phone: f3i.%) URS- g3 $Z E-mail: Cell: (___,__) 2. Property Owner(s): p�,s�� "� se C. a.4 rs t to C Contact Parson : T4 e" Ltob. Mailing Address: VO Sera. 23.0‘ 5 City: 12: "71i142.1- Phone: f ) E-mail: Cell: ( .) 3. Subject Properly Address: Cleurltsloa :..ow�lA. Sr , Area of Request (SF/aces): 'i . (eta Acre_ lc Currant Zoning & Use: V1 c?Al 1icic- +r'� o & Use! 1 12 -Digit Nueces County Tax ID: QZ11-.ft..L*a_S�.1Sa$—lip hrtea\516 Subdivision Name: Asst 5..10. ' K:lot 111 Co Stock Lot(s): - Legal Description if not platted: l e sscac$ j xir �� k - Pi, me,� VAC) 75 . ` i +z 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held ; with Ciel Staff ❑ Lend Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit if property Includes un -platted land (sealed by RPLS) 0 Uen Holder Authorization ❑ Appointment of Agent Form if landowner Is not signing this form I certify tha �: r, provided lb - Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning er nn of the Property Owner(s); end its motion provided Is accurate. nna er or Agent's Printed Name Na r4 P.rr K ar .n Appl®nts Printed Name Office Use Only: Date Recant a- -- h ces RaSy: bI I ADP: AV Rezordng Fee:'ffit' k 7D+ PUD Fes +Sign Feed573 2. Total Fee No. Signa Roqukud..._-,-L._ 0 SlOisign Sign Posting Date: xt10eva DOAELOP10211WPPUCATION —FOrillaREzOtANOZONINCIPPMEATON ant5DOC Fann Rertspd 5,12/2016 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: ZletOcAe 7 E C Qrescpar#I ar.c STREET: Qt, Rey 240 °tb 5 CITY: rarpwR chy-e-M 1—"'"X ZIP: 11M2-+ FIRM is: Corporation °Partnership ()Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) I.) 1k N I P\ 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 1\1)1 A NIS 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 IA X11 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 N1A �1 t CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 1 ♦ rr% 1.. • itle: (Print Name) FrPiSignature of Certifying Person \r ��/�� Date: MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com Received 3-22-16 BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 RS6 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B RS6.doc Description of a 21.568 acre tract of land, more or less, being a portion of 25.998 acre Parcel 2 described by deed, Document No. 2004017839, Official Records of Nueces County, Texas, said 21.568 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the east right-of-way line of Rand Morgan Road and the south boundary line of an 80 acre tract described by deed recorded at Document No. 2001007773, said official records, said 80 acre tract is described in the "Rand Morgan Road Property" of said deed recorded at Document No. 2001007773, said beginning point for the northwest corner of the tract herein described and of said 25.998 acre tract; THENCE along the common south boundary line of said 80 acre tract and north boundary line of said 25.998 acre tract N89°24'27"E 1041.65' to a point for central north corner of the tract herein described; THENCE S00°41'43"E 366.27' to a point for central interior corner of the tract herein described; THENCE N89°32'15"E 639.89' to a point for the northernmost east corner or northeast corner of the tract herein described; THENCE S00°52'41"E 496.85' to a point for the southeast corner of the tract herein described and being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common north boundary line of said McNorton Subdivision No. 2 and south boundary line of said 25.998 acre tract S89°17'59"W 1259.57' to a point for the southernmost west corner or southwest corner of the tract herein described and of said 25.998 acre tract; THENCE N00°43'49"W 666.92' along a westerly boundary line of said 25.998 acre tract to a point for interior northwesterly corner of the tract herein described and of said 25.998 acre tract; THENCE S89°23'08"W 422.94' along a northwesterly boundary line of said 25.998 acre tract to a point in said east right-of-way line of Rand Morgan Road for a northwesterly corner of the tract herein described; THENCE along the east right-of-way line of Rand Morgan Road N00°45'13"W 200.18' to the POINT OF BEGINNING, a sketch showing said 21.568 acre tract for RS6 Zoning being attached hereto as Exhibit "C". — 1 _ # n rt . • vl vw fl/ l�rim T�4�� lixon M. Welsh, R.P.L.S. >�r`' u 17c (iii II WELSH Nbe..14. 22"+F v• i varcas EXHIBIT "A" Page 1of1 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 FR Zoning Tract STATE OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com March 22, 2016 15058-M&B FR.doc Description of a 6.660 acre tract of land, more or less, a portion of an 85.022 acre tract of land described as Parcel 1 in deed, Document No. 2004017839, Official Records of Nueces County, Texas, and a portion of 25.998 acre Parcel 2 described by said deed, Document No. 2004017839, said 6.660 acre tract as further described by metes and bounds as follows: BEGINNING at a point in the south boundary line of said 85.022 acre tract for the southeast corner of the tract herein described, said beginning point bears N89°17'59"E 150.00' from the common southwest corner of said 85.022 acre tract and the southeast corner of said 25.998 acre tract, said beginning point being in the north boundary line of McNorton Subdivision No. 2, a map of which is recorded in Volume 11, Page 31, map records of said county; THENCE along the common south boundary lines of said 85.022 acre tract and said 25.998 acre tract and the north boundary line of said McNorton Subdivision No. 2, S89°17'59"W, at 150.00' pass said common southwest corner of 85.022 acre tract and southeast corner of said 25.998 acre tract, in all, 225.00' to a point for the westernmost south corner of the tract herein described: THENCE N00°52'41"W 496.85' to a point for central easterly interior corner of the tract herein described; THENCE S89°32'15"W 639.89' to a point for westerly central corner of the tract herein described; THENCE N00°41'43"W 366.27' to a point for the northwest corner of the tract herein described in the common north boundary line of said 25.998 acre tract and south boundary line of an 80 acre tract of land described by deed, Doc. No. 2001007773, said official records; THENCE N89°24'27"E 225.00' along said common north boundary line of 25.998 acre tract and south boundary line of 80 acre tract to a point for the easternmost north corner or northwesterly corner of the tract herein described in the west boundary line of 5.100 acre Parcel 3, said Document No. 2004017839; THENCE S00°41'43"E 216.78' to a point for northwesterly interior corner of the tract herein described and southwest corner of said 5.100 acre tract; THENCE N89°32'15"E 639.41' along the south boundary line of said 5.100 acre tract and thru a portion of said 85.022 acre tract to a point for the northeast corner of the tract herein described; EXHIBIT "B" Page 1 of 2 Metes and Bounds Description, 6.660 Acre Tract, March 22, 2016, continued: THENCE S00°52'41"E 645.92' to the POINT OF BEGINNING, a sketch showing said 6.660 acre tract for FR Zoning being attached hereto as Exhibit "C". n7 ' fr_SSS 4�.. �R�,� %� f� � 'ul][(il_ WEA Nixon M. Welsh, R.P.L.S. • nit ' s 4 r. .� 221 AT � suAy_Arglir' EXHIBIT "B" Page 2 of 2 /2222»») 4 N00° 45' 13" W z <� 200. 18'1 D Z �7L- D 0' 13:1 -CJI 3> Z D DC7 Z z C 5 6A 6B 7 S89° 17' 59" W 8 1259, 57' COMMON SE CORNER OF 25. 998 AC. TRACT AND SW CORNER OF 85. 022 AC. TRACT 10 11 12 13 14 15 16 17 N00° 43' 49" W 666 92' RS6 ZONING TRACT, 21, 568 AC, X25, 998 AC. PARCEL 2, DOC. NO. 2004017839, O. R. S00° 52' 41" E S00° 41' 43" E 0 Cn Cfl 3 .L2 ,172 o68N S89° 17' 59" W 18 225. 00'- 496. 85' o FR ZONING TRACT, 4, 6. 660 AC 366. 27' Z CO ° u1 f1 0' (.J D Co 3 .S 1 ,2E o68N 0' c=i tIO N N c r: 0 0 0' 0' 0' cn CL RAND MORGAN ROAD CFM 2292) SOUTH P❑RTI❑N OF 80 ACRE TRACT, DOC. NO. 2001007773, ❑. R. S00° 41' 43" E 216. 78' 5, 100 AC. PARCEL 3, DOC. NO. 2004017839, ❑. R. 19 S00° 52' 41" E 645. 92' 85, 022 AC. PARCEL 1, D❑C, Na 2004017839, 0. EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1"=300' 0 150' 300' 600' SCALE: 1"= 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—ZONING, JOB NO. 15058, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 3/22/16, SHEET 1 OF 1 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 19, 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 4315 Carroll Lane CAPTION: Case No. 0316-05 TG 110 Samuel Place, LP: A change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. The property is described as Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. PURPOSE: The purpose of this item is to rezone the property to allow reconstruction of an existing multifamily affordable housing complex. RECOMMENDATION: Planning Commission and Staff Recommendation (April 6, 2016): Approval of the change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. Vote Results: For: 7 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS- TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District to allow reconstruction of an existing multifamily housing complex. The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). Staff finds that the rezoning is consistent with the Comprehensive Plan and the Future Land Use Map, as well as the Southeast Area Development Plan. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multifamily 1 District is consistent with the Southeast Area Development Plan and the adopted Future Land Use Plan's designation of the property as medium density residential. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital iir: 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 TG 110 Samuel Place, LP on behalf of HCS 310 LLC ("Owner"), by changing the UDC Zoning Map in reference to Carrollton Annex 3, Block C, from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of TG 110 Samuel Place, LP on behalf of HCS 310 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, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS- TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District, and on Tuesday, May 10, 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 TG 110 Samuel Place, LP on behalf of HCS 310 LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street (the "Property"), from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM - 1" Multifamily 1 District (Zoning Map No. 045036), 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 does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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 Page 2 of 2 Aerial Overview Aerial 1 N PLANNING COMMISSION FINAL REPORT Case No. 0316-05 HTE No. 16-10000006 Planning Commission Hearing Date: April 6, 2016 Applicant & Legal Description Applicant: TG 110 Samuel Place, LP Representative: Gilbert M. Piette Owner: HCS 310 LLC Legal Description/Location: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. Zoning Request From: "RS-TF/SP" Two -Family District with a Special Permit To: "RM -1" Multifamily 1 District Area: 4.162 acres Purpose of Request: To allow reconstruction of an existing multifamily affordable housing complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS-TF/SP" Two -Family District with a Special Permit Medium Density Residential Medium Density Residential North "RS -6" Single -Family 6 District Low Density Residential Low Density Residential South "RS -6" Single -Family 6 District Low Density Residential Low Density Residential East "RS -6" Single -Family 6 District Low Density Residential Medium and Low Density Residential West "RS -6" Single -Family 6 District Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density uses. The proposed rezoning to the "RM -1" Multi -family 1 District is consistent with the adopted Future Land Use Map and the Southeast Area Development Plan. Map No.: 045039 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 190 feet of street frontage along Carroll Lane, which is a "C1" Minor Residential Collector street. Planning Commission Final Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-TF/SP" Two - Family District with a Special Permit to the "RM -1" Multi -family 1 District to allow reconstruction of an existing multifamily affordable housing complex. Development Plan: The applicant is proposing reconstruct 60 existing affordable multifamily units to make them more modern and efficient. The intent is to demolish seven existing buildings and reconstruct six buildings. The total square footage of the buildings would total approximately 69,068 square feet. The height of the existing buildings is 18 feet while the new buildings are proposed to be 19.5 feet for two-story buildings and 30 feet for three story buildings. A total of 152 parking spaces are proposed for the project. The project is expected to be constructed in one phase. The project also has an office/club house, a pool, and related structures. Existing Land Uses & Zoning: The subject property is zoned "RS-TF/SP" Two -Family with a special permit and consists of medium density uses. North, south and west of the subject property is zoned "RS -6" Single -Family 6 District and consists of low density residential uses. East of the subject property is zoned "RS -6" Single -Family 6 District and "RS-TF/SP" Two -Family District with a Special Permit and consists of low density residential uses. 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 Southeast Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multi -family 1 District is consistent with the Southeast Area Development Plan and the adopted Future Land Use Plan's designation of the property as medium density. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • Comprehensive Plan Residential Policy Statement F: Medium density development, such as the proposed apartment complex, should be located with convenient access to an arterial or, along a collector that provides access to an arterial. • Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Carroll Lane "01" Minor Residential Collector 60' ROW 40' paved 60' ROW 40' paved 6,762 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-TF/SP" Two - Family District with a Special Permit to the "RM -1" Multi -family 1 District to allow reconstruction of an existing multifamily affordable housing complex. Development Plan: The applicant is proposing reconstruct 60 existing affordable multifamily units to make them more modern and efficient. The intent is to demolish seven existing buildings and reconstruct six buildings. The total square footage of the buildings would total approximately 69,068 square feet. The height of the existing buildings is 18 feet while the new buildings are proposed to be 19.5 feet for two-story buildings and 30 feet for three story buildings. A total of 152 parking spaces are proposed for the project. The project is expected to be constructed in one phase. The project also has an office/club house, a pool, and related structures. Existing Land Uses & Zoning: The subject property is zoned "RS-TF/SP" Two -Family with a special permit and consists of medium density uses. North, south and west of the subject property is zoned "RS -6" Single -Family 6 District and consists of low density residential uses. East of the subject property is zoned "RS -6" Single -Family 6 District and "RS-TF/SP" Two -Family District with a Special Permit and consists of low density residential uses. 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 Southeast Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multi -family 1 District is consistent with the Southeast Area Development Plan and the adopted Future Land Use Plan's designation of the property as medium density. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • Comprehensive Plan Residential Policy Statement F: Medium density development, such as the proposed apartment complex, should be located with convenient access to an arterial or, along a collector that provides access to an arterial. • Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. Planning Commission Final Report Page 3 Department Comments: 1. The rezoning is consistent with the Comprehensive Plan and the Future Land Use Map. 2. The rezoning is consistent with the Southeast Area Development Plan. 3. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. 4. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning. 5. The proposed rezoning would not have a negative impact on the surrounding neighborhood. 6. The existing use was approved via a Special Permit in 1980. The specific use permitted under the Special Permit was for a Senior Citizens Apartment/Hotel. 7. The rezoning if approved will apply the designation that more closely applies to the development as it currently exists and, to the redevelopment of the property as proposed. 8. The density of the project is 14.41 units per acre and is a density more similar to the townhouse district than the density permitted by the "RM -1" Multifamily 1 District (22 units per acre). 9. A Type B Buffer Yard will be required along the property lines between the proposed zoning district of "RM -1" Multifamily District 1 and the adjacent zoning districts of "RS -6" Single -Family 6 District. The Type B Buffer Yard includes a 10 - foot landscaped yard and 10 points achieved per UDC Table 7.9.7. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS-TF/SP" Two -Family District with a Special Permit to the "RM -1" Multifamily 1 District. Vote Results: For: 7 Against: 0 Absent: 1 Public Notification Number of Notices Mailed — 61 within 200 -foot notification area 12 outside notification area As of April 19, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 3.07% 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 CASES12016\0316-05 TG 110 Samuel Place, LP1Council Documents\ Report - TG 110 Samuel Place. LP.docx ti 9 kk, ti RS -6 S76 SP./70= Cls1�1 $ Feet D a t ear e a t e ed : 3724/2016 Prepared&By: IvefteM Department of Developent Se vices CASE: 0316-05 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial 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 in opposition LOCATION MAP -/vc000D6 Development Services Dept. P.Q. Box 9277 Corpus Christi, Texas 78469-9277 (351) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Case No.: 0316-05 Map No.: 045039 PC Hearing Date: 4/6/16 Proj.Mgc 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. Applicant: TG 110 Samuel Place, LP Mailing Address:8610 N. New Braunfels, Suite 500 Contact Person : Roger Canales city: San Antonio _ state: TX ZIP: 78217 E-mail: Phone: 2�) 821-4300 Cell: ( ) Property Owner(s): Tr, 1'[ n , Tnc . Contact Person : Roger Canales Mailing Address: RAI n N New Rraunfe1 e, suite 500 City: State: TX ZIP: 781.08 Phone: ( 210 ) 821-4300 E-mail: Cell: ( 210 ) 247-8192 Subject Property Address: 4315 Carroll Current Zoning & Use: RS -TF LN, Corpus Christ, TX Area of Request (SF/acres): 4.162 12 -Digit Nueces County Tax ID: 1379 Subdivision Name: Carrollton Annex Proposed Zoning & Use: RM -1 Multifamily District 0030 0000 -3 Legal Description if not platted: N/A Block: C Lot(s): Submittal Requirements: ® Early Assistance Meeting: Date Held 1/13/16 ; with City Staff Steven Rhea, Project Manager • Land Use Statement ® Disclosure of interest 1 Copy of Warranty Deed IF APPLICABLE ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization 0 Appointment of Agent Form if landowner Is not signing this form I certify that I have p +vided the City l half e Property Owner(s); and the Informatio i is accurate. er or Agent's Signature Gilbert M. Piette as o orpus Christi with a complete application for review; that I am authorized to iry±jate this rezoning Owner or Agent's Printed Name Applicant's Ignature Gilbert M. Piette Applicant's Printed Name Office Use Only: Date.,Receivedr 3/11/16 Received By: BKP _ Rezoning Fee: 1692.50 +,FUD Fee 0 _ + Sjgn.Fee ADP: SE 10 no =Total Fee 1702.50 No. Signs Required 1 @$1sigrl SigniPosting.lte: IMEVELOPMENTSVC8ISHAREDILAND DEVELOPMENT APPLICATION FORMS REZONING'ZONIMG APPLICATION 2015.0OC Forth Revised 5/1212015 APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for mc, as my agent in this request. Name of Agent: TG110 Samuel Place, LP Mailing Address: 8610 N. New Braunfels, Suite 500 City: San Antonio Statc: TX zip: 78217 Home Phone: ( } Business Phone: ( 210 ) 821-4300 Cell: ( I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and mlcases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on mc. 1 understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my ugent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application arc part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. if my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment o, : :If of the entity, and every reference herein to 'T', "my", or "nic" is a ref•rencce entity. *Signature of Agent: Executive Director of Title:cole member PrintedTIyped Name of Agent: Gilbert M. Piette/TG 100 Samuel Place, LP *Signature of Property Owner: Date: Title: President 3/(of(C Printed/Typed Name of Property Owner: Caro° aylor Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printedlryped Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.B own APPOINTMENT OF AGt':NT2-19.09.ctoc APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: TG110 Samuel Place, LP Mailing Address: 8610 N. New Braunfels, Suite 500 City: San AntonioState: TX Zip: 78217 Home Phone: ( 1 Business Phone: f 210 ) 821-4300 Cell: ( ) I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, l fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf, grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a felly authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. J understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other Iegal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: Printed/Typed Name of Agent: Gilbert M. Piette/TG 110 Samuel Place, LP Executive Director of Title: °ole member Date: *Signature of Property Owner: 1'ilie; Executive Director Printed/Typed Name of Property Owner: Gilbert M. Piette/TG 110, Inc. Date: %f6 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.DrotrnAPPO1NTMENr OF AGENr2-19-49.doc DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires ail 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: TG110 Samuel Place, LP / 8610 N. New Braunfels, Suite 500 STREET: See above CITY_ San Antonio ZIP: 78217 FIRM is: ()Corporation °Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 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 N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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: Gilbert M. Piette Title: Expr t i vP ni rert-nr (Print Name) Signature of Certifying Person:`� Date: �� 9 Y 9 .r� ---//(r-6. KIDEVELOPMENTSVCS\SIIAREDILAND DEVELOPMENT APPLICATION FORMStREZON.NGtDtSC; °SURE OF INTERESTS STATEMENT 6.12.2915 DOC 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. Reconstruction of the existing 60 affordable units to make more modern and efficient. # of Existing Bldgs. 7 # of Proposed Bldgs. 6 # of Existing Units 60 ## of Proposed Units 60 Sq. Ft. Existing Bldgs. unknown Sq. Ft. Proposed Bldgs. 69,068 Bldg Ht Existing 18 Bldg Ht Proposed 2 story 19'.6 - 3 story 30' J Parking Spaces Existing 125 Parking Spaces Proposed 152 Phase schedule of Dev. 1 Phase # of employees 5 employees Hours of Operations 2417 Office Hours 9-6 Mon. -Fri. 2. Identify the existing land uses adjoining the area of request: North - Single Family South - Single Family East - Street then Single Family West - Single Family CUSERSITANYAR.DOQIOESKTOPIOAI_Y USE ANNIKALLANDUSE STATEMENT FOR ZONING.DOC 1 WYIV.L WLk�L• P i.•.-<'X1:I 4W .aI .1...... -• 1 ' t ,i� -?_ 1. i r 1�-7 4 t r { 1i * - '• I , w P. �1 4.o 1'' .{i .l iI n' 111 y;Plat i #ii 1 1Ir i ITij 1i11.1';1 ,111 11 11 -i S.� -$ - �i _ rat,r 1 1 .4 _. __ ii L. -- ,~ �Ji 1�� � '-Ci •�J 1_±�� , 111 E4 1 . L j L_ lJTJ. 1 E . I=.L.1l1I-',,r_•' at -ILL ii Y� a • .. Oa . r S• /l i I : CL B 11 ;rrr-1t;;/ iii ;1 3111 ,1• CR,),S3 LAY r E,-GTA1.NITS 15I PARKING SCRCES :27RE3LARED SPACES i J J J 4'52ACRE SITE <1 U Oe Samuel Place Apartments Corpus Christi, Texas SP -1 Y I 1 OF:A .i .r-a.Tta:. ' _ 1 1 ._ 5." 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II SCAII IM 1110 M�eso)a 1.01:...0 N4 .•J. ; • .014 antra Pre+5O Tr..; ' art•4.2110 ....a" a 1sT 41 rtP[a..0. /010404 tae 0010. 001+1.. e, 410.2. ..0004 .afaesr.. a 4 Ic 20001.,. tL .6..luaak ,111.1 omen. •11.1 10 i0 fel STATE 0f TEXAS MIMES OF MIIECE5 1. -Soria u t. , hereby certify that 1 as the owner .1 the lands r LraZed venue the Inundator., o f the feeeloIng map. that t have had said land surveyed rad subdivided as shown, that all .n ate deli cared to the publlc use fa ; that eeeeee011 an shown ▪ e dedicated to the publlc for the onatallat ion, open tion. and use of public utilities. and that thy fa/eye-fly n ap vas wadef•, the purpose of del./0.1144 and dedication. This the At day of .dt.•ut4Al„y . 1940. STATE CIF TEXAS COUNTY OF OUNCES 1EFOIE ME. the under,..,,.. aU thnrlty, on 1410 day pver,enatas appeared trawl to -e to be the peeeeeename ,s'subtorfbdI to the foregoing iarnueent el .01110gend .csno•lydced 1a me that he ...led the same ter the rarroses and ken sideratinns therein Cep d and 1n the cep.cltr 01.1.4. 4L ArVarzik GIVEN derty hand and seal 01 10... hls the • Ksa 4u.r fcti ra PLAT OF BLOCK C CARROLLTON ANNEX -3 011044 a CEPL4T OF BLOCKS 416 ccC.aot0L000 .1 VOLur.G rt PaGE 2r MAPµ 1' ttCORO, 00 eeuICCS 2411.21.1 =Cry eeeee 01 nen 01001 of ■01Ct* t 1. l.t.ee C. Orb.. 44 eeebred 70.1.01/e.a1 1. l Mtrtr 1.11110 ch. she Isere 1.1 Cap was prrp.lrt 1r.+ .ede1 .y 11 ...,1.. a.1 es tree .ed to hat 1 0.•e IV H1 .tl ler and 111.b reraer..s she.a h d 1.1 .110•.. 4.1.1. •Ia nf 1. lar L3 day •_. 1. y7_. ter 00147 01C1n11111C, eels wadew the 041• under rea moles• 1.10 .anaI lees 'TAIL 00 treat 010001 OF .utCu W r C. Ort. Th1e lint plat el the hrreln dnrllbed preps., nos ' she Oepel.r.t .1 1.0*..., l•t sad 04sieat 0..11.peane Chrlal1, tea.I. 711. the 4.p .1f..Ft. "IG-_ • 00411 01 11.100 [WILT OF 011114 No 11101 . 01.00.4 by 14. 111.1.0 e t ehe City el fsp ryes ie 1111 Ileal plat of t4 01101. dn.,1 bed prepare, u arrred b1 ehe Mendes C..1.1. .110.0 Clay el Cerp.. Orr1,r1. T... ; n.r1d.Jee . 0..1..0. 100. almond 1411 0t 1.1.114 and ..11 ....1ne Ole plat to 1fled .410 the C•eelr Clerk 14101. tt• CO ..nus Ten rt. iea day etli%E,..kkp 11 74. STALL 01 21110 001411 Of 411111 �ilJ -4 4 80-042 I, Natl. 0.011.1.0, 11.1k el the Canny C..rt 1. and ler 0.1d C....{{1. Y 001110is 14On t e 1.1.1.1.4 loam..,•.. 1.4.4 elm 4 _ 44p el FSCrY 00 1140 lea ctifiel10 0 a.th.nel flied la ay •11101 the �dap el ��R/yllt•arf, it, 11 J' t ,Q1•eteck m. u duly reesed04 e4 Js_ der el QlAre& le "Cr.:e'.('rarz .0.1..4 �.... le td Cern 0u tat. _/5l ...4 Abd haat 44041.%1. 0...... my band and 0.41 of the Ce..ry Caere. l0 end 1. sold party. 11 .1110. 1e Carpus 0• . 1...u. the day and Har net mettles. .._./7Q _401_ inar4 L1.• 11 p0_ Ari D IL _UCLA 110,- Mr/.e WI.11y.r. Gwty Clerk, pee Ceee1y, le -as ly: - Onion r.hlIngee C1.rk Co.•tp C••rr lawns County. TCC, {//1, ioLlegeti 0.p.ty Dr' may RSURBAN ENGIMEERiRG 011Tt0.0.111 xau r -100. Jp6 NO. 99111 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencibn de asistir a esta junta v aue recuieren servicios especiales, se les suolica cue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la junta v su irides es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carroiiton Annex 3, Block C, located on the West side of Carroll Lane between Copus Street and Houston Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 6, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: (, Address:/ / ( City/State: Ci } N g) IN FAVOR ( ) IN OPPOSITION Phone: 3 G I--V6,-71st REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 16-10000006 Signature Case No. 0316-05 Project Manager Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, nue tienen la intenci6n de asistir a este iuntay aue reauieren servicios especiales, se les suolica aue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al ni mero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Ia commission durante la iunta v su inales es limitedo, favor de Ilamar al departamento de servicios de desarrollo al nimero (361) 826-3240 al menos 48 horas antes de Ia lunta_para solicitar un interorete ser nresente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 6, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: %/GA/S"Y G/91Q Address: 35I C€,%'S ( ) IN FAVOR (ON OPPOSITION REASON: � s opC 771�ti��; SEE MAP ON REVERSE %IDE Property Owner ID. 22 HTE# 16-10000006 City/State: (:27 Phone: , Wg53 811/7 Case No. 0316-05 Project Manager Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta junta v aue reciuieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a Is commission durante la iunta v su inales es limitado, favor de hamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 6, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: J n/71"N1 rN -6;—A- Address: If3/ 7 emprE City/State: (21)401/1-5 ( ) IN FAVOR IN OPPOSITION Phone: C36)) g53 — t7a 3 REASON: /1b /Ve n FO/2._ Mei< 67 VANDAL; SA/ /6446 /4 isbe re S r SEE MAP ON REVERSE SIDE Property Owner ID: 4, HTE# 16-10000006 Case No. 0316-05 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencion de asistir a este junta v clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0316-05 TG 110 Samuel Place. LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-TF/SP" Two Family District with a Special Permit to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Carrollton Annex 3, Block C, located on the west side of Carroll Lane between Copus Street and Houston Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 6, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: L. t fl-! E K R I P. i~ S • Address: 35 ) 3 CO f u q City/State: ( Pu5 CHH /5 j j r)e'I ( ) IN FAVOR ( ) IN OPPOSITION REASON: MDr S A4 A SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 16-10000006 FID #23 Phone: 34 1.5‘48 - 9 .29 S R, D.. pUM45 ao.Lsz Signature Case No. 0316-05 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Wastewater Collection System Master Plan Amendment for Service Area 5 of the Greenwood Wastewater Master Plan. CAPTION: Ordinance amending the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift station basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to amend the Wastewater Master Plan to provide a more phased approach that will allow wastewater service to be provided in the area around North Padre Island Drive and Old Brownsville Road in a more expeditious manner. BACKGROUND AND FINDINGS: The current Greenwood Wastewater System Master Plan for Service Area 5 requires that a substantial amount of wastewater infrastructure be installed to the southwest of the plan area to develop the property along North Padre Island Drive. The proposed amendment will increase the number of lift stations by two and allow for a more phased approach for development within the Service Area 5 basin. The developer has an approved preliminary plat for 113.58 acres at the southeast corner of North Padre Island Drive and Old Brownsville Road. The developer would construct a majority of the improvements identified within the Old Brownsville Road (FM 665) Lift Station (green) area that would open up 286.20 acres for development. The proposed modification may increase overall costs to construct the system but will provide for immediate development opportunities for the area along North Padre Island Drive. ALTERNATIVES: Denial or alteration of the proposed Wastewater Collection System Master Plan amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed Wastewater Collection System Master Plan amendment conforms to City policy. DEPARTMENTAL CLEARANCES: Wastewater Department Legal Finance Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Fg 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: Planning Commission and Staff recommend approval of the proposed Wastewater Collection System Master Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit Presentation Ordinance amending the Wastewater Collection System Master Plan Greenwood Wastewater Master Plan Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by adding two lift stations, adjusting lift station basin boundaries, and realigning the proposed wastewater collection lines; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, April 20, 2016, regarding amendments to the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, May 10, 2016, regarding amendments to the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by adding two lift stations, adjusting lift station basin boundaries and realigning the proposed wastewater collection line, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, the Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5 is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan Greenwood W.R.P. Service Area, Area 5, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official as required by the City's Charter. 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 Amendment to the Wastewater Collection System Master Plan Greenwood WWTP Service Area 5 City Council Meeting May 10, 2016 Aerial Overview At N Adopted Plan F'1 1=1 WASTEWATER CCP1-1-ECTICPINI SYSTEM 111/1"arrEF2 PLAN GREIENIVVC)CfCt VVVYTF• SERVICE ARE" ARE" 5 EL) EXHIBIT 5" 3 Adopted Plan Proposed Amendment LES E IE - E- EWEPHWEEL: 9EMEE ?+E5 M Proposed Amendment AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 20, 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 and First Reading Ordinance - Revisions to Chapter 14, Article II, Technical Construction Codes CAPTION: Ordinance repealing and reenacting The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Divisions 1-8: Division 1, "Scope and Administration of Technical Construction Codes," Sections 14-201 thru 14-207. Division 2, "Building Code and Existing Building Code," Sections 14-231 thru 14-232. Division 3, "Electrical Code," Section 14-241. Division 4, "Energy Conservation Code," Section 14-251. Division 5, "Fuel Gas Code," Section 14-261. Division 6, "Mechanical Code," Section 14-271. Division 7, "Plumbing Code," Section 14-281. Division 8, "Residential Code," Section 14-291 PURPOSE: The purpose of adopting the 2015 International Building Code family, the 2014 National Electrical Code and Chapter 14, Article II, Technical Construction Code amendments is to recognize new construction materials and methodologies which incorporate the latest design standards to protect public health, safety and welfare. BACKGROUND FINDINGS: Ordinance No. 029343 was adopted on January 10, 2012 establishing the 2009 International Code family and 2008 National Electrical Code and Chapter 14, Article II, Technical Construction Code amendments as the Construction Codes for the City of Corpus Christi. These Codes and amendments do not reflect the latest industry approved materials, methodologies and design standards. The International Code Council and the National Fire Protection Association publish updated Codes on a three-year cycle. The latest published version of the International Code is the 2015 edition. The latest version of the National Electrical Code is the 2014 edition. We propose to skip the 2012 International Code edition and the 2011 National Electrical Code and formally adopt the 2015 International Code family and the 2014 National Electric Code. HB 1736 establishes the 2015 International Energy Code as the State of Texas Energy Code effective September 1, 2016. The bill also states the State Energy Conservation Office may not adopt a new Energy Code more often than every 6 years. Adoption of revised Construction Codes on a three-year cycle imposes challenges for the local Construction Industry as well as City staff. We recommend adopting updated Construction Codes on a six (6) year basis, rather than a three (3) year basis to minimize the challenges associated with Code updates. ALTERNATIVES: Denial or alteration of the proposed adoption of the 2015 International Code family, 2014 National Electrical Code and Chapter 14, Article 11, Technical Construction Code amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed adoption conforms to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital I] 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 2015 International Code family, 2014 National Electrical Code and Chapter 14, Article II, Technical Construction Code amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance repealing and reenacting The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Divisions 1-8: Division 1, "Scope and Administration of Technical Construction Codes," Sections 14-201 thru 14-207. Division 2, "Building Code and Existing Building Code," Sections 14-231 thru 14-232. Division 3, "Electrical Code," Section 14-241. Division 4, "Energy Conservation Code," Section 14-251. Division 5, "Fuel Gas Code," Section 14-261. Division 6, "Mechanical Code," Section 14-271. Division 7, "Plumbing Code," Section 14-281. Division 8, "Residential Code," Section 14-291 WHEREAS, in furtherance of the public health, necessity, convenience, safety and the general welfare of the inhabitants of the City of Central ("City"), the City Council desires to update its ordinances to include the latest versions of the International Building Codes ("Code of Ordinances"); and WHEREAS, copies of said Codes of Ordinances are available in the office of the City Secretary for review and inspection by the public; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Chapter 14 - DEVELOPMENT SERVICES Cross reference— Administration, Ch. 2; beachfront management and construction, Ch. 10; code enforcement, housing and housing premises standards, and neighborhood improvement, Ch. 13; streets and sidewalks, Ch. 49; utilities, Ch. 55; zoning, Ch. 59. ARTICLE I. - RESERVED Secs. 14-1-14-200. - Reserved. ARTICLE II. - CITY OF CORPUS CHRISTI TECHNICAL CONSTRUCTION Editor's note—Ord. No. 029343, § 1, adopted Jan. 10, 2012, repealed the former Art. II, §§ 14-201-14300, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter. See the Code Comparative Table for full derivation. State Law reference— Municipal regulation of housing and other structures, V.T.C.A., Local Government Code § 214.001 et seq.; home rule municipality may require buildings to comply with energy conservation standards, V.T.C.A., Local Government Code § 214.901; municipal authority concerning substandard building, V.T.C.A., Local Government Code § 214.001; additional authority to secure substandard building, V.T.C.A., Local Government Code §§ 214.0011, 214.0015. Page 1 of 89 DIVISION 1. - SCOPE AND ADMINISTRATION OF TECHNICAL CONSTRUCTION CODES Sec. 14-201. - Purpose. 1.1 The purpose of this article is to provide for the scope and administration of the City of Corpus Christi Technical Construction Codes, including the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings. 1.2 The City of Corpus Christi has adopted, with local amendments effective September 1, 2016, the International Code Council (ICC), 2015 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings and the National Fire Prevention Association (NFPA) National Electrical Code, 2014 edition, as the City's Electrical Code, copies of which, authenticated by the signatures of the mayor and city secretary, are made public record by sections 14-231 (Building Code), 14-232 (Existing Building Code), 14-241 (Electrical Code), 14-251 (Energy Conservation Code), 14-261 (Fuel Gas Code), 14271 (Mechanical Code), 14-281 (Plumbing Code), and 14-291 (Residential Code). 1.3 Copies of the adopted codes are on file in the city secretary's office. 1.4 Collectively these codes, as adopted and amended, are known as the City of Corpus Christi Technical Construction Codes, and are known individually as the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings. Sec. 14-202. - Definitions. As used in this article and the city technical construction codes: Board means the applicable appeal or advisory board appointed by the city council, including the board landmark commission, and zoning board of adjustment, building code board of appeal, electrical advisory board, or mechanical/plumbing advisory board. Building inspector means an individual, designated by the building official as a building inspector, who has proper code certifications from a model code organization. Page 2 of 89 Building official means the person designated by the city manager to administer and enforce the city technical codes. The term also includes an individual designated in writing by the city manager to act on behalf of the building official. Building section means the section of inspections operations charged with responsibility for administration of the city building code and the residential code, except for the electrical, fuel gas, mechanical, and plumbing provisions. Certificate of occupancy means a certificate issued by the building official that authorizes occupancy of a building or structure or portions of a building or structure, for its authorized use, or temporary events. Change of use/occupancy means any change in the use, purpose, or level of activity within any building, or portion thereof that merits a change in application of the requirements of the present building code. City means the territory within the corporate limits of the city, or the legally constituted governing body of the city, its agents, employees, and its officers. Code enforcement official means the employee of the city designated in writing by the city manager to make application for administrative and criminal search warrants under authority of the Texas Code of Criminal Procedure, Article 18.05, as the warrants may be necessary to enforce any provision of the Code of Ordinances of the City of Corpus Christi or other municipal ordinances duly promulgated. Design professional means a registered architect or licensed professional engineer legally registered or licensed under the laws of this state, registered or licensed in this state, and regulating the practice of architecture or engineering. Director of development services means the department head who supervises the building official, the director of planning, and the special services engineer and oversees administration of inspections operations, planning, and special engineering services. Electrical inspector means an individual, designated by the building official as an electrical inspector, who holds a current and valid master electrician license issued pursuant to the Texas Department of License Regulation. Electrical section means the section of inspections operations charged with responsibility for administration of the city electrical code. Electrical system means any electrical wiring system and the appurtenances, apparatus, or equipment used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises for light, heat, power, or signaling purposes. The term includes service entrance conductors, as defined by the National Electrical Code, and any ducts, raceways, or conduits for the reception or protection of wires or conductors. Page 3 of 89 Final inspection means the inspection that is made when the scope of building, electrical, energy conservation, fuel gas, mechanical, and plumbing work on a permit is complete. Floodplain administrator means the person designated in writing by the city manager who is responsible for administration of the city flood hazard prevention code. Fuel gas system means any piping, fixtures, appurtenances, and appliances that supply fuel gas from the fuel gas supply outside the building or premises to an appliance that utilizes fuel gas to produce light, heat, power, refrigeration, or air conditioning; any fuel utilization equipment, including any appliance that utilizes fuel gas to produce light, heat, power, refrigeration, or air conditioning; any equipment that utilizes a fuel gas; and any pipes or ducts used to carry the products of combustion from the fuel utilization equipment to the atmosphere. Inspection operations means the division within the department of development services charged with the responsibility for the administration of the city technical construction codes, and includes any employee of the city, who has been delegated authority to carry out duties relating to the administration of the technical construction codes. Inspector means an employee of the city, designated by the building official, to inspect structures, components, installations, and other work for compliance with the technical construction codes of the city. Licensed installer means a person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed under Chapter 34 of the Texas Water Code. Licensed irrigator means an irrigator who is licensed under Chapter 34 of the Texas Water Code. Licensed plumber means a person who holds a current and valid license issued pursuant to the Texas State Board of Plumbing Examiners, and under the Plumbing License Law. Licensed plumbing inspector means a person who holds a current and valid license issued pursuant to the Texas State Board of Plumbing Examiners and under the Plumbing License Law. Maintenance means the act of keeping in a state of safe operating condition any construction component, structural member, electrical, energy conservation, fuel gas, mechanical, or plumbing system or piece of equipment used inside or outside, attached or connected to any structure or building system by the replacement of components, members, or elements thereof, but may not include additions to, or replacement of any existing system or extension of a structure or system. Page 4 of 89 Mechanical/plumbing section means the section of inspections operations charged with responsibility for administration of the city fuel gas, mechanical, and plumbing codes. Mechanical system means any permanently installed systems used to control environmental conditions, such as the temperature, humidity, cleanliness, and distribution of air and related processes within a building or structure, and includes the equipment or a product in an environmental air conditioning system; hydronic piping systems; a commercial refrigeration system; and special heating systems, such as boilers, cooking equipment, fireplaces, kilns, stoves, furnaces, and dryers. Open -structure means a structure, or appurtenance, which is not enclosed or confined by walls or other barriers on more than fifty (50) per cent of its perimeter, i.e., two (2) sides of its perimeter walls (floor to ceiling), and permits the unobstructed flow of natural environmental air. Plumbing system means the water supply and distribution pipes; plumbing fixtures and traps; water treating or water -using equipment; soil, waste, and vent pipes; sanitary and storm sewers and building drains; and any piping, fixtures, appurtenances, and appliances, including disposal systems, drain or waste pipes, or any combination of these that supply, recirculate, drain, or eliminate water, storm water, fuel gas, medical gasses and vacuum, liquids, and sewage for all personal or domestic purposes in and about buildings where persons live, work, or assemble; connect buildings and structures with the source of water, gas, or other liquid supply, or combinations of these, on the premises, or the utility supply mains on public property; and carry waste water, sewage, or storm water from or within a building to the sewer service lateral or storm water system on public property or the disposal or septic terminal that holds private or domestic sewage. Service system means any electrical, energy conservation, fuel gas, mechanical, or plumbing system. Temporary or conditional certificate of occupancy means a certificate that authorizes temporary or conditional occupancy of an entire building or only those portions of a building that can be safely occupied prior to final completion and full occupancy of the building. A temporary certificate of occupancy may also be issued for temporary events or temporary structures that will be removed after a specified time. Sec. 14-203. - Damage to city infrastructure. 1.1 Every contractor and owner, who makes, contracts, or causes contracts to be made for the installation or repair of a building, structure, electrical, gas, mechanical, plumbing, or energy conservation system, shall repair or replace any component of the city's utility or street infrastructure that is damaged as a result of such installation or repair. 1.2 Repairs to the city's utility or street infrastructure must be completed to the satisfaction of the city's director of engineering services. Page 5 of 89 (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-204. - Restrictions on employees. An officer or employee connected with inspections operations, except one whose only connection is as a member of an appeal board or advisory committee established by this code, may not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee may not engage in any other work, which is inconsistent with the officers or employee's duties or conflicts with the interests of the division. The City of Corpus Christi Code of Ethics govern the conduct of board members, officers, and employees of the city. (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-205. - Registration (1) Electrical license law. 1.1 Licensing of Electricians and Electrical Contractors is regulated by Title 8, Texas Occupations Code, Chapter 1305 and 16 Texas Administrative Code and Chapter 73 administered by the Texas Department of License Regulation. 1.2 If an application for a permit indicates that the work, or any portion of the work to be done, is required by that law to be performed by a licensed electrician or electrical contractor, then the building official may issue the permit only if the applicant holds the required license and has paid the annual electrical contractor registration fee required by section 14-1313 Technical Construction Codes Fee Schedules. 1.3 The license holder must furnish a certificate of insurance evidencing the insurance coverage required by the Commissioner of Licensing and Regulations under Section 1302.102, Texas Occupations Code. 1.3.1 The insurance coverage must include a provision that in the event the coverage is canceled or reduced the insurance carrier will notify the inspections operations of the city at least ten (10) days prior to the cancellation or reduction in coverage. 1.3.2 A permit holder's permit may be suspended during any period in which the permit holder fails to maintain the required insurance coverage in effect. 1.4 Affidavit. A person licensed as an electrician or electrical contractor by the State of Texas may file an affidavit with inspections operations Page 6 of 89 authorizing a designated agent to apply for and receive permits in the person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the agent. (2) Mechanical license law. 2.1 Licensing of mechanical contractors is regulated by the Air Conditioning and Refrigeration Contractor License Law, Chapter 1302, Texas Occupations Code. 2.2 If an application for a permit indicates that the work, or any portion of the work to be done, is required by that law to be performed by a licensed mechanical contractor, then the building official may issue the permit only if the applicant holds the required license and has paid the annual mechanical contractor registration fee required by section 14-1313 Technical Construction Codes Fee Schedules. 2.3 The license holder must furnish building operations with a certificate of insurance evidencing the insurance coverage required by the Commissioner of Licensing and Regulations under Section 1302.102, Texas Occupations Code. 2.3.1 The insurance coverage must include a provision that in the event the coverage is canceled or reduced the insurance carrier will notify the inspections operations of the city at least ten (10) days prior to the cancellation or reduction in coverage. 2.3.2 A permit holder's permit may be suspended during any period in which the permit holder fails to maintain the required insurance coverage in effect. 2.4 Affidavit. A person licensed as a mechanical contractor by the State of Texas may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the agent. (3) Plumbers license law. 3.1 Licensing of plumbers is regulated by "The Plumbing License Law", Chapter 1301 of the Texas Occupations Code. 3.2 If an application for a permit indicates that the work, or any portion of the work to be done, is required by the law to be performed by a licensed plumber, then the building official may issue the permit only if the applicant holds the required license. Page 7 of 89 3.3 Licensing of irrigators is regulated by Chapter 1903, Texas Occupations Code. 3.4 If an application for a permit indicates that the work to be done is required by the law to be performed by a licensed irrigator, then the building official may issue the permit only if the applicant holds the required license. 3.5 Agents. A person licensed by the state as an irrigator or as a master plumber may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the licensed person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the agent. (4) Contractor Registration 4.1 All Contractors, including, but not limited to building, roofing and pool contractors are required to register with the City prior to the issuance of a permit. 4.2 If an application for a permit indicates work, or any portion of the work to be done, is being perform by a Contractor, then the Building Official will issue the permit only if the applicant holds the appropriate city registration. 4.3 Agents. A person registered by the city as a Contractor may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the registered person's behalf, and affirming that the registered assumes all responsibility for any permit obtained by the agent. (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-206. - Technical construction boards. (1) Building code board of appeals. 1.1 Appointment. There is hereby established the building code board of appeals which shall consist of seven (7) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official. 1.2 Membership and terms. 1.2.1 Membership. The building code board of appeals shall be composed of one (1) architect, one (1) general contractor, one (1) Page 8 of 89 engineer, three (3) members at -large from the building industry, and one (1) member not connected with the building industry. 1.2.2 Terms. Members shall be appointed for terms of four (4) years. All new appointments of members shall be for a term of two (2) years. Terms shall be staggered, so that no more than three (3) terms expire in any calendar year. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Absence of any member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. 1.2.3 Quorum and voting. Four (4) members of the board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than four (4) affirmative votes, are required. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. 1.2.4 Secretary of the board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board proceedings which shall set forth the board's reasons for a decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the board shall be maintained in the offices of the inspection division. 1.3 Powers. The building code board of appeals shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction and consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the building code board of appeals shall have the power, after having obtained public comment, to recommend to the city council changes to the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. 1.4 Appeals of decision of the building official. 1.4.1 Right to appeal. The owner of a building or structure or his duly authorized agent may appeal the decision of the building official to Page 9 of 89 the building code board of appeals whenever one (1) of the following conditions are claimed to exist: 1.4.1.1 The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure. 1.4.1.2 The provisions of the code do not apply to the specific case. 1.4.1.3 That an equally good or more desirable form of construction can be employed in the specific case. 1.4.1.4 The true intent and meaning of this code or any regulation thereunder have been misconstrued or incorrectly interpreted. 1.4.2 Notice of appeal. Notice of appeal shall be in writing and filed within ninety (90) days after the decision is rendered by the building official. Appeals shall be on a form provided by the building official. An application fee shall accompany the notice of appeal. 1.4.3 Unsafe or dangerous buildings or service systems. In the case of a building or structure which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for an appeal to a shorter period. 1.4.4 Authority to grant variance. The building code board of appeals, when so appealed to and after a hearing, may vary the application of any provision of the City Building Code or Flood Hazard Prevention Code to any particular case when, in the board's opinion, enforcement thereof would do manifest injustice and be contrary to the spirit and purpose of these codes or the public interest or when, in the board's opinion, the interpretation of the provision's application by the building official should be modified or reversed. In varying such application, the board must find all of the following: 1.4.5 That special conditions and circumstances exist which are peculiar to the building, structure, or service system involved and not applicable to others. 1.4.5.1 That such special conditions and circumstances do not result from the action or inaction of the applicant. Page 10 of 89 1.4.5.2 That granting the variance request will not confer upon the applicant any special privilege that is denied by the Building Code or Flood Hazard Prevention Code to others. 1.4.5.3 That the variance granted is the minimum variance that will make possible reasonable use of the building, structure, or service system. 1.4.5.4 That the granting of the variance request will be in harmony with the general intent and purpose of the City Building Code or Flood Hazard Prevention Code and not detrimental to the public health, safety, and general welfare. 1.4.6 Conditions of the variance. In granting the variance request, the board may prescribe a reasonable time limit within which the action for which the variance is granted shall be commenced or completed or both. The board may also prescribe appropriate conditions and safeguards in conformity with the City Building Code or Flood Hazard Prevention Code. A violation of any such condition constitutes a violation of this code. 1.5 Procedures of the board. 1.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. 1.5.2 Organization. The board shall elect a chairman and vice chairman during the first meeting of each calendar year. Members elected chairman and vice chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of chairman or vice chairman, the board shall elect a replacement to serve out the unfilled term. 1.5.3 Frequency of meetings. The board shall hold a regular meeting at least once each calendar quarter on the third Thursday of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. 1.5.4 Decisions. 1.5.4.1 The building code board of appeals shall in every case reach a decision without unreasonable or unnecessary delay. Page 11 of 89 1.5.4.2 A decision of the building code board of appeals to vary the application of any provision of the City Building Code or Flood Hazard Prevention Code or modify an order of the building official shall specify in what manner such variation or modification is made, any conditions upon which it is made, and the reasons therefor. 1.5.5 Appeal to city council. The building official and the person requesting a decision from the board may appeal a decision of the building code board of appeals to the city council; provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty-one (31) days. 1.6 Suspension or revocation of registrations. 1.6.1 Authority of Building Code Board of Appeal. The board may suspend or revoke the registration of any Contractor, who after a hearing, is found guilty of: 1.6.1.1 Using fraud or deceit to obtain a building or roofing contractors' registration. 1.6.1.2 Any gross negligence, incompetency, or misconduct in the performance of contracted work within the jurisdiction of the city. 1.6.2 Filing complaints. 1.6.2.1 Any person who has been aggrieved by the action of a Contractor in the performance of work for which a building permit is required by this article or the city's building code may file a complaint with the Building Official. 1.6.2.2 Any officer or employee of the city, who is aware of any facts that would indicate that a Contractor, who holds a registration issued by the city, has knowingly and intentionally violated any provisions of this article or the city's building code must file a complaint with the Building Official. 1.6.2.3 The compliant must be in writing and sworn to by an official authorized to administer an oath. 1.6.2.4 The complaint must state the facts that could support a finding that a Contractor has knowingly and intentionally violated any provisions of this article or the city's building Page 12 of 89 code, or that a Contractor has performed work in an incompetent or negligent manner. 1.6.3 Review of grievances. 1.6.3.1 It is the responsibility of the Building Official to review and investigate complaints and grievances. 1.6.3.2 If the Building Official determines that a complaint or grievance has merit and the board should conduct a hearing to determine whether a Contractors' registration should be revoked or suspended, the Building Official may refer the grievance or complaint to the board. 1.6.4 Board hearing. 1.6.4.1 Upon receipt of a recommendation from the Building Official that the board conduct a hearing to determine whether to revoke or suspend a Contractors' registration, if the board deems the complaint or grievance sufficient to support further action on its part, will set a public hearing on the complaint or grievance at a specified time and place. 1.6.4.2 The secretary of the board, with the advice of the city attorney, will cause a copy of the board's order and of the information to be served upon the Contractor by certified mail at least thirty (30) days before the hearing date. 1.6.4.3 The registered Contractor may appear in person or by counsel at the hearing. 1.6.4.4 The city attorney, as directed by the city manager, will provide counsel for the board. 1.6.4.5 If the Contractor fails or refuses to appear, the board may proceed to hear and determine the charge in the Contractors' absence. 1.6.4.6 If the registered Contractor confirms the allegations, or if, upon a hearing of the complaint or grievance, the board determines the complaint or grievance to be true, it may suspend or revoke the registration. 1.6.4.7 Upon completion of its hearing, the board shall file its findings and recommendations with the city secretary. The city secretary will provide a copy of the board's Page 13 of 89 decision and the record of the proceedings to the city council. 1.6.4.8 The board's secretary shall also forward a certified copy of the board's findings to the Contractor. 1.6.5 Suspension of a registration. 1.6.5.1 In the event of a decision to suspend the Contractors' registration, the board must specify: 1.6.5.2 The length of the suspension, for a period not to exceed one (1) year. 1.6.5.3 The Building Official will reissue the Contractors' registration at the end of the suspension period upon payment of any required fees. 1.6.5.4 The notice of the suspension and reinstatement of the Contractors' registration will be filed in the Contractors' record. A copy will be provided to the Contractor. 1.6.6 Revocation of registration. 1.6.6.1 In the event a decision to revoke the Contractors' registration, the board must specify: 1.6.6.2 The length of time before the Contractor may apply for a new registration or when the applicant will be allowed to reapply for the revoked registration. The period must be at least one (1) year, but not more than three (3) years. 1.6.6.3 The notice of the revocation of the Contractors' registration will be filed in the Contractors' record. A copy will be provided to the Contractor. 1.6.6.4 After the minimum length of time, the Contractor may reapply for the registration that was revoked. 1.6.7 Appeal to city council. 1.6.7.1 A Contractor, whose registration has been revoked or suspended by the board, may appeal the revocation or suspension to the city council within thirty (30) days of the board's findings. Page 14 of 89 1.6.7.2 The appeal must be filed with the city secretary, and state the reasons the board's decision should be modified or reversed. 1.6.7.3 The city secretary will: 1.6.7.3.1 Schedule the hearing before the city council. 1.6.7.3.2 Notify the Contractor of the time and date of the hearing. The notice must be given to the Contractor by certified mail at least five (5) days prior to the date the hearing. 1.6.7.3.3 Provide a copy of the proceedings before the board to the city council. 1.6.7.3.4 The hearing will be based on the record of the board's hearing. 1.6.7.3.5 After the hearing on the appeal, the city council may uphold, amend, or set aside the findings of the board. 1.6.7.3.6 Violation of order. It is unlawful for any person, firm or corporation whose rights under a registration have been suspended or revoked by the city council to engage in or do contracted work. (2) Electrical advisory board. 2.1 Appointment. There is hereby established the electrical advisory board which shall consist of ten (10) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official. 2.2 Membership and terms. 2.2.1 Membership. Persons who serve on the electrical advisory board as members shall be qualified as follows: 2.2.1.1 Two (2) persons, each of whom shall have at least five (5) years of active experience as a master electrician. 2.2.1.2 One (1) person who shall have at least five (5) years of active experience as a journeyman electrician. Page 15 of 89 2.2.1.3 Two (2) engineers, one (1) of whom shall have a bachelor of science degree in electrical engineering and a minimum of five (5) years of experience in the practice of electrical engineering. Preference for appointment may be given to professional engineers licensed in the State of Texas. 2.2.1.4 One (1) person who shall have at least five (5) years of experience in the commercial building industry. 2.2.1.5 One (1) person who shall have at least five (5) years of experience in the home building industry. 2.2.1.6 One (1) person who is a resident of the city and not connected with the electrical industry. 2.2.1.7 One (1) person who shall be a field representative from a utility power distribution company that services the Corpus Christi area and have had at least five (5) years of experience. 2.2.1.8 One (1) person who shall have at least five (5) years of experience in the electrical supply business. 2.2.2 Terms. Members shall be appointed for staggered terms of two (2) years. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Absence of a member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. 2.2.3 Quorum and voting. Six (6) members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring vote of not less than six (6) board members is necessary to constitute an official board action. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. 2.2.4 Secretary of board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board proceedings which sets forth the reasons for any board decision, each member's vote, any member's absence, and any failure of a member to vote. A Page 16 of 89 record of all business conducted by the board shall be maintained in the offices of the inspection division. 2.3 Powers. The electrical advisory board shall review grievances filed against any registered electrical contractor and other grievances filed within the scope of the City Electrical Code and concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective. Furthermore, the electrical advisory board shall have the power, after having obtained public comment, to recommend to the city council changes to the City Electrical Code. 2.3.1 Appeals of rulings and decisions regarding alternative materials and methods of construction. Both the building official and the electrical advisory board must concur with a proposed alternative material, alternative method of construction, or technical ruling prior to such alternative or ruling becoming effective. An appellant may appeal a decision of the building official or the electrical advisory board to the city council. The building official may appeal a decision of the electrical advisory board to the city council. 2.3.2 Notice of appeal. Notice of appeal shall be in writing and filed within ninety (90) calendar days after the decision is rendered. 2.3.3 Unsafe or dangerous buildings or service systems. In the case of a building, structure, or service system which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for an appeal to a shorter period. 2.4 Procedures of the board. 2.4.1 Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. 2.4.2 Organization. The board shall elect a chairman and vice chairman during the first meeting of each calendar year. Members elected chairman and vice chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of chairman or vice chairman, the board shall elect a replacement to serve out the unfilled term in the same manner as the chairman and vice chairman were elected. 2.4.3 Frequency of meetings. The board shall hold a regular meeting at least once each calendar quarter on the third Thursday of the Page 17 of 89 month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. 2.4.4 Decisions. The electrical advisory board shall in every case reach a decision without unreasonable or unnecessary delay. 2.5 Appeal to city council. The building official and the person requesting a decision from the board may appeal a decision of the electrical advisory board to the city council; provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty-one (31) days. 2.6 Suspension or revocation of registrations. 2.6.1 Authority of electrical advisory board. The board may suspend or revoke the registration of any electrician, who after a hearing, is found guilty of: 2.6.1.1 Using fraud or deceit to obtain an electrician's registration. 2.6.1.2 Taking out electrical permits in the name of some person, firm or corporation authorized by law to do electrical work and then permitting a person without a proper license to do the work. 2.6.1.3 Any gross negligence, incompetency, or misconduct in the performance of electrical work within the jurisdiction of the city. 2.6.2 Filing complaints. 2.6.2.1 Any person who has been aggrieved by the action of an electrician in the performance of electrical work for which an electrical permit is required by this article or the city's electrical code may file a complaint with the Building Official. 2.6.2.2 Any officer or employee of the city, who is aware of any facts that would indicate that an electrician, who holds a registration issued by the city, has knowingly and intentionally violated any provisions of this article or the city's electrical code must file a complaint with the Building Official. Page 18 of 89 2.6.2.3 The compliant must be in writing and sworn to by an official authorized to administer an oath. 2.6.2.4 The complaint must state the facts that could support a finding that an electrician has knowingly and intentionally violated any provisions of this article or the city's electrical code, or that an electrician has performed electrical work in an incompetent or negligent manner. 2.6.3 Review of grievances. 2.6.3.1 It is the responsibility of the Building Official to review and investigate complaints and grievances. 2.6.3.2 If the Building Official determines that a complaint or grievance has merit and the board should conduct a hearing to determine whether an electrician's registration should be revoked or suspended, the Building Official may refer the grievance or complaint to the board. 2.6.4 Board hearing. 2.6.4.1 Upon receipt of a recommendation from the Building Official that the board conduct a hearing to determine whether to revoke or suspend an electrician's registration, if the board deems the complaint or grievance sufficient to support further action on its part, will set a public hearing on the complaint or grievance at a specified time and place. 2.6.4.2 The secretary of the board, with the advice of the city attorney, will cause a copy of the board's order and of the information to be served upon the electrician by certified mail at least thirty (30) days before the hearing date. 2.6.4.3 The electrician may appear in person or by counsel at the hearing. 2.6.4.4 The city attorney, as directed by the city manager, will provide counsel for the board. 2.6.4.5 If the electrician fails or refuses to appear, the board may proceed to hear and determine the charge in the electrician's absence. Page 19 of 89 2.6.4.6 If the registered electrician confirms the allegations, or if, upon a hearing of the complaint or grievance, the board determines the complaint or grievance to be true, it may suspend or revoke the registration. 2.6.4.7 Upon completion of its hearing, the board shall file its findings and recommendations with the city secretary. The city secretary will provide a copy of the board's decision and the record of the proceedings to the city council. 2.6.4.8 The board's secretary shall also forward a certified copy of the board's findings to the electrician. 2.6.5 Suspension of a registration. 2.6.5.1 In the event of a decision to suspend the electrician's registration, the board must specify: 2.6.5.1.1 The length of the suspension, for a period not to exceed one (1) year. 2.6.5.1.2 The Building Official will reissue the electrician's registration at the end of the suspension period upon payment of any required fees. 2.6.5.1.3 The notice of the suspension and reinstatement of the electrician's registration will be filed in the electrician's record. A copy will be provided to the electrician. 2.6.6 Revocation of registration. 2.6.6.1 In the event a decision to revoke the electrician's registration, the board must specify: 2.6.6.1.1 The length of time before the electrician may apply for a new registration or when the applicant will be allowed to reapply for the revoked registration. The period must be at least one (1) year, but not more than three (3) years. 2.6.6.1.2 The notice of the revocation of the electrician's registration will be filed in the Page 20 of 89 electrician's record. A copy will be provided to the electrician. 2.6.6.1.3 After the minimum length of time, the electrician may reapply for the registration that was revoked. 2.6.7 Appeal to city council. 2.6.7.1 An electrician, whose registration has been revoked or suspended by the board, may appeal the revocation or suspension to the city council within thirty (30) days of the board's findings. 2.6.7.2 The appeal must be filed with the city secretary, and state the reasons the board's decision should be modified or reversed. 2.6.7.3 The city secretary will: 2.6.7.3.1 Schedule the hearing before the city council. 2.6.7.3.2 Notify the electrician of the time and date of the hearing. The notice must be given to the electrician by certified mail at least five (5) days prior to the date the hearing. 2.6.7.3.3 Provide a copy of the proceedings before the board to the city council. 2.6.7.3.4 The hearing will be based on the record of the board's hearing. 2.6.7.3.5 After the hearing on the appeal, the city council may uphold, amend, or set aside the findings of the board. 2.6.7.3.6 Violation of order. It is unlawful for any person, firm or corporation whose rights under a registration have been suspended or revoked by the city council to engage in or do electrical work. (3) Mechanical/plumbing advisory board. 3.1 Appointment. There is hereby established the mechanical/plumbing advisory board which shall consist of eleven (11) members. The board Page 21 of 89 shall be appointed by the city council. This board shall have the guidance and assistance of the building official. 3.2 Membership and terms. 3.2.1 Membership. Persons who serve on the mechanical/ plumbing advisory board as members shall be qualified as follows: 3.2.1.1 Three (3) persons, each of whom shall have at least five (5) years of active experience as a plumber, at least three (3) years of which shall have been in Corpus Christi; At least two (2) of these persons shall be or have been licensed as master plumbers. Preference for appointment may be given to plumbers licensed in the State of Texas and currently active in the plumbing trade. 3.2.1.2 One (1) person who shall have at least five (5) years of active experience as a mechanical engineer. Preference for appointment may be given to professional engineers licensed in the State of Texas. 3.2.1.3 One (1) person who shall have at least five (5) years of experience in the home building industry. 3.2.1.4 One (1) person who shall have at least five (5) years of experience in the commercial building industry. 3.2.1.5 Three (3) persons, each of whom shall have at least five (5) years of active experience in the heating, ventilation, air conditioning, and refrigeration contracting business. Preference for appointment may be given to persons licensed in the State of Texas in heating, ventilation, air conditioning, and refrigeration contracting (HVAC). 3.2.1.6 One (1) person who shall have at least five (5) years of active experience in landscape irrigation. Preference for appointment may be given to irrigators licensed in the State of Texas. 3.2.1.7 One (1) person not connected with the building industry. 3.2.2 Terms. Members shall be appointed for terms of two (2) years. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled Page 22 of 89 for an unexpired term in the same manner in which original appointments are required to be made. Absence of a member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. 3.2.3 Quorum and voting. Six (6) members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring vote of not less than six (6) board members shall be necessary to constitute an official action of the board. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. 3.2.4 Secretary of board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board proceedings which shall set forth the reasons for any board decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the board shall be maintained in the offices of the building inspection division. 3.3 Powers. 3.3.1 Advice and recommendations. The mechanical/plumbing advisory board shall advise the city manager regarding any matter in the mechanical, plumbing, and irrigation fields that it considers should be brought to the attention of the city council. Furthermore, the mechanical/plumbing advisory board shall have the power, after having obtained public comment, to recommend to the city council changes to the City Fuel Gas, Mechanical, and Plumbing Codes. 3.3.2 Alternate materials. The mechanical/plumbing advisory board may concur with a proposed alternative material, alternative method of construction, or technical ruling. Both the building official and the mechanical/plumbing advisory board must concur with a proposed alternative material, alternative method of construction, or technical ruling prior to such alternative or ruling becoming effective. In no case may the board concur with an alternative material, alternative method of construction, or technical ruling that is contrary to or does not meet or exceed the standards set by the technical construction codes as adopted by the city council. 3.3.3 Appeals. The mechanical/plumbing advisory board shall rule on appeals within the scope of the fuel gas, mechanical, and plumbing codes. Page 23 of 89 3.3.3.1 Notice of appeal. Notice of appeal shall be in writing and filed within ninety (90) calendar days after the decision is rendered by the building official. An appeal shall be made on a form provided by the building official. 3.3.3.2 Unsafe or dangerous buildings or service systems. In the case of a building, structure, or service system which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for appeals to a shorter period. 3.3.4 Grievances. The mechanical/plumbing advisory board shall review grievances within the scope of the fuel gas, mechanical, and plumbing codes. 3.4 Procedures of the board. 3.4.1 Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. 3.4.2 Organization. The board shall elect a chairman and vice chairman during the first meeting of each calendar year. Members elected chairman and vice chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of chairman or vice chairman, the board shall elect a replacement to serve out the unfilled term. 3.4.3 Frequency of meetings. The board shall hold a regular meeting at least once each calendar quarter on the second Thursday of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. 3.4.4 Decisions. 3.4.4.1 The mechanical/plumbing advisory board shall in every case reach a decision without unreasonable or unnecessary delay. 3.4.4.2 A decision of the mechanical/plumbing advisory board to modify an order of the building official shall specify in what manner such modification is made, the condition upon which it is made, and the reasons thereof. Page 24 of 89 3.4.5 Interpretations. The board, when so appealed to and after a hearing, may render an interpretation of this code, decide that a provision of this code does not apply, approve or modify a request for an alternative method of construction or material submitted by the applicant for concurrence, or refuse an applicant's request. 3.5 Appeal to city council. The building official and the person requesting a decision from the board may appeal the decision of the mechanical/plumbing advisory board to the city council; provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty one (31) days. 3.5.1 The applicant has the right to appeal a decision of the building official or the mechanical/plumbing advisory board to the city council. 3.5.2 The building official has the right to appeal a decision of the mechanical/plumbing advisory board to the city council. 3.6 Suspension or revocation of registrations. 3.6.1 Authority of Mechanical Plumbing Advisory Board. The board may suspend or revoke the registration of any mechanical or plumbing contractor, who after a hearing, is found guilty of: 3.6.1.1 Using fraud or deceit to obtain a mechanical or plumbing registration. 3.6.1.2 Taking out mechanical/plumbing permits in the name of some person, firm or corporation authorized by law to do mechanical/plumbing work and then permitting a person without a proper license to do the work. 3.6.1.3 Any gross negligence, incompetency, or misconduct in the performance of mechanical or plumbing work within the jurisdiction of the city. 3.6.2 Filing complaints. 3.6.2.1 Any person who has been aggrieved by the action of a mechanical or plumbing contractor in the performance of work for which a mechanical or plumbing permit is required by this article or the city's mechanical, plumbing or fuel gas code may file a complaint with the Building Official. Page 25 of 89 3.6.2.2 Any officer or employee of the city, who is aware of any facts that would indicate that a mechanical or plumbing contractor, who holds a registration issued by the city, has knowingly and intentionally violated any provisions of this article or the city's mechanical, plumbing or fuel gas code must file a complaint with the Building Official. 3.6.2.3 The compliant must be in writing and sworn to by an official authorized to administer an oath. 3.6.2.4 The complaint must state the facts that could support a finding that a mechanical or plumbing contractor has knowingly and intentionally violated any provisions of this article or the city's mechanical, plumbing or fuel gas code, or that a mechanical or plumbing contractor has performed building work in an incompetent or negligent manner. 3.6.3 Review of grievances. 3.6.3.1 It is the responsibility of the Building Official to review and investigate complaints and grievances. 3.6.3.2 If the Building Official determines that a complaint or grievance has merit and the board should conduct a hearing to determine whether a mechanical or plumbing contractors' registration should be revoked or suspended, the Building Official may refer the grievance or complaint to the board. 3.6.4 Board hearing. 3.6.4.1 Upon receipt of a recommendation from the Building Official that the board conduct a hearing to determine whether to revoke or suspend a mechanical or plumbing contractors registration, if the board deems the complaint or grievance sufficient to support further action on its part, will set a public hearing on the complaint or grievance at a specified time and place. 3.6.4.2 The secretary of the board, with the advice of the city attorney, will cause a copy of the board's order and of the information to be served upon the mechanical or plumbing contractors by certified mail at least thirty (30) days before the hearing date. Page 26 of 89 3.6.4.3 The registered mechanical or plumbing contractor may appear in person or by counsel at the hearing. 3.6.4.4 The city attorney, as directed by the city manager, will provide counsel for the board. 3.6.4.5 If the mechanical or plumbing contractor fails or refuses to appear, the board may proceed to hear and determine the charge in the mechanical or plumbing contractors' absence. 3.6.4.6 If the registered mechanical or plumbing contractor confirms the allegations, or if, upon a hearing of the complaint or grievance, the board determines the complaint or grievance to be true, it may suspend or revoke the registration. 3.6.4.7 Upon completion of its hearing, the board shall file its findings and recommendations with the city secretary. The city secretary will provide a copy of the board's decision and the record of the proceedings to the city council. 3.6.4.8 The board's secretary shall also forward a certified copy of the board's findings to the mechanical or plumbing contractor. 3.6.5 Suspension of a registration. 3.6.5.1 In the event of a decision to suspend the mechanical or plumbing contractors registration, the board must specify: 3.6.5.1.1 The length of the suspension, for a period not to exceed one (1) year. 3.6.5.1.2 The Building Official will reissue the mechanical or plumbing contractors' registration at the end of the suspension period upon payment of any required fees. 3.6.5.1.3 The notice of the suspension and reinstatement of the mechanical or plumbing contractors' registration will be filed in the mechanical or plumbing contractors' record. A Page 27 of 89 copy will be provided to the mechanical or plumbing contractor. 3.6.6 Revocation of registration. 3.6.6.1 In the event a decision to revoke the mechanical or plumbing contractors, the board must specify: 3.6.6.1.1 The length of time before the mechanical or plumbing contractor may apply for a new registration or when the applicant will be allowed to reapply for the revoked registration. The period must be at least one (1) year, but not more than three (3) years. 3.6.6.1.2 The notice of the revocation of the mechanical or plumbing contractors' registration will be filed in the mechanical or plumbing contractors' record. A copy will be provided to the mechanical or plumbing contractor. 3.6.6.1.3 After the minimum length of time, the mechanical or plumbing contractor may reapply for the registration that was revoked. 3.6.7 Appeal to city council. 3.6.7.1 A mechanical or plumbing contractor, whose registration has been revoked or suspended by the board, may appeal the revocation or suspension to the city council within thirty (30) days of the board's findings. 3.6.7.2 The appeal must be filed with the city secretary, and state the reasons the board's decision should be modified or reversed. 3.6.7.3 The city secretary will: 3.6.7.3.1 Schedule the hearing before the city council. 3.6.7.3.2 Notify the mechanical or plumbing contractor of the time and date of the hearing. The notice must be given to the mechanical or plumbing contractor by certified mail at least five (5) days prior to the date the hearing. Page 28 of 89 3.6.7.3.3 Provide a copy of the proceedings before the board to the city council. 3.6.7.3.4 The hearing will be based on the record of the board's hearing. 3.6.7.3.5 After the hearing on the appeal, the city council may uphold, amend, or set aside the findings of the board. 3.6.7.3.6 Violation of order. It is unlawful for any person, firm or corporation whose rights under a registration have been suspended or revoked by the city council to engage in or do mechanical or plumbing work. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029726, § 1, 1-22-2013; Ord. No. 030590, § 1, 8-25-2015) Sec. 14-207. - Violations and penalties. (1) Penalties. 1.1 Any person, firm, corporation or agent who violates a provision of this article or the technical construction codes, or fails to comply with any of the requirements of this article of the technical construction codes, or who erects, constructs, alters, installs, demolishes, or moves any structure, electrical, energy conservation, fuel gas, mechanical, or plumbing equipment or system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in a manner that varies from any detailed statements or drawings submitted and permitted under this article or the technical construction codes, is guilty of a misdemeanor and liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00). 1.2 Each day or portion of a day during which any violation of any of the provisions of this article or the technical construction codes is committed or continued is a separate violation. 1.3 Each owner of any building or structure failing to comply with any of the provisions of this article or the technical construction codes, and each owner of any premises where a violation of the provisions of this article or the technical construction codes occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed by the owner or owners of any building, who has assisted in Page 29 of 89 the commission of any violation of this article or the technical construction codes, is guilty of a separate offense. 1.4 Unless otherwise specifically stated within the provisions of this article or the technical construction codes, any violation of this article or the technical construction codes that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." (2) Injunction. In addition to the penal remedy in this section, the city attorney shall, upon the direction of the city manager, institute any appropriate action or proceeding, including actions for injunction to prevent, restrain, correct or abate any act, conduct, work, business, practice, or use which is in violation of and illegal as specified in this article or the technical construction codes. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-208-14-230. - Reserved. DIVISION 2. - BUILDING CODE AND EXISTING BUILDING CODE Sec. 14-231. - Building code. With the following additions, deletions, and revisions, the International Building Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Building Code for the City of Corpus Christi: (1) Section 101.1 of the International Building Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Building Code of the City of Corpus Christi, hereinafter referred to as "this code." (2) Section 101.3 of the International Building Code is amended by adding new subsections 101.3.1 through 101.3.4 to read as follows: 101.3.1 General. The technical construction codes are remedial, and must be construed to secure the beneficial interests and purposes of the codes, which are public safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, safety to life and property from fire, windstorms, flood hazards, and other hazards attributed to the built environment, including alteration, repair, removal, demolition, use, and occupancy of buildings, structures, or premises, and Page 30 of 89 by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems. 101.3.2 Quality control. Quality control of materials and workmanship is not within the purview of the codes, except as it relates to the purposes stated in this section. 101.3.3 Limited purpose of permitting and inspection. The taxpayers and citizens of the city with only limited resources for the operation of government in deciding to provide the services described in these codes undertake to act only for the purposes, and to the limited extent, described in this section. 1. Any activity under these codes, including, without limitation, actions or inactions related to applications, plan review, permitting, inspection, investigation, enforcement, and revocation of permits, authorizations, certificates, or releases of any kind, is an exercise of the police power of the city, which power is exercised for the health, safety and welfare of the public generally. 2. The city specifically does not undertake to perform, and does not perform, any activity for the benefit of any particular person, persons, or groups, and the city may not have nor ever be deemed to have a duty to any particular person, persons, or groups. 3. No city officer, employee, agent, or representative is authorized to create a duty to any person with respect to any activity, and any act or omission of a city officer, employee, agent, or representative purporting to or which might be construed to create any duty is unauthorized and ultra vires. 4. No person may rely in any way whatsoever upon any city inspection, examination, permit, investigation, enforcement, granting or revocation of any permit, authorization, certificate, or release of any kind, or other action or inaction related to this code, or absence thereof, as assurance or indication or to decide that any structure, premises, or activity is safe, sufficient, advisable, or suitable for any purpose, or that it is in compliance with this code. 5. It is the duty of the person who constructs, alters, or occupies a structure or premises, and their contractors, subcontractors, design professional, and others assisting them, to determine on the basis of their own efforts and investigation, without Page 31 of 89 relying on the city in any way, whether the structure or premises is in compliance with this code. 6. The city may never be liable in tort, contract, or any other theory of liability whatsoever, for damages for any defect or hazardous or illegal condition or inadequacy in any building, premises, system, or plan, nor for any failure of any component of such, which arises out of or is alleged to arise out of any action or inaction under or related to this code. 7. As used in this section: a. City includes the City of Corpus Christi, and its officers, employees, agents, and representatives, past, present, and future. b. Person includes, without limitation, individuals, all legal entities of any nature, owners of any interest in property, whether fee, leasehold, security, or otherwise, builders, developers, renovators, contractors, subcontractors, invitees, licensees, trespassers, insurers, owners of adjacent or nearby properties, and the successors of any of the foregoing. c. Codes mean the building code, electrical code, energy conservation code, fuel gas code, mechanical code, plumbing code, national electric code and the flood hazard prevention code. 8. This section applies notwithstanding any other provision of a city code or ordinance presently existing or which may be adopted in the future, unless the provision expressly provides that this paragraph does not apply. 101.3.4 Responsibility for safe work. These codes may not be construed to relieve from or lessen the responsibility or liability of any person owning, operating, installing or maintaining a building or structure, or an electrical, fuel gas, mechanical or plumbing system for damages to persons or buildings caused by any defect therein. 101.3.5 Building. The building code applies to the construction, alteration, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every building, structure, residential accessory building or structure, or any appurtenances connected or attached to the buildings or Page 32 of 89 structures, or any detached buildings or structures on the same property. (3) Section 102.2 of the International Building Code is amended by adding a new subsection 102.2.1 to read as follows: 102.2.1 Nonconforming uses. Nothing contained within this code may be construed to allow a nonconforming use to be replaced in contravention of the zoning ordinance of the city. (4) Section 104.7 of the International Building Code is revised to read as follows: (5) 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall comply with the Texas Open Records Act, Texas Local Government Code, and in conformance with the Texas State Library and Archives Commission standards. Section 105.1 of the International Building Code and Section R105.1 of the International Residential Code are revised to read as follows: 105.1 General. It shall be unlawful for any person, owner, authorized agent, or contractor to fill, excavate, construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure; to construct a swimming pool; to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the technical construction codes; to erect or construct a sign of any description; to install or alter fire extinguishing apparatus, lawn irrigation systems, elevators, or engines; to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus; to install a mobile home for occupancy upon a lot; erect, construct, fabricate, apply, or repair one hundred (100) square feet or more of any roof covering of any building; to erect any fence over seven (7) feet in height; or to cause any work to be done, without first making application to the building official and obtaining the required permit(s) for the work. (6) Section 105.1 of the International Building Code and Section R105.1 of the International Residential Code are amended by adding new subsections 105.1.3 through 105.1.4 to read as follows: 105.1.3 Permits for demolition of a building or structure. 105.1.3.1 A permit to demolish a building or structure includes the demolition of the related electrical, mechanical, and plumbing systems. Page 33 of 89 105.1.3.2 The owner or the contractor must coordinate termination of service with the utility owner to ensure that all electrical, mechanical, and plumbing systems are disconnected and inactive prior to the start of demolition operations. 105.1.4 Permits for excavation and fill. Permits are required for excavation and fill within the corporate city limits in compliance with articles VI, excavations, and VII, regulation of fill materials, of this chapter. Section 105.2 of the International Building Code and Section R105.1 of the International Residential Code are amended by adding new subsections Government Property, Industrial Work & Agricultural Uses to read as follows: Governmental Property: 1. No permit is required within and on the premises within the control and supervision of the state or federal government and where the installations will be a part of the facilities operated, maintained, and controlled by the state or federal government. 2. When city inspections are not provided, all connections to the city water system must be equipped with backflow prevention devices. a. The water superintendent and the building official will determine the type of backflow prevention device necessary to prevent backflow and back siphonage. b. To assure the connection, the building official has the right to inspect any installations connected to the city water system to the point of the valves or safety devices, and failure to install or maintain in good operating condition the device authorizes the city to refuse to connect or authorize the city to disconnect the installation from the city water supply system. Industrial Work: 1. A permit is not required and no inspections will be performed by the city relating to the construction, assembly, disassembly, reassembly, modification, alteration, or improvement of an industrial facility or industrial processing unit if: a. The industrial facility or industrial processing unit occupies a site of twenty (20) or more contiguous acres. b. The industrial facility or industrial processing unit is inaccessible to the general public. Page 34 of 89 c. The construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit is under the observation and direct supervision of a licensed professional engineer. The industrial facility or industrial processing unit is used to manufacture, compound, package, process, refine, sort, test, and treat raw materials and other processed materials into finished or intermediate products. d. The industrial facility or industrial processing unit may store materials that will be used in or produced by the manufacturing, compounding, packaging, processing, refining, sorting, testing, and treatment processes. 2. In order to qualify for an industrial exemption under this subparagraph, a professional engineer licensed in the State of Texas must certify at the beginning of each calendar year that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year complied with the technical construction codes. a. The affidavit must contain sufficient information that the industrial facility or industrial processing unit is entitled to the exemption requested. b. The affidavit must affirm that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year were performed under the direct supervision of a professional engineer licensed in the State of Texas. The affidavit must be accompanied by a site plan of a scale sufficient to delineate the industrial facility or processing unit in relation to any surrounding buildings or structures. Any connections to the city's water or wastewater systems must be shown on the site plan. c. The affidavit must be on a form provided by the building official. d. The licensed professional engineer who completes, signs, and seals the affidavit must certify that all improvements meet the intent or spirit of the city's technical construction codes and life safety criteria for the occupancy as outlined in Chapter 13 of the Code of Ordinances of the city. 3. Any building or structure, which is not principally used in the manufacturing, compounding, packaging, processing, refining, Page 35 of 89 sorting, testing, and treatment processes, is not exempt, and permits and inspections are required for any construction, modification, alteration, or improvement to the building or structure. 4. All connections between an industrial facility or industrial processing unit and the city's water system must be equipped with backflow prevention devices, which will prevent backflow and back siphonage. a. All reduced pressure backflow preventers, pressure type vacuum breakers, and double check valve assemblies must be inspected and certified on an annual basis by a backflow prevention assembly tester to the building official. b. The inspections operations have the right to inspect any connections to the city's water system, including any valves and backflow prevention devices. c. If the owner or operator of an industrial facility or industrial processing unit fails to install or maintain valves and backflow prevention devices in good operating condition, the city may refuse to connect the industrial facility or industrial processing unit to, or disconnect the facility or unit from, the city's water supply system. 5. Nothing in this section may be construed to waive or exempt industrial sites from the provisions of any other provision of the Code of Ordinances or any other ordinance of the city. Agricultural Uses: 1. Permits and inspections are not required for installations, alterations, additions, changes, or repairs within the scope of this code to any structure, which is being used exclusively in connection with the ranching or agricultural use of any tract of land of ten (10) acres or more in area within the city at the time of annexation as long as the entire premises being used for agricultural or ranching purposes at the time of annexation is not converted to any other use. 2. Any agricultural building or structure used for residential occupancy or connected to utility services may not be exempt under this section from the requirements for permits and inspections. Page 36 of 89 (8) Section 105.3 of the International Building Code is revised to read as follows: (9) Application for permit. To obtain a permit, an applicant shall first file an application to the department of development services for that purpose. Such application shall contain all required information as stated in the latest published edition of the Residential or Commercial Submittal Checklist and Commercial Site Plan Checklist. A permit may not be issued by the building official for the construction of any building, or for the alteration of any building where the building is to be changed and the change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placement on any lot or premises of any building or structure removed from another lot or premises when the change encroaches into the public right-of-way or utility easement, unless the applicant has made application at the office of the director of development services for the lines of the public street on which he proposes to encroach by building, erecting or locating the building and the director of development services has approved the encroachment by the use of an instrument approved by city council. When a building permit is issued, it is the duty of the building official to see that the street lines are not encroached upon, except as provided for by the zoning ordinance and any other provisions of the Code of Ordinances of the city. Section 105.3 of the International Building Code is amended by adding a new subsection 105.3.3 to read as follows: 105.3.3 Applications by regulated trades. Permits for work in the regulated trades that are obtained by a business must be obtained by the business' licensee or an authorized agent of the business. 1. The person obtaining the permit for work in a regulated trade shall provide positive photo identification displayed in the form of a valid driver's license, a state identification card, or federal agency or an armed forces identification card. 2. If acting on behalf of a licensed or registered individual, the required identification must have an affidavit or power of attorney authorizing the individual to apply for a permit on behalf of the licensed or registered individual. (10) Section 105.4 of the International Building Code is amended by adding a new subsection 105.4.1 to read as follows: 105.4.1 Permits not transferable. Permits are valid only for the work described on the permit. The work may be performed only by or under the supervision of the applicant who obtained the permit and only at the location specified. Page 37 of 89 (11) Section 105.7 of the International Building Code is revised to read as follows: 105.7 Placement of permit and inspection record. The building permit or copy shall be kept at the project site until the completion of the project, and the inspection record shall be readily accessible by the building official and protected from the weather. (12) Section 105.8 of the International Building Code is created by adding new subsections 105.8.1 through 105.8.4 to read as follows: 105.8.1 All connections to city -owned, city -leased, city -franchised, or city - operated utility service lines inside or outside the city must be made and installed by the city at a point determined by the city; provided, that charges for this utility service and for tap fees must be paid in accordance with the established rates and fees of the city. 105.8.2 Every extension on and into private premises from each city utility line must be made only after a permit has been issued for the extension or connection to the utility line. 105.8.3 One (1) permit is required for each building and for each inspection discipline. 105.8.4 Permits are valid only for work performed, as described on the permit, by or under the supervision of the applicant who obtained the permit and only applies to the location specified by legal description on the permit. (13) Section 105 of the International Building Code is amended by adding new sections 105.9 through 105.11 to read as follows: 105.9 Conditional permit. A conditional permit may be issued by the building official for applications that have been denied, provided that the applicant has filed for an appeal on the specific item in question, and that the applicant has submitted design documents to the building official and that the applicant understands they are proceeding at their own risk and will comply with the code requirements for the item should the appeal be rejected by the board. 105.10 Permits for part -jobs or incomplete projects. a. When one (1) person completes the rough -in work, in whole or in part, on any building or system, and a second person is called upon to complete the work in whole or in part, then, in that event, a separate permit is required for which regular fees must be paid for the work to be done for the remaining work. Page 38 of 89 b. Each person may be held responsible only for the portion of the work actually installed. c. Before the second contractor is issued a permit for the completion of the remaining work or the installation of fixtures or equipment, inspections operations will first notify the person holding the original or first permit that the second permit is proposed to be issued and the original permit will be cancelled. d. A twenty -four-hour waiting period will transpire between notification to the first permit holder and issuance of a second permit, unless the permit is canceled by the holder of the first permit, upon which the second permit may be issued immediately thereafter. e. If the first permit holder cannot be notified, or has not responded to the notification within a twenty-four hour waiting period, inspections operations will issue the second permit on the first business day after the waiting period expires. f. The issuance of the second permit cancels the first permit, and no refund of fees paid for the canceled permit will be made. 105.11 Temporary event permit. 105.11.1 A permit is required for a temporary event, when the event requires a tent or other temporary structure, which is ancillary and adjacent to an existing ongoing commercial operation or function and will be removed after a specified period of time not to exceed fifteen (15) days. 105.11.2 The inspection made prior to issuing the permit will confirm that there are no life safety, zoning, or public health issues associated with temporary sanitary facilities. 105.11.3 In the event that temporary electrical services are required, an electrical permit and inspection is required. 105.11.4 The temporary event permit expires at the end of the specified period. (14) Section 107.1 of the International Building Code is amended by adding new subsections 107.1.1 through 107.1.7 to read as follows: 107.1.1 Texas Department of Health requirements. Prior to the issuance of a permit to renovate or demolish a commercial or public building or structure, the owner must provide evidence to the building official that an asbestos survey has been performed by a design professional as outlined in this code Page 39 of 89 or an asbestos inspector licensed by the Texas Department of Health. The applicant must verify on the application that the survey was performed and approved. 107.1.2 Windstorm plan information. 1. Prior to issuing a permit, the building official will require a separate building plan or plans with building sections and details showing the components, their types, locations, and framing elements which delineate that the framing will resist the pressures developed from the wind speeds in ASCE-7, as adopted by the Texas Windstorm Insurance Association's Building Code for Windstorm Resistant Construction, or any model code approved by the Texas Department of Insurance. 2. All documentation submitted must be sealed by a professional engineer who is licensed to practice in the state and approved to participate in the Texas Windstorm Insurance Association's windstorm program. 3. For buildings or structures having unusual geometric shapes, response characteristics, or site locations for which channeling effects or buffeting in the wake of upwind obstructions may warrant special consideration, wind loads must be based on wind tunnel tests or nationally recognized data approved by the Texas Department of Insurance. 4. All structures requiring a permit within the city must be designed for wind load compliance by a Texas -registered Engineer and constructed under the wind load provisions of Section 1609. 5. All engineered structures must be designed and inspected by a Texas -registered professional engineer. The engineer must submit a Building Design Certificate, Form WPI -1 with sealed design drawings at permit application and a Building Certificate, Form WPI -2, upon completion of the project approved by the Texas Department of Insurance. 6. For residential accessory structures and commercial projects where participation in the Texas Windstorm Insurance Association is not desired, the structure shall be designed for wind load compliance and inspected by a Texas -registered professional engineer in accordance with current Texas Department of Insurance standards. Page 40 of 89 107.1.3 Accessibility. 1. The building official must, prior to issuing a building permit, require proof that plans have been submitted to the Texas Department of Licensing and Regulation, Elimination of Architectural Barriers Program, a Registered Accessibility Specialist registered with the Texas Department of Licensing and Regulation, and in compliance with the requirements of Chapter 469 of the Texas Government Code and the rules and regulations of the Texas Department of Licensing and Regulation. 2. An EAB Project Number issued by the Texas Department of Licensing and Regulation will be accepted as proof that the project has been registered with the Texas Department of Licensing and Regulation. 3. Accessibility for projects not subject to state registration. Before issuing a permit, the building official shall examine or cause to be examined each commercial project valued at less than fifty thousand dollars ($50,000.00) to determine if the project falls within the requirements of Chapter 469 of the Texas Government Code, Elimination of Architectural Barriers. a. For projects that are not required to be registered with the Texas Department of Licensing and Regulation, but which are required to comply with Chapter 469 of the Texas Government Code, no occupancy will be allowed without required city inspection and city certification that the project complies with the requirements of Chapter 469. b. The city's certification of a project does not imply that the Texas Department of Licensing and Regulation also certifies the project. 107.1.4 Structural and fire resistance integrity. Plans for all buildings must indicate how required structural and fire resistance integrity will be maintained where penetration of a required fire resistant wall, floor, ceiling, or partition will be made for electrical, gas, mechanical, plumbing, communication conduits, pipes, and systems, and also indicate in sufficient detail how fire integrity will be maintained where required fire resistant floors intersect the exterior walls. The information must include Underwriters Laboratories system numbers for each fire resistive assembly required by the technical construction codes. 107.1.5 Building Foundations. All foundations and foundation repairs are to be designed, inspected and certified by a Texas registered Engineer. Page 41 of 89 107.1.6 Any free-standing structure, such as a sign, antenna, tower, or flag pole, exceeding twenty-five (25) feet in height or producing over fifteen thousand foot-pounds of wind moment on the structure, any fence over seven (7) feet in height, except fences more than eighty (80) percent open to the wind up to ten (10) feet in height, except as provided in the technical construction codes, must be designed by a Texas registered Engineer. (15) Section 107.2.1 of the International Building Code is revised to read as follows: 107.2.1 Information on construction documents. Construction documents shall be dimensioned. Electronic media documents are to be submitted. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. All information, drawings, specifications, and accompanying data must bear the name, address, phone number, and signature of the person responsible for the design documents. (16) Section 107.2.5 of the International Building Code is amended by adding new subsections 107.2.5.2 and 107.2.5.3 to read as follows: 107.2.5.2 When work is to be performed on land adjacent to state owned land or land controlled by the general land office, the building official will require a boundary survey performed by a licensed state land surveyor. 107.2.5.3 Hazardous occupancies. The building official may require the following: (1) General site plan. A general site plan drawn at a legible scale which must include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm water and wastewater accesses, emergency equipment and adjacent property uses. (2) Building floor plan. A building floor plan drawn to a legible scale which must include, but not be limited to, all hazardous materials storage facilities within the building and must indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. (3) Each hazardous materials storage facility or area within a structure or exterior storage must be identified on the general Page 42 of 89 site or building floor plan, with the hazard classes and quantity range per hazard class of the hazardous materials stored. (17) Section 107.3.1 of the International Building Code is amended by adding a new subsection 107.3.1.1 to read as follows: 107.3.1.1 Authority to proceed with a project begins with the issuance of a building permit after which electrical, mechanical or plumbing system permits will be issued using the same or similar form. (18) Section 107.3.3 of the International Building Code is amended by adding new subsection 107.3.3.1 and 107.3.3.2 to read as follows: 107.3.3.1 The permit holder may not proceed with any work, which is not authorized by the phased permit. 107.3.3.2 Any work that is not specifically authorized by the phased permit, is subject to the administrative fees for the failure to obtain a permit. (19) Section 109.2 of the International Building Code is revised to read as follows: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. (20) Section 110.3.4 of the International Building Code is amended by adding a new subsection 110.3.4.1 to read as follows: 110.3.4.1 These inspections do not include or take the place of inspections or certifications for compliance required under Texas Department of Insurance windstorm requirements. (21) Section 110.3.8 of the International Building Code is amended by adding new subsection 110.3.8.1 to read as follows: 110.3.8.1 Hurricane inspections. During periods of time designated by the National Oceanic and Atmospheric Administration as involving a hurricane warning, the building official or the building official's designee shall make inspections of residences, commercial and industrial establishments, and construction sites to ensure that all furniture, display racks, construction supplies and materials, and other loose objects in exposed outdoor locations are secured to rigid construction or stored in buildings. a. These inspections will be made to ensure, to the extent practicable, that portable storage buildings and manufactured Page 43 of 89 housing units (either being offered for sale, stored on lots, or installed on private property) are properly anchored, reinforced, and secured. b. Orders issued by the building official may be oral or written and may be given to the person on the premises responsible for the custody or management or care or maintenance of the premises or the person's employee or agent. Orders must be carried out before winds of hurricane velocity are anticipated. (22) Section 110.3 of the International Building Code is amended by adding a new subsection 110.3.11 to read as follows: 110.3.11 Texas Department of Insurance windstorm -resistant construction inspections. When authorized by the Texas Department of Insurance, building inspectors shall also perform the following inspections for the Texas Department of Insurance. a. Texas Department of Insurance foundation inspection. This inspection must be requested by the permittee after placement of reinforcements, but prior to pouring of concrete. b. Texas Department of Insurance rough framing inspection. This inspection must be requested by the permittee prior to any type of covering that would keep the inspector from being able to verify the required connector or fastener pattern. c. Texas Department of Insurance final framing inspection. This inspection must be requested by the permittee prior to installation of insulation and concealment of fastener patterns of exterior coverings and roof coverings. Re -roofing inspections fall into this category. d. Texas Department of Insurance mechanical inspection. This inspection must be requested by the permittee after all outside mechanical equipment has been anchored, particularly air conditioning condensers. This category of inspections includes anchorage of other exterior equipment, including floodlights, turbine vents, propane tanks, swimming pool filters, water cooling towers, satellite dishes, and other similar equipment. e. All engineered structures must be designed and inspected by a Texas -registered professional engineer. The engineer must submit a Building Design Certificate, Form WPI -1 with sealed design drawings approved by the Texas Department of Insurance. Page 44 of 89 f. Approved engineer's inspection. It is the certifying engineer's responsibility to ensure that the engineer or the engineer's representative has completed the Texas Department of Insurance framing inspection prior to the city inspector completing the city's frame inspection. g. All structures requiring a permit must be inspected by an inspector certified by the Texas Department of Insurance or by a Texas -registered professional engineer. h. A Certificate of Compliance, Form WPI -2 or WPI -8, issued by the Texas Department of Insurance, is evidence of compliance with this section and is required before issuance of a certificate of occupancy. No substitutions will be accepted. A temporary certificate of occupancy may be issued prior to receipt of the Building Certificate, Form WPI -2 from a Texas Department of Insurance inspector or approved Texas - registered professional engineer. i. Only inspectors employed or certified by the Texas Department of Insurance or Texas registered professional engineers may be used to inspect for compliance with this section. Unless authorized by the Texas Department of Insurance, the building official and building inspectors shall not certify compliance with this section. The Texas Department of Insurance may be notified if any suspected violations are observed during the normal course of other inspections. (23) Section 110.5 of the International Building Code is amended by adding a new subsection 110.5.1 to read as follows: 110.5.1 Inspections. The building official or the building official's designee upon twenty -four-hour advance notification from the permit holder or permit holder's authorized agent will endeavor to make the following inspections and the other inspections as necessary, and either release that portion of the construction or notify the permit holder or permit holder's agent of any violations, which must be corrected in order to comply with the technical construction codes. The permit holder or permit holder's authorized agent shall at the time of the request for inspection provide a physical address for the job site, the permit number for the project, and the type of inspection being requested. It is the responsibility of the permit holder or the permit holder's agent to request inspections. Failure to request for required inspections could result in the removal of finishes and systems to ensure that the inspections can be performed in compliance with this code. Removal and replacement of finishes and systems is at the expense of the owner and owner's agent or representative. Page 45 of 89 (24) Section 113 the International Building Code is deleted. Refer to Section 14- 206(a) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals. (25) Section 114.4 of the International Building Code is deleted. Refer to Section 14-207 Violations and Penalties. (26) Chapter 4 of the International Building Code is amended to add a new subsection 427 - — Location of Buildings Near Oil & Gas Wells to read as follows: 427.1 General. The presence of oil and gas wells within the city presents the risk of blow -outs and explosions that could endanger the lives of occupants in buildings in proximity to the wells. The city land drilling ordinance and Fire Prevention Code prohibit flames around wells. This section regulates the location of buildings in proximity to oil and gas wells in order to provide for the safety of building occupants. 427.2 Buildings are prohibited within one hundred fifty (150) feet of active wells. No habitable building may be constructed within one hundred fifty (150) feet of an oil and gas well that has not been plugged and abandoned under regulations in the city's land drilling ordinance, except buildings directly associated with production from the well. 427.2.1 Any oil or gas well that was plugged and abandoned prior to May 29, 1968 with mud or only a bottom plug is considered unsafe for the location of any building within fifty (50) feet of the well until the well is remedied by setting a cement plug in the well near the surface, cutting the casing off below ground, and placing a steel plate over the top. 427.2.2 Natural Gas 425.3 Natural gas seepage areas. In any area characterized by seeping methane gas at the surface of the ground, any building constructed must be provided with ventilation for the purpose of protecting against any accumulation of explosive gases under the building. Ventilation systems must be designed by an engineer who must submit a statement with the building permit application to the effect that the design of the ventilation systems complies with this section. (27) Section [F] 907.2.3 of the International Building Code is revised to read as follows: 907.2.3 Group E. A manual fire alarm system that activates the occupant notification system in accordance with section 907.5 shall be installed in Group E occupancies. Smoke alarms shall be installed in all educational Page 46 of 89 occupancies, including but not limited to, day care centers, elementary and secondary schools, and all portable buildings. These devices shall be installed in accordance with the rules for partial smoke detection systems, except that day care centers require additional protection in every room in which children sleep. Smoke alarms shall be listed and meet the installation requirements of NFPA 72. (28) Section 912.2 of the International Building Code is amended by adding a new subsection 912.2.3 to read as follows: 912.2.3 Proximity to hydrant. Fire department connections for each sprinkler or standpipe system shall be located not more than 100 feet (30 m) from the nearest fire hydrant connected to an approved water supply. (29) Section 1101.2 of the International Building Code is revised to read as follows: 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code, ICC A117.1, and the Texas Accessibility Standards, published by the Texas Department of Licensing and Regulation. If a conflict exists between the provisions of this code, ICC A117.1, or the Texas Accessibility Standards, the Texas Accessibility Standards control. The design of all buildings subject to chapter 469 of the Texas Government Code, chapter 63 of the Texas Administrative Code, and the Texas Accessibility Standards shall be reviewed under procedures established by the Texas Department of Licensing and Regulation in chapter 63 of title 16 of the Texas Administrative Code and the Texas Accessibility Standards. (30) Section 1609.1.1 of the International Building Code is revised to read as follows: 1609.1.1 Determination of Wind Loads. Wind loads on every building or structure shall be determined in accordance with chapter 6 of ASCE 7 or provisions of the alternate all -heights method in section 1609.6. The type of opening protection required, basic wind speed, and exposure category for a site may be determined in accordance with section 1609 or ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered. Exceptions: a. Subject to the limitations of section 1609.1.1.1, the provisions of ICC 600 shall be permitted for applicable Group R-2 and R-3 buildings. Page 47 of 89 b. Subject to the limitations of section 1609.1.1.1, residential structures using the provisions of the AF&PA WFCM. c. Subject to the limitations of section 1609.1.1.1, residential structures using the provisions of AISI S230. d. Subject to the limitations of section 1609.1.1.1, residential structures, except one- and two family dwellings using the provisions of the AF&PA Wood Frame Construction Manual for One- and Two- Family Dwellings, 2001 Edition. e. Designs using NAAMM FP 1001. f. Designs using TIA-222 for antenna -supporting structures and antennas. g. Wind tunnel tests in accordance with section 6.6 of ASCE 7, subject to the limitations in section 1609.1.1.2. (31) Section 1612.3 of the International Building Code is revised to read as follows: 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard, as identified by the Federal Emergency Management Agency in an engineering report entitled 'The Flood Insurance Study for the City of Corpus Christi, Texas (Nueces and Kleberg County)' dated July 23, 1971, as revised on September 17, 1992, and including the accompanying Flood Insurance Rate Map (FIRM), Flood Boundary and Floodway Map (FBFM), and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. (32) Chapter 31 of the International Building Code is amended by adding new section 3112 to read as follows: SECTION 3112 BOAT DOCKS AND MOORINGS 3112.1 General. It shall be unlawful, unless specifically provided for by this section, for any person, firm, or corporation to place, build, construct, or maintain any dock, pier, mooring, piling, post, pipe, or pole in waters within the city limits or Lake Corpus Christi Reservoir below elevation ninety-four (94) feet above mean sea level. Page 48 of 89 3112.2 Permits required. The building official may issue permits for the placing, building, or construction of any dock, pier, mooring, piling, post, pipe, or pole in waters within the city limits or Lake Corpus Christi reservoir below elevation ninety-four (94) feet above mean sea level. Each dock, pier, mooring, piling, pole, pipe, post, or other structure constructed in waters within the city limits or Lake Corpus Christi Reservoir shall be authorized by a permit issued under this section. 3112.3 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the Lake Corpus Christi Reservoir shall be authorized by the city's executive director of utilities. 3112.4 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the city over submerged lands under the control of the Texas General Land Office (the "TGLO") shall be authorized by the TGLO Commissioner. 3112.4.1 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the city patented by the State of Texas shall be authorized by a lease from the city. 3112.4.2 A permit issued under this section shall specify the dimensions and the type of materials used and describe the upland to which said placement or structure is attached. 3112.4.3 Compliance with this section does not relieve a person, firm, or corporation from obtaining authorization from any other governmental body for the placement of any facility or structure in waters within the city. 3112.5 Boat docks and fishing piers. 3112.5.1 Construction standards. 3112.5.1.1 Boat docks and fishing piers shall be constructed using reinforced concrete and/or heavy timber. 3112.5.1.2 Wood piles used to support boat and fishing piers shall be pressure- impregnated according to AWPA Standard U1 (which contains information for end users/specifiers) and AWPA Page 49 of 89 Standard T1 (which contains treating requirements for manufacturers). 3112.5.1.3 Piles shall be driven to a minimum penetration below the mud line equivalent to one half (1/2) the length of the cut-off pile. 3112.5.1.4 Piers shall be designed to withstand a total live load of fifty (50) pounds per square foot. 3112.5.1.5 Wooden structural members below the walkway level (caps, stringers, braces, etc.) shall be pressure -impregnated according to AWPA Standards U1 and T1. 3112.5.1.6 The primary pier walkway or platform shall be elevated or otherwise designed to minimize damage resulting from wave action or rising waters. For purposes of this section, the designer shall refer to the flood insurance rate maps and flood hazard boundary floodway maps of the city or the County in determining the damage potential from wave action or rising waters at the specific locality. 3112.5.1.7 Wooden caps, stringers, and beams shall be positively connected to their supporting members in such a manner so as to completely resist their displacement by wave action or rising waters. 3112.5.1.8 Wooden decking shall be at least two (2) inch nominal thickness and nailed to the decking supporting members in such a manner so as to allow the decking to be displaced by wave action or rising waters. 3112.5.1.9 Hardware shall be hot -dipped galvanized under ASTM Standard A153-61. 3112.5.1.10 When any boat dock or fishing pier is used as an integral part of an exit way from a building, guardrails shall be provided as prescribed in this code. In all other cases, adequate guardrail protection as determined by the designer shall be provided. Page 50 of 89 3112.5.1.11 Design. All boat docks and fishing piers shall be designed by a professional engineer licensed in the State of Texas. 3112.5.1.12 Damaged boat docks and fishing piers shall comply with: 1) Damaged boat docks and fishing piers may be rebuilt at their original elevation, provided that at least seventy five (75) percent of the existing pilings are found to be sound. The building official shall make this determination. All piers not meeting this requirement shall be removed. 2) Damaged piers not completely rebuilt shall be completely removed. (33) Section 3409.1 of the International Building Code is amended by adding a new subsection 3409.1.1 to read as follows: 3409.1.1 Authority of building official. The provisions of the technical construction codes relating to the, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures may not be mandatory for existing buildings or structures identified and classified by the state or the city as historic buildings, provided that, in the opinion of the building official, any proposed alteration, repair, enlargement, restoration or relocation of the buildings, not in strict compliance with the technical construction codes will nevertheless meet the spirit and intent of the technical construction codes. Accompanying the application for a permit for the work, the applicant must submit documentation acceptable to the building official which identifies the structure to be a historic structure or historic building and must submit complete architectural and engineering plans and specifications bearing the seal of a licensed design professional registered in the State of Texas. (34) Section 3410 of the International Building Code is amended by adding a new subsection 3410.2 to read as follows: 3410.2 House Moving. a. General. A building or part of any building may not be moved through or across any sidewalk, street, alley, or highway within the city limits without first obtaining a house moving permit from the building official. Page 51 of 89 b. House mover's license required. A house moving permit may be issued only to holders of current and valid house mover's licenses. c. Written application. Any person desiring to move a building shall first file with the building official a written application containing the following information: 1. Type and kind of building to be moved. 2. Original cost of the building. 3. Extreme dimensions of the length, height, and width of the building. 4. Present and proposed location of the building by lot, block, subdivision, and street numbers. 5. Approximate time the building or structure will be upon the streets and the route that will be taken from the present to the new location. The route must have been reviewed and approved by the city's traffic engineer. d. Owner's deposit and agreement required. As a condition precedent to the issuance of the building permit for the necessary improvements, the owner of the lot to which the house, building, or structure is proposed to be moved must place on deposit with the city a cash deposit of five hundred dollars ($500) and an affidavit in which the owner agrees that, if the specified required improvements are not made within the required time period, the five hundred dollar ($500) deposit will be forfeited and retained by the city. The building official is authorized to grant extensions of time under this section not to exceed an aggregate total of one - hundred twenty (120) calendar days for cause beyond the control of the owner. The retainage of the deposit is to help defray the additional clerical and inspection costs incurred under the circumstances and is not a penalty or preclusive of any remedy otherwise available to the city to enforce this code. If the necessary improvements are completed within the required time period, the five hundred dollar ($500) cash deposit will be refunded when the certificate of occupancy is issued. e. Substandard buildings and structures. Upon forfeiture of the owner's deposit and depending upon the state of completion of the building or structure and the site, the building official must initiate a substandard case against the property through the code Page 52 of 89 enforcement administrator of the city's code enforcement department. f. Bond required. g. 1. The building official, as a condition precedent to the issuance of a house moving permit, may require a bond to be executed by the person desiring such permit with a corporate surety sufficient to the satisfaction of the risk manager. The bond must be made payable to the City of Corpus Christi for the amount that the city's risk manager prescribes. 2. The bond must indemnify the city against any damage caused by the moving of the building to streets, curbs, sidewalks, shade trees, highways, and any other property which may be affected by the moving of the building or structure. 3. The surety bond must be conditioned upon liability for failure to strictly comply with the terms of the house moving permit (to include the route to be taken, period of time in which to affect the move, and repairs or compensation required for damages to public or private property and public improvements) and payment to the city as liquidated damages an amount not to exceed fifty dollars ($50.00) which shall be prescribed by the building official for each and every day's delay in completing the move, repairing any damages to property or public improvements, and clearing all public streets, alleys, or highways of debris occasioned by the movement of the building or structure over public streets, alleys, or highways. Improvements by owner. 1. The owner of any house, building, or structure proposed to be moved must make within one -hundred fifty (150) days from the date of the issuance of the house moving permit all necessary improvements that are required in order for the house, building, or structure to comply with the requirements of this section. 2. Extensions of time as deemed reasonable may be granted by the building official upon a showing of delay caused by matters beyond the control of the owner or house mover. 3. The application for house moving permit must be accompanied by an application for a building permit and a complete set of plans and specifications signed by the owner or the owner's agent showing the condition of the house, Page 53 of 89 building, or structure as it is being moved and all improvements that are contemplated at the new location. h. Additional improvements by owner required. 1. The owner of any house, building, or structure proposed to be moved to any new location within the city or within five thousand (5,000) feet of the city limits shall, within one - hundred fifty (150) calendar days from the date of the issuance of the house moving permit, make any necessary improvements that are required in order to bring the house, building, or structure into compliance with the requirements of the city's codes, zoning ordinance, and platting ordinance. 2. The application for building permit, if for a permanent dwelling within the city or city's extraterritorial jurisdiction, must include evidence of the availability at the site of electricity, an approved potable water supply, and approved methods of sewage disposal, construction debris containment, and trash hauling so that the site remains clear of blowing trash. i. Exemptions for moving small buildings, mobile homes, HUD -code manufactured housing, or industrialized buildings. 1. Any building or structure for which the maximum dimensions are less than thirteen (13) feet, six (6) inches in height, twelve (12) feet, zero (0) inches in width, and fifty-five (55) feet, zero (0) inches in length may be moved without a house mover's license or house moving permit. 2. Any mobile home, HUD -code manufactured housing unit, or industrialized building bearing the inspection sticker of the Texas Department of Licensing and Regulation or Texas Department of Housing and Community Affairs may be moved without a house mover's license or house moving permit. Removal of piers, foundations, stairs, and other debris. 1. When any building is moved, the house mover shall remove from the site any piers previously used to support the structure, foundation elements that are above grade, stairs that provided access to the structure, and any other debris resulting from the moving or partial demolition of the structure. 2. The house mover may leave structures at the site (including piers, foundation elements, and stairs) that will be used to Page 54 of 89 construct a new structure on the site, if a building permit has been issued for the new structure. k. The house mover shall notify the city's water and wastewater departments, so the taps and meters can be removed by the city. 3410.2.1 House mover's license required. a. A house mover's license is required before any person, firm, or corporation moves a house, buildings, or other structure within the city. b. An applicant for a house mover's license shall apply to the building official for a house mover's license. c. The applicant in the application must state the name and address of all persons owning any interest in the house moving business. d. The applicant must pay at the time of application the annual house mover's license fee specified in Section 14-1313 Technical Construction Codes Fee Schedules. 3410.2.2 Term of license and renewal. 1. A house mover's license is valid for one (1) year from the date of issuance, unless sooner revoked. 2. A house mover's license may be renewed at the end of its term by filing an application for renewal and paying the annual license fee established in section 14-1313 Technical Construction Codes Fee Schedules. 3410.2.3 House moving permit required. 1. No person may move a house, building, or other structure without first obtaining a house moving permit. 2. House moving permits may only be issued to the holder of current and valid house mover's license. 3. The house mover shall move (relocate and secure) the permitted structure within forty-five (45) days from the date of issuance of the moving permit. 4. The house mover must demolish and remove any debris, piers, porches, stairs, or foundation elements above from the location Page 55 of 89 at which a house, building, or other structure was removed within forty-five (45) days from the date of issuance of the moving permit. 3410.2.4 Notification, payments, and revocation of license. 1. As a condition of the permit, any licensed house mover shall before moving any house, building, or structure within the city give notice to all persons, firms, or corporations, utilities, or other persons having poles, lines, wires, or other the fixtures that may be affected along the route over which the house building, or structure may be moved, at least twenty-four (24) hours before the house, building, or structure must be moved. 2. The house mover must obtain an approved route from the city traffic engineer, and secure motorcycle police and utility company escort services to accompany the house, building, or structure along its movement on the approved route. The house mover must provide the required escorts at the house mover's expense. 3. The house mover is responsible to the owner for ensuring that all requirements coincidental with the movement of a house, building, or structure are met, including, but not limited to the following: a. That the structure is moved in a timely manner. b. If the house, building, or structure is relocated to a lot within the city, the structure is located on the new lot in a manner that complies with all required setbacks and easements. c. If the house, building, or structure is relocated to a lot within the city, the foundation system is designed and constructed under the technical construction codes. d. If the house, building, or structure is relocated to a lot within the city, the engineer of record, responsible for the design and certification of the installation of the foundation system, has inspected the preparation of the foundation system, has supervised the placement of the steel, has supervised the placement of any concrete supports, and has forwarded the foundation certificate to building operations in a timely manner. 4. Upon the completion of the moving operation and the final determination of the expenses, including time and material Page 56 of 89 incurred by the city for services and material provided to the house mover, which are shown on an itemized statement furnished to the permit holder, the house mover shall pay the city's expenses within ten (10) days after receipt of the statement. If the house mover fails to pay the expenses within ten (10) days, the house mover's license is automatically cancel the house mover's license of the person, firm, or corporation engaged in the business of house moving in the city, and a letter from the building official upon the receipt of documentation from the aggrieved department/division to the person, firm, or corporation is sufficient to cancel the permit and suspend the house mover's license. 5. The building official may suspend or revoke, at any time a house mover's license, if the holder of the license while preparing, moving, or securing any house, building, or structure violates the terms of this code, or any other ordinance of the city. a. The building official may suspend a house mover's license for any period less than sixty (60) days. b. The building official may revoke a license for a minimum of sixty -calendar days, but not more than a period of one (1) year. c. A revocation of license requires re -licensing under subsection (d) (1) of this section. d. The decision of the building official to suspend or revoke a house mover's license may be appealed to the city council. Any appeal must be filed in writing, with the city secretary, within ten (10) working days of the date of the building official's decision. 6. Requests for reinstatement of a house mover's suspended or revoked license may be filed by the house mover with the building official. a. The house mover must submit documentation indicating that the house mover has completed the work or corrected the problem that lead to the infraction and has taken measures to prevent future infractions. b. A license reinstatement fee must be paid before a house mover's license is reissued, as provided for in the permit fee schedule. Page 57 of 89 3410.2.5 Amount of house mover's bond. 1. The amount of bond required by section 3410.2(6) is twenty thousand dollars ($20,000.00). 2. In lieu of the bond in the amount of twenty thousand dollars ($20,000.00), the applicant may give as surety upon the bond a good and reliable surety company or may give a sufficient personal bond with two (2) or more financially responsible persons as sureties. a. Before becoming effective, the bond requires the approval of the city attorney. b. The bond must be conditioned that it will not be discharged by one (1) recovery on the bond, but that the obligation is a continuing obligation, which is effective for the term of the house mover's license. 3410.2.6 Required house mover's insurance. 1. The applicant shall file with the building official a comprehensive general liability, motor vehicle liability, and property damage insurance policies. 2. The policies must be accompanied by endorsements naming the applicant as the insured, and the city as an additional named insured, in an amount determined by the director of safety and risk management, under the provisions of section 17- 15 of the Code of Ordinances. 3. The policy must be effective for the duration of the license requested by the applicant. (Ord. No. 029343, § 1, 1-10-2012) Sec. 14-232. - Existing building code. With the following additions, deletions, and revisions, the International Existing Building Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Existing Building Code of the City of Corpus Christi: (1) Section 101.1 of the International Existing Building Code is revised to read as follows: Page 58 of 89 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Corpus Christi, hereinafter referred to as 'this code.' (2) Section 112 of the International Existing Building Code is deleted. Refer to section 14-206(a) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals. (3) Section 113 of the International Existing Building Code is deleted. Refer to section 14-207 Violations and Penalties. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-233-14-240. - Reserved. DIVISION 3. - ELECTRICAL CODE Sec. 14-241. - Electrical code. With the following deletions and revisions, the National Electrical Code, 2014 Edition (including Annex H, Administration and Enforcement), as published by the National Fire Protection Association, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the electrical code for the City of Corpus Christi. (1) Section 80.13(13) of the National Electrical Code is revised to read as follows: Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the authority having jurisdiction shall be permitted to require that such work be exposed for inspection. The authority having jurisdiction shall be notified when the installation is ready for inspection and shall conduct the inspection within two (2) days. (2) Section 80.15 of the National Electrical Code is deleted. Refer to section 14- 206(b) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the electrical advisory board. (3) Section 80.19(F)(3) of the National Electrical Code is revised to read as follows: Rough inspection must be called for by the permittee or the permittee's agent and must be made prior to the concealment of the work. Page 59 of 89 (4) Section 80.23 of the National Electrical Code is deleted. Refer to section 14- 207 Violations and Penalties. (5) Section 80.25(C) of the National Electrical Code is deleted. (6) Section 80.27(A) of the National Electrical Code is revised to read as follows: Certificate. All electrical inspectors shall possess a Master Electrician license issued by the State of Texas. Section 80.29 of the National Electrical Code is revised to read as follows: (7) 80.29 Liability for Damages. Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electrical equipment for damages to persons or property caused by a defect therein, nor shall the city or any of its employees be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized. (8) Section 80.35 of the National Electrical Code is deleted. (9) Section 90.2(B)(5)(b) of the National Electrical Code is revised to read as follows: b. Are located in legally established irrevocable easements, which have been filed for record with the county clerk's office, rights-of-way, or by other agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations, or (10) Section 90.2(B) of the National Electrical Code is revised by adding a new subsection 90.2(B)(6) to read as follows: (6) Installations of exterior lighting on property owned or leased by the utility, in public streets or alley rights-of-way, and in irrevocable utility or electric easements. If the easement on which the outdoor lighting is being installed is not shown on a plat that is filed for record with the county clerk's office, the electrical utility must present a map or survey showing the location of the easement and the location of the proposed outdoor lighting. (11) Article 90 of the National Electrical Code is amended by adding a new section 90.10 to read as follows: 90.10 Individual metering required. A building or buildings containing more than five (5) dwelling units must provide for individual metering or sub metering of each dwelling unit. Page 60 of 89 (12) Section 210.19 of the National Electrical Code is amended by adding a new subsection 210.19(C) to read as follows: (C) Minimum amperage. All circuits, except lighting circuits, must have a minimum current capacity of twenty (20) amperes. (13) Section 210.52(B)(1) of the National Electrical Code is revised to read as follows: (1) Receptacle Outlets Served. In the kitchen, pantry, breakfast room, dining room, laundry/utility room, or similar area of a dwelling unit, the two or more 20 -ampere small -appliance branch circuits required by Section 210.11(C)(1) shall serve all receptacle outlets covered by Sections 210.52(A) and (C) and receptacle outlets for refrigeration equipment. (14) Section 210.52(B)(2) of the National Electrical Code is amended by adding a new exception No. 3 to read as follows: Exception No. 3: A receptacle or electrical connection installed to power a vent hood located in a kitchen above a cooking surface. (15) Article 210 of the National Electrical Code is amended by adding a new section 210.53 to read as follows: 210.53 Receptacles Required For Non -Dwellings. Commercial buildings must have a minimum of one (1) receptacle installed for every twenty (20) feet measured horizontally around the interior wall at the floor level of each room, excluding storage rooms. (16) Section 220.14 of the National Electrical Code is amended by adding new subsection (M) to read as follows: (D) Maximum number of fixtures and receptacles. (1) For circuits supplying lighting fixtures having ballasts, transformers, or autotransformers, the computed load based on the total ampere ratings of such fixtures must determine the number of fixtures on a lighting circuit. (17) Article 230 of the National Electrical Code is amended by adding a new section 230.11 to read as follows: 230.11 Service -Entrance Conductor and Sub feed Installation Methods. Service -entrance conductors and sub feeds to electrical distribution panels must run in conduits or raceways. A masthead used for support of service drop conductors must extend not less than forty-two (42) inches above the roof and must be two (2) inches or larger rigid metal conduit. Page 61 of 89 (18) Section 230.70 of the National Electrical Code is amended by adding new subsections 230.70(D) and 230.70(E) to read as follows: (D) Minimum Fault Current Protection. All electrical service entrance equipment, except for temporary construction loops, must be provided with fault current protection of not less than twenty-two thousand (22,000) amps. (E) Exception For Certain Lighting Fixtures Installed on Poles. A service disconnect means is not required on a pole with a lighting fixture, if: (1) The pole is in a location accessible to the public, such as in parking lots, parks, etc., and a disconnecting means is installed in the circuit powering the fixture at a secure location, or (2) The fixture and all wiring providing power to the fixture are under the exclusive control of an electric distribution utility. (19) Section 250.52(A)(5) of the National Electrical Code is revised to read as follows: (F) Rod and Pipe Electrodes. Rod and pipe electrodes shall not be less than 2.5 m (8 ft.) in length and shall consist of the following materials. (1) Electrodes of pipe or conduit shall not be shall be smaller than metric designator 21(trade size 3/4), and must be made of brass or copper. (2) Nonferrous rods shall not be less than 13 mm (1/2 in.) in diameter. (20) Section 300.1 of the National Electrical Code is amended by adding a new subsection 300.1(D) to read as follows: (D) Raceways or metal clad cables in commercial buildings. All commercial buildings must be wired in electrical conduits or with metal clad cables, except as provided herein. (1) Exceptions to raceways or metal clad cables. (a) Raceways or metal clad cables will not be required when structures, which were originally constructed and used as single-family, single - story, residential -use buildings, are converted to commercial usage if, at the time the building is converted to commercial usage, the preexisting electrical wiring, equipment, and fixtures in such structures conform to all other applicable provisions of this code. Page 62 of 89 (b) Any installation of new electrical wiring, fixtures or apparatus installed in any building which was converted to commercial usage, or any rewiring of such structure must be wired in raceways or metal clad cables. (21) Section 300.3 of the National Electrical Code is amended by adding a new subsection 300.3(D) to read as follows: (D) Prohibited Conductors. The use of aluminum conductors of No. 2 gauge and smaller is prohibited in electrical wiring installations, except that exterior, overhead conductors are exempted from this prohibition. (22) Section 300.5 of the National Electrical Code is amended by adding a new subsection 300.5(L) to read as follows: (L) Non-metallic Electrical Conduit Required. Only non-metallic electrical conduit may be installed underground. The use of metallic electrical conduits is prohibited in underground installations. (23) Table 310.5 is amended by adding a new exception No. 1 to read as follows: Exception No. 1: The minimum size conductor that may be used on any circuit, except a lighting circuit, is 12. (24) Article 408 of the National Electrical Code is amended by adding new sections 408.23 and 408.24, to read as follows: 408.23 Spare Raceways. For each panel a spare one -inch raceway must be installed from the panel to an accessible location. Exception No. 1: A spare raceway is not required if there is no access in the attic or from floor above or below the panel. Exception No. 2: A spare raceway is not required if the walls and ceiling adjacent to panel are not covered. 408.24 Spare Circuits. One (1) spare circuit must be installed for every five (5) circuits in all new buildings. (25) Section 514.8 of the National Electrical Code is revised to read as follows: 514.8 Underground Wiring. Underground wiring shall be installed in schedule 80 Electrical PVC. Any portion of electrical wiring or equipment that is below the surface of a Class 1, Division 1, or Class I, Division 2 location [as classified in Table 514.3(B)(1) and Table 514.3(B)(2)] shall be Page 63 of 89 considered to be in a Class I, Division 1 location that shall extend at least to the point of emergence above grade. Refer to Table 300.5 of this code. Exception No. 1: Type MI cable shall be permitted where it is installed in accordance with Article 332. Exception No. 2: Rigid nonmetallic conduit complying with Article 352 shall be permitted where buried under not less than 600 mm (2 ft.) of cover. An equipment grounding conductor shall be included to provide electrical continuity of the raceway system and for grounding of non-current carrying metal parts. (26) Chapter 6 of the National Electrical Code is amended by adding a new article 696 to read as follows: ARTICLE 696 ELECTRICALLY -CHARGED FENCING 696.1 Electrically -charged fencing. Installation of electrically -charged fencing for the purpose of security, animal containment and other similar uses must be under approved Underwriters' Laboratories, or any other nationally recognized testing agency, devices. Upon installation such fencing must be clearly identified with signage not to exceed a fifty -foot maximum spacing on this electrical fencing. The signage must be legible from a distance of five (5) feet and must be properly maintained while fence is in use. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-242-14-250. - Reserved. DIVISION 4. - ENERGY CONSERVATION CODE Sec. 14-251. - Energy conservation code. With the following additions, deletions, and revisions, the International Energy Conservation Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Energy Conservation Code for the City of Corpus Christi: (1) Section 101.1 of the International Energy Conservation Code is revised to read as follows: 101.1 Title. This code shall be known as the Energy Conservation Code of the City of Corpus Christi, and shall be cited as such. It is referred to herein as 'this code.' Page 64 of 89 (2) Section 104.5 of the International Energy Conservation Code is revised to read as follows: 104.5 Approved inspection agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 104.5.1 Approved agents. Only those third party inspectors who have been registered with the City and have met the requirements of the Building Official shall be accepted as approved energy conservation code compliance inspectors. A list of third party inspectors that are registered with the City to be third party energy compliance inspectors will be available on the City's Development Services website for public viewing. 104.5.2 Requirements for registered third party inspectors. (a) Insurance - Third party inspectors are required to have $500,000 of commercial general liability, with a combined single limit per occurrence provided coverage for property damage and bodily injury. (b) Registration - All third party inspectors are required to register with the City for participation in the City of Corpus Christi Energy Conservation Code Compliance Program. (c) Renewal - All third party inspectors are required to submit an annual renewal and proof of current insurance to Development Services. (3) Section 104.8 of the International Energy Conservation Code is revised to read as follows: 104.8 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the Building Official. 104.8.a Method of Approval. Test results will be accepted by Development Services via electronic submission. 104.8.b Documentation Requirements for Code Compliance Registration with the City shall contain: 1. The name of the company 2. Company address 3. Specific energy improvements offered by company Page 65 of 89 4. Name of registered technician that will be performing the inspection 5. Type of certification that inspector has acquired. Certified HERS Raters or Rating Field Inspectors by RESNET, Performance Verification Technicians certified by Texas HERO, or other certifications that are approved by the Building Official. 6. Certificate of Insurance 104.8.c Documentation Requirements for Inspection Submission: 1. Verification of third party registration 2. Disclosure of inspection results 3. Pass or fail results 104.8.d Time Frame for Submitting Approved Test Results. Test results by a third party inspector in compliance with Section 104.5.1 shall be filed with Development Services, Building Division, prior to the Certificate of Occupancy being issued. 104.8.1 Revocation. The Building Official is authorized to, in writing, suspend or revoke a notice of approval whenever the certificate is issued in error, incorrect information was supplied, or where it is determined that the building, structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (4) Section 108.4 of the International Energy Conservation Code is deleted. Refer to section 14-207 Violations and Penalties. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029763, § 1, 3-19-2013) Secs. 14-252-14-260. - Reserved. DIVISION 5. - FUEL GAS CODE Sec. 14-261. - Fuel gas code. With the following additions, deletions, and revisions, the International Fuel Gas Code, 2015 Edition [including Appendix A, Sizing and Capacities of Gas Piping; Appendix B, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use With Type B Vents; Appendix C, Exit Terminals of Mechanical Draft and Direct -Vent Venting Systems; and Appendix D, Recommended Procedure for Safety Inspection of an Existing Appliance Installation (see International Fuel Gas Code Section 101.3 2009 2015 Edition)], as published by Page 66 of 89 the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Fuel Gas Code for the City of Corpus Christi: (1) Section 101.1 of the International Fuel Gas Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Corpus Christi, hereinafter referred to as 'this code.' (2) Section 106.6.2 of the International Fuel Gas Code is revised to read as follows: (3) 106.6.2 Fee schedule. On plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Section 106.6.3 of the International Fuel Gas Code is revised to read as follows: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows. a. The full amount of any fee paid hereunder which was erroneously paid or collected. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (4) Section 107.2 of the International Fuel Gas Code is revised to read as follows: 107.2 Required Inspections and Testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or notify the permit holder or the permit holder's agent of violations that are required to be corrected. The holder of the permit shall be responsible for scheduling such inspections. a. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping is installed and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. b. Under floor inspection must be called for by the permit holder or the permit holder's agent, and must be made after all the piping under the Page 67 of 89 (5) floor is installed and prior to the concealment of the work. A pressure test may be required on all piping before the inspection is approved. c. Rough -in inspection shall be made after the roof, framing, fire blocking and bracing are in place and components to be concealed are complete, and prior to the installation of wall or ceiling membranes. d. Final inspection shall be made upon completion of the installation. The requirements of this section shall not be considered to prohibit the operation of any heating appliance installed to replace an existing heating appliance serving an occupied portion of a structure in the event a request for inspection of such heating appliance has been filed with the department not more than 48 hours after replacement work is completed, and before any portion of such appliance is concealed by any permanent portion of the structure. Sections 108.1 through 108.4 of the International Fuel Gas Code are deleted. Refer to Section 14-207 Violations and Penalties. (6) Section 108.5 of the International Fuel Gas Code is revised to read as follows: (7) 108.5 Stop work orders. Upon notice from the building official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $2,000 dollars or more than $10,000 dollars. Section 109 of the International Fuel Gas Code is deleted. Refer to Section 14.206(c), Technical Construction Boards, for details on the establishment, duties and powers, and appeals process of the mechanical/plumbing advisory board. (8) Section 403.10.1 of the International Fuel Gas Code is amended by adding a new subsection 403.10.1.1 to read as follows: 403.10.1.1 Prohibited fittings. All threaded bushings shall be prohibited. Page 68 of 89 (9) Section 404.10 of the International Fuel Gas Code is revised to read as follows: 404.10 Minimum burial depth. All underground piping systems shall be installed at a minimum depth of 18 inches (257 mm) below grade. If a minimum of 18 inches (257 mm) of cover cannot be maintained, the pipe must be installed in conduit or bridged (shielded). (10) Section 406.4 of the International Fuel Gas Code is revised to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure measuring device designed and calibrated to read, record, or indicate a pressure loss due to leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Exception: A spring -type mechanical gauge may not be used. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-262-14-270. - Reserved. DIVISION 6. - MECHANICAL CODE Sec. 14-271. - Mechanical code. With the following additions, deletions, and revisions, the International Mechanical Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Mechanical Code for the City of Corpus Christi: (1) Section 101.1 of the International Mechanical Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Corpus Christi, hereinafter referred to as "this code." (2) Section 106.5.2 of International Mechanical Code is revised to read as follows: 106.5.2 Fee schedule. On mechanical systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Page 69 of 89 (3) Section 106.5.3 of the International Mechanical Code is revised to read as follows: 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows: a. The full amount of any fee paid hereunder which was erroneously paid or collected. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (4) Section 107.2 of the International Mechanical Code is revised to read as follows: (5) 107.2 Required inspections and testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. a. Rough -in inspection shall be made after the roof, framing, fireblocking and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. b. Final inspection shall be made upon completion of the mechanical system. Exception: Ground -source heat pump loop systems tested in accordance with Section 1208.1.1 shall be permitted to be backfilled prior to inspection. The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure. Sections 108.1 through 108.4 of International Mechanical Code are deleted. Refer to section 14207 Violations and Penalties. Page 70 of 89 (6) Section 108.5 of the International Mechanical Code is revised to read as follows: (7) 108.5 Stop work orders. Upon notice from the building official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $2,000 dollars or more than $10,000 dollars. Section 109 the International Mechanical Code is deleted. Refer to Section 14.206(c) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the mechanical/plumbing advisory board. (Ord. No. 029343, § 1, 1-10-2012) Secs. 14-272-14-280. - Reserved. DIVISION 7. - PLUMBING CODE Sec. 14-281. - Plumbing code. With the following additions, deletions, and revisions, the International Plumbing Code, 2015 Edition (including Appendix B Rates of Rainfall for Various Cities, Appendix C Structural Safety, Appendix D Degree Day and Design Temperatures, Appendix E Sizing of Water Piping (see International Plumbing Code Section 101.2 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: (1) Section 101.1 of the International Plumbing Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Corpus Christi, hereinafter referred to as 'this code.' Page 71 of 89 (2) Section 106.6.2 of the International Plumbing Code is revised to read as follows: (3) 106.6.2 Fee schedule. On plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Section 106.6.3 of the International Plumbing Code is revised to read as follows: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: a. The full amount of any fee paid hereunder which was erroneously paid or collected. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (4) Section 107.2 of the International Plumbing Code is revised to read as follows: 107.2 Required inspections and testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or an agent of any violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. a. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before any backfill is put in place. b. Rough In inspection must be called for by the permit holder or the permit holder's agent, and must be made after all the piping under the floor is installed and prior to the concealment of the work. A pressure test is required on all piping before the inspection is approved. c. Top Out inspection shall be made after the roof, framing, fire blocking, fire stopping, draft stopping, and bracing is in place and all sanitary, storm, and water distribution piping is roughed -in, and prior to the installation of wall or ceiling membranes. A pressure test is required on all piping before the inspection is approved. d. Final inspection shall be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Page 72 of 89 (5) Section 108.4 of the International Plumbing Code is revised to read as follows: 108.4 Violation penalties. Any person who violates a provision of this code, fails to comply with any of the requirements thereof, or erects, installs, alters, or repairs work in violation of the approved construction documents, directive of the building official, or a permit or certificate issued under the provisions of this code, shall be guilty of a Class C Misdemeanor, punishable by a fine of not more than $2,000 dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (6) Section 108.5 of the International Plumbing Code is revised to read as follows: (7) 108.5 Stop work orders. Upon notice from the building official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $2,000 dollars or more than $10,000 dollars. Section 109 of the International Plumbing Code is deleted. Refer to Section 14.206(c) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the mechanical/plumbing advisory board. (8) Section 202 of the International Plumbing Code is amended by adding the following definition to read as follows: BACKFLOW PREVENTION ASSEMBLY TESTER. A Backflow Prevention Assembly Tester is an individual licensed by the Texas Commission on Environmental Quality under Sections 30.51 through 30.62 of Title 30 of the Texas Administrative Code. (9) Section 301.3 of the International Plumbing Code is amended by adding a new subsection 301.3.1 to read as follows: 301.3.1 Design. The plans and installation of a gray water disposal system providing for the storage of gray water must be designed and certified by a registered professional engineer or registered professional sanitarian. Page 73 of 89 Exception: Bathtubs, showers, lavatories, clothes washers, laundry trays, and condensate water from cooling coils shall not be required to discharge to the sanitary drainage system where such fixtures discharge to an approved gray water system for flushing of water closets and urinals or for subsurface landscape irrigation in accordance with Appendix C. (10) Section 305.6.1 of the International Plumbing Code is revised to read as follows: 305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. (11) Section 312.10 of the International Plumbing Code is revised to read as follows: 312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Sections 312.10.1. 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state - licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the building official within 10 days of the testing. The testing procedure shall be performed in accordance with one of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. (12) Section 606.2 of the International Plumbing Code is revised to read as follows: Section 606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations: a. On the fixture supply to each plumbing fixture, other than bathtubs and showers in one- and two-family residential occupancies and other than in individual sleeping units that are provided with unit shutoff valves in hotels, motels, boarding houses, and similar occupancies. Page 74 of 89 b. On the water supply pipe to each sill -cock, hose bib, or wall hydrant. c. On the water supply pipe to each appliance or mechanical equipment. (13) Section 608.1 of the International Plumbing Code is amended by adding new subsections 608.1.1 and 608.1.2 to read as follows: 608.1.2 Failure to report test result. Upon the failure to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test. (14) Section 608.14 of the International Plumbing Code is revised to read as follows: 608.14 Location of backflow preventers. Access shall be provided to backflow preventers as specified by the installation instructions of the approved manufacturer. If needed, additional access and clearance must be provided to allow for the required testing, maintenance, and repair. Access and clearance must require a minimum of one (1) foot (305 mm) between the lowest portion of the assembly and grade, floor, or platform. Installations elevated more than five (5) feet (1.53m) above the floor or grade, measured from the center line of the valve, must be provided with a permanent platform capable of supporting 500 pounds and provide mechanical support. (15) Section 608.16.4 of the International Plumbing Code is revised to read as follows: 608.16.4 Connections to automatic fire sprinkler systems and standpipe systems. The potable water supply to automatic fire sprinkler and standpipe systems shall be protected against backflow by a double check detector assembly or a reduced pressure principle detector backflow preventer. (16) Section 608.16.5 of the International Plumbing Code is revised to read as follows: 608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a pressure- type vacuum breaker or a reduced pressure principle backflow preventer. A double check valve shall not be used. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. (17) Chapter 6 of the International Plumbing Code is amended by adding a new Section 614 to read as follows: Page 75 of 89 SECTION 614 LAWN IRRIGATION SYSTEMS 614.1 Landscape Irrigation Systems. Landscape Irrigation Systems are required to comply with chapter 344 of part 1 of title 30 of the Texas Administrative Code. (18) Section 708.3.1 of the International Plumbing Code is revised to read as follows: 708.3.1 Horizontal drains within buildings. All horizontal drains shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart. (19) Section 708.3.2 of the International Plumbing Code is revised to read as follows: 708.3.2 Building sewers. Building sewers shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart measured from the upstream entrance of the cleanout. For building sewers 8 inches (203 mm) and larger, manholes shall be provided and located not more than 200 feet (60,960 mm) from the junction of the building drain and building sewer, at each change in direction, and at intervals of not more than 400 feet (122 m) apart. Manholes and manhole covers shall be of an approved type. (20) Section 708.3.5 of the International Plumbing Code is revised to read as follows: 708.3.5 Building drain and building sewer junction. There shall be a two-way double riser cleanout near the junction of the building drain and the building sewer. The cleanout shall be either inside or outside the building wall and shall be brought up to the finished ground level or to the basement floor level. The two-way double riser cleanout at this location serves as the required cleanout for both the building drain and building sewer. The minimum size of the cleanout at the junction of the building drain and building sewer shall comply with section 708.7. 708.3.5.1 Wye cleanout to public sewer. A wye-type cleanout, not less than four inches (4) in diameter, must be extended to grade and located at the junction of the building sewer and public sewer at the property line. (21) Section 708.7 of the International Plumbing Code is revised to read as follows: 708.7 Minimum size. Cleanouts shall be the same nominal size as the pipe they serve up to 4 inches (102 mm). For pipes larger than 4 inches (102 mm) nominal size, the minimum size of the cleanout shall be 4 inches (102 mm). Page 76 of 89 Exceptions: a. 'P' trap connections with slip joints, ground joint connections, or stack cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. b. Cast-iron cleanout sizing shall be in accordance with referenced standards in Table 702.4, ASTM A 74 for hub and spigot fittings or ASTM A 888 or CISPI 301 for hubless fittings. c. A two inch clean out may be used in an island vent configuration with a three inch horizontal branch drain where a vertical vent is not installed pursuant to section P3112.4. (22) Section 710 of the International Plumbing Code is amended by adding a new subsection 710.3 to read as follows: 710.3 Drain pipe sizing. Drain pipes shall be sized according to drainage fixture unit (d.f.u.) loads in Tables 709.1 or 709.2. The size of the drainage pipe shall be determined using the minimum pipe size available in Table 710.1(1). (23) Section 802.1.4 of the International Plumbing Code is revised to read as follows: 802.1.4 Swimming pools. Wastewater from swimming pools, backwash from filters, and water from pool deck drains must discharge to the building drainage system. The discharge shall be through an indirect waste pipe by means of an air gap. (24) Section 802.1.8 of the International Plumbing Code is revised to read as follows: 802.1.8 Food utensils, dishes, pots and pans sinks. Sinks used for the washing, rinsing, or sanitizing of utensils, dishes, pots, pans, or serviceware used in the preparation, serving, or eating of food shall discharge indirectly through an air gap. (25) Section 802.2 of the International Plumbing Code is revised to read as follows: 802.2 Installation. All indirect waste piping shall discharge through an air gap or air break into a waste receptor or standpipe. Waste receptors and standpipes shall be trapped and vented and shall connect to the building drainage system. Page 77 of 89 (26) Chapter 8 the International Plumbing Code is amended by adding a new section 805 to read as follows: SECTION 805 ELEVATOR SUMP DISCHARGE 805.1 General. Discharge of elevator sump sumps shall be to an approved location. (27) Section 904.1 of the International Plumbing Code is revised to read as follows: Section 904.1 Roof extension. All open vent pipes that extend through a roof shall terminate at least 6 inches (mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. (28) Section 913.2 of the International Plumbing Code is amended by adding a new subsection 913.2.1 to read as follows: 913.2.1 Vertical vents. A vertical vent must be installed on the drain line downstream of the island vent configuration, unless the building drain branch line is at least 3 inches (76mm). (29) Section 916.1 of the International Plumbing Code is amended by adding a new subsection 916.1.1 to read as follows: 916.1.1 Minimum size of vent stack with water closet. Every sanitary drainage system receiving the discharge of a water closet must have a minimum three (3) inch diameter main vent that is either a vent stack or a stack vent. Such vent must run undiminished in size and as directly as possible from the building drain through to the open air above the roof. (30) Section 917.1 of the International Plumbing Code is amended by adding a new subsection 917.1.1 to read as follows: 917.1.1 Installation of air admittance valves (mechanical vents) restricted. It shall be unlawful to use air admittance valves, except when conditions prevent the installation of a conventional or island fixture vent system, as determined by the building official. (31) Section 1003.3.1 of the International Plumbing Code is revised to read as follows: 1003.3.1 Grease interceptors and automatic grease removal devices required. A grease interceptor or automatic grease removal device shall be Page 78 of 89 required to receive the drainage from fixtures and equipment with grease - laden waste located in food preparation areas, such as in restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias, clubs, churches, or other commercial food preparation or cooking areas where, in the opinion of the building official, grease could be introduced into the drainage system in quantities that can affect line stoppage or hinder sewage disposal. Fixtures and equipment shall include pot sinks, pre -rinse sinks, soup kettles or similar devices, work stations, floor drains or sinks into which kettles are drained, automatic hood wash units, and dishwashers without pre -rinse sinks. All floor drains located in the food preparation or cooking areas must be connected to the grease interceptor. Mop and service sinks used for the disposal of wastewater from mopping of floor surfaces in food preparation and cooking areas must be connected to the grease interceptor. Grease interceptors and automatic grease removal devices shall receive waste only from fixtures and equipment that could allow fats, oils, or grease to be discharged. (32) Section 1003.3.2 of the International Plumbing Code is revised to read as follows: 1003.3.2 Food waste grinders. In addition to the requirements in section 1003.3.1, where food waste grinders connect to grease interceptors, a solids interceptor shall separate the discharge before connecting to the grease interceptor. Solids interceptors and grease interceptors shall be sized and rated for the discharge of the food waste grinder. Emulsifiers, chemicals, enzymes, and bacteria shall not discharge into the food waste grinder. (33) Section 1003.3 of the International Plumbing Code is amended by adding new subsections 1003.3.6 and 1003.3.7 to read as follows: 1003.3.6 Design criteria and sizing method for custom fabricated grease interceptors. 1003.3.6.1 Flow rate. Grease interceptors will be sized according to the fixture unit flow rate of each fixture discharging into the interceptor. Fixture unit flow rate must be 7.5 per fixture unit. For grease producing fixtures, use Table 709.1 and 709.2 to select appropriate fixture unit value. 1003.3.6.2 Total fixture unit count. When total fixture count has been determined, multiply value by 7.5 per fixture unit to obtain total flow rate. Floor drains installed only for the purpose of cleanup and not used for direct discharge of any grease producing fixture may not be included in the sizing calculations. Hand sinks installed in food preparation and cooking areas only for the purpose of employee hygiene may not be included in the sizing calculations, but must be connected to the grease interceptor. Page 79 of 89 1003.3.6.3 Water seal. Each grease interceptor must have an approved water seal of not less than two inches in depth or the diameter of its outlet, whichever is greater. 1003.3.6.4 Sampling port. A four inch sampling port must be installed downstream of the confluence of the grease interceptor discharge and the building sewer system. The sampling port must be installed perpendicular to the effluent lateral to allow visual observation and sampling. The design location must ensure accessibility of the sampling port for monitoring activities. 1003.3.6.5 Manhole covers. Manhole covers must be 24 inches in diameter, gas-tight, and capable of supporting any vehicular traffic. The manhole covers must have pre -cast concrete rings to extend to grade, as necessary. 1003.3.6.6 Retention time of custom fabricated interceptors. After calculating the required flow rate, the grease interceptor is to be designed with a primary compartment having a seven (7) minute retention time and a secondary compartment having a five (5) minute retention time. Refer to Figure 1003.2.1 for details of construction and inlet and outlet piping arrangements. 1003.3.6.7 Concrete interceptors. Concrete must be a minimum of 3000 PSI concrete. 1003.3.7 Prohibited interceptors. 1003.3.7.1 Carbon steel. Carbon steel grease interceptors are prohibited in underground applications. (34) Section 1003.4 of the International Plumbing Code is revised to read as follows: 1003.4 Oil separators required. At repair garages, detail shops, car washing facilities, factories where oily and flammable liquid wastes are produced, and in hydraulic elevator pits, separators shall be installed into which all oil- bearing, grease -bearing, or flammable wastes shall be discharged before emptying into the building drainage system or other point of disposal. Exception: An oil separator is not required in hydraulic elevator pits where an approved alarm system is installed. (35) Section 1003.4.2.2 of the International Plumbing Code is revised to read as follows: 1003.4.2.2 Garages and service stations. Where vehicles are serviced, greased, repaired, or washed, oil separators shall have a minimum capacity of 6 cubic feet (0.168 m3) for the first 100 square feet (9.3 m2) of area to be Page 80 of 89 drained, plus 1 cubic foot (0.28 m3) for each additional 100 square feet (9.3 m2) of area to be drained into the separator. Parking garages in which servicing, repairing, or washing is not conducted shall not require a separator. Areas of commercial garages utilized only for storage of vehicles are not required to be drained through a separator. (36) Section 1003.5 of the International Plumbing Code is amended by adding new subsections 1003.5.1 and 1003.5.2 to read as follows: 1003.5.1 Design criteria and sizing method. The sizing method for custom fabricated oil and sand interceptors assigns a flow rate of 20 GPM (gallons per minute) for the first bay and an additional 10 GPM for each additional bay. The tank should be designed to have a twelve (12) minute retention time with two compartments. The primary compartment must be 2/3 of the total volume and the secondary compartment must be 1/3 of the total volume. See Figures 1003.5.3 and 1003.5.4 for details of construction and piping arrangements. 1003.5.2 Materials. Concrete used for interceptor construction least 3000 PSI. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029791, § 1, 4-9-2013) Secs. 14-282-14-290. - Reserved. DIVISION 8. - RESIDENTIAL CODE Sec. 14-291. - Residential construction code. must be at With the following additions, deletions, and revisions, the International Residential Code for One and Two Family Dwellings, 2015 Edition (including Appendix E, Manufactured Housing Used as Dwellings, Appendix H, Patio Covers, Appendix J Existing Building and Structures, (see International Residential Code Section R102.5 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary of the City of Corpus Christi, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: (1) Section R101.1 of the International Residential Code is revised to read as follows: R101.1 Title. These provisions shall be known as the Residential Code for One and Two Family Dwellings of the City of Corpus Christi and shall be cited as such and will be referred to herein as 'this code.' Page 81 of 89 (2) Section R105 of the International Residential Code is amended by adding a new subsection R105.10 to read as follows: (3) R105.10 Homeowner's permit. R105.10.1 A permit may be issued to property owners for construction, alteration, installation or repairs within the scope of this code, in a single- family residential building or mobile home owned and occupied by the property owner as their homestead. A permit shall not be issued to a property owner for construction, alteration, installation or repairs to natural gas service systems unless the property owner is a State of Texas licensed master plumber. Section R112 of the International Residential Code is deleted. Refer to Section 14-206 Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals, electrical advisory board, and mechanical/plumbing advisory board. (4) Section R113 of the International Residential Code is deleted. Refer to Section 14-207 Violations and Penalties. (5) Table R301.2(1) of the International Residential Code is revised to read as follows: Ground Wind Design Snow Load Speedd Topo- graphic (mph) effectsk Seismic Subject to Damage From Winter Ice Design Cate- goryr Weather- Frost Line Termitec Design Barrier inga 0 120/ 130 A Depth; b Tempe Underlay- ment Require dh Flood Hazards9 Air Mean Freezing Annual Index; Tempi Negligible! 0 Very 32-40 High N/A 1971 5_1500 71.5 (6) Section R313.1 of the International Residential Code is revised to read as follows: R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses only when Page 82 of 89 three or more attached dwelling units are constructed and transient uses (occupancies less than 30 days) are allowed. Exception: An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13D. Section R313.2 One and two family dwellings automatic fire systems of the International Residential Code is deleted. Section R322 Flood Resistant Construction is deleted in its entirety. See Code of Ordinances, Chapter 14 — Development Services: Part III; Article V — Flood Hazard Prevention Code. Section M1401.4 of the International Residential Code is revised to read as follows: M1401.4 Exterior installations. Equipment installed outdoors shall be listed and labeled for outdoor installation. Supports and foundations shall prevent excessive vibration, settlement, or movement of the equipment. Supports and foundations shall be level and conform to the manufacturer's installation instructions. Equipment installed outdoors must be anchored to supports or foundations to resist the wind loads specified in section R301.2.1.1. (10) Section G2414.10.1 (403.10.1) of the International Residential Code is amended by adding a new subsection G2414.10.1.1 (403.10.1.1) to read as follows: G2414.10.1.1 (403.10.1.1) Prohibited fittings. All threaded bushings shall be prohibited. (11) Section G2415.10 (404.10) of the International Residential Code is revised to read as follows: G2415.10 (404.10) Minimum burial depth. All underground piping systems shall be installed at a minimum depth of 18 inches (257 mm) below grade. If a minimum of 18 inches (257 mm) of cover cannot be maintained, the pipe must be installed in conduit or bridged (shielded). (12) Section P2503.8 of the International Residential Code is amended by adding new subsections P2503.8.1, P2503.8.2 and P2503.8.3 to read as follows: Page 83 of 89 P2503.8.1 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, double check -valve assembly backflow preventer, double -detector check -valve assembly backflow preventer, or pressure-type vacuum breaker assembly backflow preventer must have the backflow device tested and certificated by a Backflow Prevention Assembly Tester before a backflow preventer is placed in service and annually thereafter to ensure its proper operation. The Backflow Prevention Assembly Tester must file a copy of the initial and each annual certification with the building official within 10 days of the testing. P2503.8.2 Failure to report test result. Upon the failure to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test. P2503.8.3 Testing. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventers, double check valve assemblies, double -detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. (13) Chapter 25 of the International Residential Code is amended by adding a new section P2504 to read as follows: SECTION P2504 TOILET FACILITIES FOR WORKERS P2504.1 General. Toilet facilities shall be provided for construction workers and maintained in a sanitary condition. Construction worker toilet facilities of the non -sewer type shall conform to ANSI Z4.3. P2504.2 Location. Toilet facilities shall be provided for construction workers at each construction site. a. The same builder can share one toilet facility with three construction projects on which he/she is permit applicant. b. The construction projects must be within 200 feet of each other to share a toilet facility. c. Each building permit applicant must have a toilet facility for his/her own project. Page 84 of 89 (14) Section P2603.5.1 of the International Residential Code is revised to read as follows: P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. The minimum depth of building sewers and building sewers connected to private sewage disposal systems shall be determined by the code official. (15) Section P2902.5.3 of the International Residential Code is revised to read as follows: P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a pressure-type vacuum breaker or a reduced pressure principle backflow preventer. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. (16) Section P2902.5 of the International Residential Code is amended by adding a new subsection P2902.5.6 to read as follows: P2902.5.6 Pumps and other appliances. Water pumps, filters, softeners, tanks, and all other devices that handle or treat potable water must be protected against contamination. Whenever a pump is connected to the potable water system, the water supply must be protected by either an approved backflow preventer with a low pressure cutoff or the use of water supply tanks with an air gap. (17) Section P2902.6 of the International Residential Code is revised to read as follows: P2902.6 Location of backflow preventers. Access shall be provided to backflow preventers as specified by the manufacturer's installation instructions. If needed, additional access and clearance must be provided for the required testing, maintenance, and repair. Access and clearance must require a minimum of one (1) foot (305 mm) between the lowest portion of the assembly and grade, floor, or platform. Installations elevated more than five (5) feet (1.53m) above the floor or grade must be provided with a permanent platform capable of supporting 500 pounds and provide mechanical support. (18) Section P2903.9.1 of the International Residential Code is revised to read as follows: Page 85 of 89 P2903.9.1 Service valve. Each dwelling unit shall be provided with an accessible main shutoff valve near the entrance of the water service. The valve shall be a full open -type having nominal restriction to flow with provision for drainage, such as a bleed orifice or separate drain valve. Additionally, the water service shall be valved at the curb or property line in accordance with local requirements. Exception: Required for water service lines greater than or equal to 1 1/2 inches. (19) Section P2904.1.1 of the International Residential Code is revised to read as follows: P2904.1.1 When installed, residential fire sprinkler systems shall conform to all requirements of Section P2904. (20) Section P3005.2.2 of the International Residential Code is revised to read as follows: P3005.2.2 Spacing. Cleanouts shall be installed not more than 80 feet (24,384 mm) apart in horizontal drainage lines, measured from the upstream entrance of the cleanout. (21) Section P3005.2.7 of the International Residential Code is revised to read as follows: P3005.2.7 Building drain and building sewer junction. There shall be a two- way double riser cleanout near the junction of the building drain and building sewer. The cleanout shall be either inside or outside the building wall, provided that it is brought up to finish grade or the lowest floor level. P3005.2.7.1 Wye cleanout to public sewer. A wye-type cleanout, not less than four inches (4") in diameter, must be extended to grade and located at the junction of the building sewer and public sewer at the property line. (22) Section P3005.2.9 of the International Residential Code is revised to read as follows: P3005.2.9 Cleanout size. Cleanouts shall be the same nominal size as the pipe they serve up to 4 inches (102 mm). For pipes larger than 4 inches (102 mm) nominal size, the minimum size of the cleanout shall be 4 inches (102 mm). Page 86 of 89 Exceptions: a. "P" trap connections with slip joints, ground joint connections, or stack cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. b. Cast-iron cleanouts sized in accordance with the referenced standards in Table 3002.3, ASTM A 74 for hub and spigot fittings or ASTM A 888 or CISPI 301 for hubless fittings. c. A two-inch cleanout may be used in an island vent configuration with a three-inch horizontal branch drain where a vertical vent is not installed pursuant to section P3112.4. (23) Section P3005.3 of the International Residential Code is amended by adding a new subsection P3005.3.1 to read as follows: P3005.3.1 Minimum velocity. Where conditions do not permit building drains and sewers to be laid with a fall as great as specified in section P3005.3, a lesser slope may be permitted, provided, however, that the computed velocity will not be less than 2 feet per second. Exception: When the drainage system cannot be designed to meet the prescribed code, the system must be designed by a licensed engineer. (24) Chapter 30 of the International Residential Code is amended by adding a new section P3009 to read as follows: SECTION P3011 SWIMMING POOLS P3011.1 Swimming pool backwashes. Wastewater from swimming pools, backwash from filters, and water from pool deck drains must discharge to the building drainage system through an indirect waste pipe by means of an air gap. (25) Section P3112 of the International Residential Code is amended by adding a new subsection P3112.4 to read as follows: P3112.4 A vertical vent must be installed on the drain line downstream of the island vent configuration, unless the building drain branch line is at least 3 inches (76 mm). (26) Section P3113.1 of the International Residential Code is amended by adding a new subsection P3113.1.1 to read as follows: Page 87 of 89 P3113.1.1 Minimum size of vent stack with water closet. Every sanitary drainage system receiving the discharge of a water closet must have a minimum three (3) inch diameter main vent that is either a vent stack or a stack vent. Such vent must run undiminished in size and as directly as possible from the building drain through to the open air above the roof. (27) Part VIII of the International Residential Code is deleted. Refer to the National Electrical Code for one and two family dwellings. (Ord. No. 029343, § 1, 1-10-2012; Ord. No. 029747, § 1, 2-26-2013; Ord. No. 029791, § 2, 4-9-2013) Secs. 14-292-14-300. - Reserved. Page 88 of 89 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter The foregoing ordinance was read for the second time and passed finally on this day of , 2016, 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 ATTEST: Rebecca Huerta City Secretary day of , 2016. Nelda Martinez Mayor Page 89 of 89 Significant Revisions to Chapter 14 - Development Services, Article 11 - City of Corpus Christi Technical Construction Codes City Council Presentation May 10, 2016 Purpose & Methodology For Updating Construction Codes • The purpose of adopting 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. Elimination of City Electrical Licensing Program • Existing ordinance recognizes the State of Texas Electrical Licensing Program administered through the Texas Department of Licensing and Regulation as well as a City legacy Electrical Licensing Program. • City registered Electricians are required to obtain State licenses within ninety (90) days of the elimination of the City Program with no examination requirement. • Reduces administrative costs and assures all Electricians maintain minimal insurance coverage. Elimination of Re -Out Electrical Inspection Requirement • Existing ordinance requires an Owner / Tenant to obtain an electrical permit and inspection if service has been disconnected for more than 90 days in a commercial building or 180 days in a residential building. • Only 2 Cities (Corpus Christi & Victoria) require this type of inspection as a condition to releasing electrical service in AEP's service area (378 Texas Cities). • City Electrical Inspection staff can be better utilized to meet daily inspection requests for new electrical installations. Elimination of 50% Substantial Damage / Substantial Improvement Requirement (Excluding FEMA Requirement) • Existing ordinance requires an entire building be brought up to current code if the building incurs greater than 50% damage or if substantial improvements are proposed in excess of 50% of the building's appraisal value. • The rule is not a requirement of the International Residential Code or International Building Code. • Elimination of the requirement would require all new work to be code compliant while existing building components and systems may remain, consistent with the requirements of the International Code. New Provision to Register Building Contractors • Existing ordinance requires registration of Electrical, Mechanical, Plumbing, Energy and Irrigation Contractors. • Requires registration of all Contractors including Building, Roofing and Pool Contractors. • The database would be used to communicate new City policies and code determinations in an efficient manner via email. • The database will assist in identifying and prequalifying Contractors after a potential damaging storm to begin needed repairs. New Alternate Wind Load Provisions for Commercial Construction • Existing ordinance requires all new Residential and Commercial Project be designed and inspected for wind load by a State registered Engineer approved by the Texas Department of Insurance (TDI). • Allows an Owner / Developer to utilize a State registered Engineer to design and inspect a commercial project in accordance with current TDI standards for construction. • No technical changes or reduction in construction standards for wind load requirements are being proposed. Elimination of 25% Rule for Foundation Design and Certification • Existing ordinance does not require a State registered Engineer to design and certify new residential foundations or repairs where the area affected does not exceed 25% of the original foundation. • The International Residential Code recommends foundations on expansive soils be designed to the International Building Code commercial standards. • Requires all new residential foundations or repairs be designed and certified by a State registered Engineer. New Provision to Require Licensure for Work on Natural Gas Service Systems • Existing ordinance allows an Owner who has a homestead exemption for their residence to obtain permits and perform work on their residence. • Issuing permits to unlicensed, untrained persons to install, repair or alter a natural gas service system can lead to potential property damage as well as to surrounding properties. • Prohibits the issuance of a permit to install, repair or modify a natural gas service system in a residence unless such person is a State licensed Master Plumber. Proposed Time Lines / Key Dates • September 1, 2016 • Aligns with HB 1736 which establishes the 2015 International Energy Code as the State Energy Code effective September 1, 2016. The State Energy Conservation Office (SECO) may not adopt a new Energy Code more often than every 6 years. 10 Questions ? 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 transfers 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 appropriates 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 $1,500,000 lower than budgeted. Expenditures will be adjusted for this reduction of revenue by use of debt service funds 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 FY2016 Allocations % of total 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 Sales Tax Industrial District Municipal Court Revenue Shortfalls Mid -Year Adjustment $ 4,800,000 Expenditure Adjustments r Solid Waste Debt Payment 1,700,000 Development Services transfer Intergovernmental Relations Contracts Operating Expenses (Fuel & Vacant Positions) MIS rebate Fleet rebate 1,500,000 Development Services rebate $ 4,179,000 500,000 151,000 2,144,370 154,950 170,680 700,000 TOTAL $ 8,000,000 TOTAL $ 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 of total FY2016 Allocations Fund GL 5611 Allocation Savings in FY16 Savings in FY17 Total Savings Fund FY15 Allocations General Fund $3,279,981.17 59.77% Enterprise $1,241,727.43 22.63% Special Revenue $464,264.57 8.46% Internal Service $502,142.81 9.15% Total for all Funds $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. 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 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 1 L CM NUMBI1R surf. NUMBER NAME LEGAL DESCRIPTION DEED FILED TOTAI., BASS "fAX DUE CITY 1' & D LIONS DU[? PROPERTY VALUE OPENING 1311)ACCOUNT NUMBER TYPE OFP120Mwry LOCKHON UNRECORDED, OUT OF ['ARIAS GRANT 95 06-3802-9 JAMES C MARTIN ABSTRCT 592 04/10/15 3,521.01 0.001 512,882 52,580 2385-0026-0242 VACANT LOT 4548 SI-IARPS13URG 0,291 ACRE OUT OF SHARES VI) & IX, C.C. 96 09-1210-E HAROLD 0 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 011-1' 00 LOTS 83 & 84 97 08-4291-A E. B. STEPLIENS CAI.ALLEN IRRIGATION GARDENS 08/06/15 6,409.03 0.00 830,000 $6,000 1215-0000-0830 VACANT LOT 5745 RIVER LANE 98 85-6479-0 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 03-7017-0 W. E. 13EALE LOT 21 BLOCK 7 MIDWAY ADDITION 05118/06 1,630.71 6,409,95 510,000 82,000 5175-0007-0210 VACANT LOT 2037 IIUDSON 100 08-1930-11 RAYMOND 13, JONES LO 1' 26 BLOCK 2 MANCHESTER PLACE 07/16/10 5,061.30 6,455,41 58,731 51,750 4740-0002-0260 VACANT LOT 1002 MANCHESTER ER AVE 101 09-3555-11 ROBERT VILLARREAL LOT 2 BLACK 4 SUTHERLAND ADDITION 07/12/11 1,964.45 0.00 84037 5810 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 9,245,61 820,560 $4,120 8299-0006-0140 HOUSE AND LOT 2522 SARrTA 104 08-5353-C FRANK L MARTINEZ LOT 5 BLOCK 2 MANCHES'T'ER PLACE 01/10/12 7,560.83 6,216,22 $58,566 511,720 4740-0002-0050 HOUSE AND LOT 1 130 MANCHESTER 105 09-4839-13 VICTORY GOSPEL INTI LOT 20 BLOCK "13" REYNOLDS ADDITION 04/17/12 7,98214 18,866,50 526,061 55,220 7193-0002-0200 HOUSES AN LOT 2929 CARVER 106 09-4839-13 VICTORY GOSPEL, INTI.. LOT 19 BLOCK "13" REYNOLDS ADDITION 04/17/12 5,064,53. 1,112,35 .829,521 55,910 7193-0002-0190 HOUSE AND LOT 2925 CARVER 107 08-5261-8 FRANK BARNES LOT 9 BLOCK 4 CARVER ADDITION 06/08/12 5,744,72 5,118.52 55,008 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 81,010 4032-0004-0290 VACANT LOT 2529 WAINWRIGHT 109 08-4933-C MARIA DE LA ROSA LOT 27 BLOCK 5 LA ARBOLEDA ADDITION 08/10/12 5,276,83 8,994.89 55,008. 51,010 4032-00(15-0270 VACANT LOT- 2521 MONTGOMERY 110 1)9-1558-0 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 16,540 43 59,375. 51,880 5000-0015-0010 : VACANT LOT 245 OSAGE ST 112 09-2023-C ESTEBAN 00 LEON LOT 22131,0992 L. ARBOLEDA 02/08/13 12,812.21 0,00 544,581 58,920 4032-0002-0220 HOUSE. AND LOT 2634NIMLTZ LOT2_3 BLOCK 4 HIGIITERRACIS 113 09-5958-13 MINIRVA RODRIGUEZ SUBDIVISION 02/08/13. 2,200.63 7,545,43 55,000 51,000 3380-0004-0230 VACANT LOT 2613 GOLIAD 2010DCV- LOT 9 I3LOCK 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 20101)91'- 1 15 5352-0 PATRICIA COLLIER 1,O1' 1113LOCK 1 EL REY ADDITION 03/18/13: 2,03714 4,314.08 57,000 51,400 2277.0001-0110 VACANT LOT 3018 SABINAS 116 06-5158-A THREE S. TRUST LOT I I, I3LOCK 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 R, R013L3INS NE 30 FT OF LOT 20 AND SE 25 FT OF 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 CARROT L 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 IVES (GATE -HEIGHTS 07/10/13 8,040.66 4,797.00 59,798 SI ,900 9475-007-0340 VACANT LOT 3417 WELLINGTON DR 201IDCV- TIIE EAST ONE-HALF 0F. LOT 4, BLOCK 7, 120 4129-0 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, IIILLCREST 121 2153-1) JAMES R. BROWNELL ADDITION 08/14/13 6,783,11 20,612,1 I 57,800 51,560 3443-0017-0010 HOUSE AND LO'!' 1503 STILLMAN AVE 20!) DCV- THE SOUTHEAST 67.46 FEET OE LOT 16, 122 2179-9 SUSANA PUENTE BLOCK 6, ISL REY ADDITION 08/14/13 1,113.86 19,213.00 53,575 8720 2277-0006-0165 VACANT LOT 3001 GREENWOOD DR Linebarger Goggan Blair Sampson, LLP Page 1 of 5 V .I9IHX3 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 09-3631-0 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-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 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'HLER 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 HEIM1989 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-HALF OF 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 I 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 /t 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 I 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 I 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-UALF 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 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 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 11AROLD 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.. LO 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 30 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 2011 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 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 09-3631-0 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-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 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'HLER 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 HEIM1989 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-HALF OF 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 I 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 /t 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 I 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 I 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-UALF 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 Linebarger Goggan Blair Sampson, LLP VN .LNVC1NIFICI -2. NOlIcIIIIDSFICI1VDT1 00 n 00 0' 0 1W' -IN iNno AllEld021c1 AO UM. CITY OF CORPUS CHRISTI 2016 RESALE AUCTION LIST 91-03 '17 ounr s! ifep uopont/ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: April 21, 2016 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Accepting and appropriating grant funds for Emergency Medical Service (EMS) operation CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62; and appropriating $2,951.62 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. PURPOSE: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $2,951.62. This is a direct grant for the benefit of the City's Emergency Medical Service operations. No application was required. The EMS Division will purchase Pet CPR Masks, Bike Medic Radio Headsets and Bike Medic Helmets. This is the fifteenth year the RAC has distributed similar grants. These funds originated from the Texas Department of State Health Services and are routed to the RAC for distribution. Every Emergency Medical Service agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. 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 o 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 $2,951.62 $2,951.62 BALANCE $2,951.62 $2,951.62 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 $2,951.62. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Document Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62; and appropriating $2,951.62 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,951.62. SECTION 2. That $2,951.62 is appropriated in the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. 1 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 2 CBRAC EMS COUNTY Grant FY 2015 Expenditure Report Must be returned to CBRAC prior to issuance of future funding checks Agency Name: CORPUS CHRISTI FIRE DEPARTMENT City & County: CORPUS CHRISTI, NUECES Director/admin of record: Mickie Flores (correct if necessary Re: Utilization of Funds Received from the CBRAC EMS Grant Total amount of allocation this provider is eligible to rec e: $ $2,951.62 Purchase / Expenditures during period June 15, 2015 -Almost 31.2016: $ _17,235.90_ _ (must be > $2,951.62) Type of Item Education Training Supplies Education / Training Computer Equipment Other Operational Expense Other Capital Expense Item Detail /Description Various Medical Supplies See Attached Spohn Invoice Total Cost $ _18,060.82^ $ $ 18,060.82 (Copies of receipts or purchase orders/comrninnents for a1! funds expended MUST BE INCLUDED up to amount being received) *Please prioritize and list anticipated needs for upcoming FY *Please prioritize and list anticipated Tong -term system development needs Name of person completing report (PRINT): Mickie Flores Title: EMS Battalion Chief Administrator's Signature: • �" Name (Print): Mickie Flores • Provide additional separate sheet if necessary Phone: 361-826-3941 FAX: 361-826-4347 Title: EMS Battalion Chief Date: 11-19-15 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 10, 2016 Second Reading Item for the City Council Meeting of May 17, 2016 DATE: April 22, 2016 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director Stacietcctexas.com 361-826-3460 Approve sale of parkland CAPTION: 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) Fountain Park (4938 Moody) to Seaside Builders, LLC in amount of $70,000; b) Mt. Vernon Park (5151 McArdle) to Corpus Christi Retail Venture and Corpus Christi Area Council for the Deaf in amount of $1,763,801.90. PURPOSE: To approve the sale of park properties and authorize the city manager to execute documents to finalize real estate sales transactions. BACKGROUND AND FINDINGS: October 2012 - The Parks & Recreation Master Plan is approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. Three (3) of 27 were repurposed and/or adopted shortly after the plan was approved. June/July 2014 - Public hearings were held at City Council to place the remaining 24 parks on the ballot for approval of voters to sell. During this time, seven (7) additional parks were adopted or transferred to another agency for maintenance and removed from list to be considered by voters. Ballot language for Proposition 3 — Sale of City Parkland for the remaining 17 parks was established. September 2014 - City Council passed a resolution mandating the proceeds of sales were to be reinvested in existing parks and established a process for notification to adjacent landowners prior to each sale. In November 2014, voters approved Proposition 3 to authorize the city to list designated park properties for sale. In early 2015, the City elected the vehicle for selling the properties would be to list them with a licensed real estate broker and negotiate the highest cash offer for each property. Three parks (Caribbean, Kosar and Breakwater) were removed from the list because leases or sales with governmental entities are being explored. The Clower Company (TCC) was identified through the request for qualification process to represent the City in the transactions. The properties were listed for sale in a multiple listing service on January 24, 2016. Signs were posted at the parks and TCC made contact with all entities who had expressed interest in the parks since Proposition 3 was approved. In addition, residents within 500 feet of each park were notified by mail that the park was being listed for sale. While there has been interest in each of the properties, the negotiated cash offers have been received for the seven properties presented today. By state law, the city may only accept the highest cash offer for each property. By city ordinance, the proceeds from the sale of the parks must be reinvested in the park system according to the 2012 Parks & Recreation Master Plan. Home and property owners within 500 feet of each of the parks being considered for sale today were notified via mail of the agenda item and the opportunity to make public comment. In addition, signs were posted in the park noting the time and date of this city council meeting The properties will be sold "As -Is" and the City not incur the cost of removing any existing equipment or buildings as a condition of sale. Any utilities required for development would be modified/improved at the cost of developer/purchaser. Proceeds from the sale of both properties must be reinvested in the park system per the master plan including the improvement of major investment parks and neighborhood parks in the respective planning areas. ALTERNATIVES: Do not approve sale of parkland properties. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contracts for sale of parkland properties Location Maps — Parkland properties 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) Fountain Park (4938 Moody) to Seaside Builders, LLC in amount of $70,000; b) Mt. Vernon Park (5151 McArdle) to Corpus Christi Retail Venture and Corpus Christi Area Council for the Deaf in amount of $1,763,801.90. Whereas, pursuant to Resolution 030211, Ordinance 030253, and Texas Local Government Code section 253.001, an election was held on November 4, 2014 which authorized sale of certain parklands; Whereas, the City entered into a broker agreement pursuant to Texas Local Government Code section 253.014 and the broker has submitted the highest cash offers received; Whereas, as required in Resolution 030278, at least 10 days prior to the first reading of this ordinance, notice was sent to the property owners within 500 feet of the park land to be sold giving notice of the time, date, and location of the council meeting, contact phone number; and a statement that interested parties may appear; and signage was posted at each park; Whereas, Texas Local Government Code Section 253.001 requires the governing body to adopt an ordinance directing the municipality's mayor or city manager to execute the conveyances; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sales of surplus park property are hereby approved: a) Fountain Park located at 4938 Moody to Seaside Builders, LLC in the amount of $70,000. b) Mt. Vernon Park located at 5151 McArdle to Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. in the amount of $1,763,801.90. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. 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: 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 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 Mark Scott Colleen McIntyre Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. Wow Association al REALTORS®, Inc. 2010 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Seaside Builders, LLC. Address: 5433 Erin Drive Corpus Christi, Texas 78403 Phone: E-mail: Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 4938 Moody, CC TX Fountain Park (address) and that is legally described on the attached Exhibit "A" or as follows: A tract of land located at 4938 Moody known as Fountain Park being legally described as Two Fountain Unit 2, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. NCAD Tax ID #8949- 0002-1000. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest ' (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing 70,000.00 (2) Sum of all financing described in Paragraph 4 $ (3) Sales price (sum of 3A(1) and 3A(2)) $ (TAR -1802) 1-1-16 Initialed for Identification by Seller 0.00 70,000.00 and Buyer r - Page 1 of 13 Calpuaer aarrrateo mnq AueeZamaet 7 r heeniW.Ruty LLC I0e4 fip.am.9un.lOe tW,t. TAT6O53. 4601) )372-11771 City of CC reedan-044,46 Butlers Watt Ptlnaa 554 20 AM 4118 Commercial Contract - Unimproved Property concerning 4938 Mood, CC TX Fountain Park B. Adjustment to Sales Price: (Check (1) or (2) only.) Ei (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ N/A per: ❑ (i) square foot of ❑ total area ❑ net area. O (ii) acre of 0 total area 0 net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than NIA % of the stated sales price, either party may terminate this contract by providing written notice to the other party within NiA days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: A. Third Party Financing: One or more third party loans in the total amount of $ . This contract: O (1) is contingent upon Buyer obtaining third party financing. O (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ NIA . ❑ C. Seller Financing' The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ wok. 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 500.00 as earnest money with First Title Co. of CC. c/o J. Reese Buchanan (title company) at 3765 S. Alameda St. #205, Corpus Christi, TX 78 (address) J. Reese Buchanan (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) NIA days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) NIA Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 2 of 13 Ca"Fu51 p.a.nud mug P.daCet.nct 7 "' 6emAuWlw tty LLC, 10W W Po.w but. 101 hunt, TX 75057. 01001 322 1175 env W CC - Faud.w . S.i.W. Guides . 041511 Prided 5 5421 MI 5115 Commercial Contract - Unimproved Property concerning 4938 Moody. CC TX Fountain Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will fumish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against Toss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyers address. B. Survey: Within 10 days after the effective date: t (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. 0 (2) Seller, at Seller's expense, will fumish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. 0 (3) Seller will deliver to Buyer and the title company a true and correct copy of Sellers most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Sellers expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller N/A (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyers Obiections to the Commitment and Survey: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer Page 3 of 13 Computer ganum5 using 445oCemaet7 '4 SemP.aeRmry, LLC, IDCO W Pipalna, Suns 101.1 int 7X 75057.15001 0 22 1120 Cep etCC Few a, 54a04l B44124"-041015 PmMe 5 5121 MA 11181 Commercial Contract - Unimproved Property concerning 4938 Moodyt CC TX Fountain Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seiler may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, Tess any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in its AS IS WHERE Is condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) tf (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer Tess $ 500.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Pa<rggraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration. Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including ail improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 InitIa''ed for Identificattori by Seller and Buyer Page 4 of 13 Carrpxn p.n.nuC vamp A.mcertron 7 "' eemAut,R..ry LLC IMO W Rp.In.. &.i. 101 Hum. TA 7*OS0..000j 372-117e tarty el CC Feimam S.w0i Bulbul • 04181( PRe.e a 64 01 NA One Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within Buyer: (Check all that apply.) ❑ _ _ 1 C1 days after the effective date, Seller will deliver to _•• • 0 (e) plats of the Property; 0 arm (g) if any of the above is in Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than i 0 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 70(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer /r► , Page 5 of 13 Condor pin.,i id tsinp Ma0Corvact 7 '• ham IJORuq LLC. 1060 W P64164 Sul. 101 MnL 77 70037. (100) ]R 1176 Cly GI CC • Fourtam 6.6 4108 04161 Printed 534 22 M1 41! Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. certificates signed not oarlior thap by pack tenant that loacoc cpaco 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent:George B. Clower Cooperating Broker: Mirabel Montalvo & Associates Agent Chris Montalvo Address: P.O. Box 2525 Address: 510 Gordon St. Corpus Christi, Texas 78403 Corpus Christi, Texas Phone & Fax:361-880-4111 361-880-4118 Phone & Fax.;361-765-1725 210-568-6777 E-mail: gbcloweraol.com E-malLchris corpuschris.com License No.:428055 License No.:528565 Principal Broker: (Check only one box) Cooperating Broker represents Buyer. represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay. Principal Broker a total cash fee of: ❑ NA % of the sales price. O NIA Cooperating Broker a total cash fee of: ❑ N/A % of the sales price. . ❑ NIA The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 6 of 13 Concwa ringleted us+np ruleCo,* ct t 1.1 fromriicrisaly LLC 1000 w P pxne Sul. 101 Hunt TX '70051..1100)372..11711 Gty o1 CC Rantoul Seeuoe Woes 0410 Pn11104 0 04 72 IM 111 Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) VI thirty (30j days after the expiration of the feasibility period. ❑ N/A (specific date). ❑ NIA (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At dosing, Seller will execute and deliver, at Seller's expense, a 0 general xi special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer Page 7 of 13 Concha generated to g4aoCoronc17 e1 lromFtoRney LLC, 1060W Fqulne. Sole 101 IMasl. 3X 75053.;50013221175 Cay el CC Frt.-ream • Seasrtae Bolters • 04155 Pnmea 55423 A51 me Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender, (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party 10 whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. (TAR -1802) 1-1-16 Initialed for Identification by Seller , and Buyer , Page 8 of 13 Coeryuter p.n.r.t.d ming AutoCeeiraet 7 w IromAttoR..ry, LLC 10030W Pyp.lrr, But. 101 Hit TX 75673. 03001i 3224175 City el CC Feutnn- Sows* &dam -041611 Peet.d 5 54 23 AA14115 Commercial Contract - Unimproved Property concerning 4938 Moody. CC TX Fountain Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the eamest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) 0 enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, Tess any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; e 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attomey's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. if no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the eamest money, the title company will give notice of the demand by providing to the other party a copy of the demand. 1f the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any eamest money to Buyer and will pay the independent consideration to Seller. D. if the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 9 of 13 Comm/ler p.n.r.1.0 wog AdeCertrict 7'• from /uieR.uy LLC. 1060 W Porlrm Mato 101 Hum TX T6053..600. 3721176 Coy of CC-Foulin 6.4sW. 0,810xf- 041016 Printed 55424/W 4110T Commercial Contract - Unimproved Property concerning 4938 Moody, CC TX Fountain Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attomey's fees; and (iv) all costs of suit. G. 0 Seller 0 Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. (1) any aub3urfaoc: 3truoturc3, pit3, wactc, 3pring3, or improvcmcnt3; (1) whether thc Property b or ha3 bccn u3cd for thc atoragc or dibpo3al of hazardou3 matcrial3-or (7) any throatonod or ondangorod cpocioc or thoir habitat on tho Proporty; 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail retum receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. 0 B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR•1802) 1.1-16 Initialed for Identification by Seller , and Buyer Page 10 of 13 Conpoar p.n.r.1.0u.mp AuloCmtract 7' horttOw1611441y, 1.LC 1060 W Pip.4n., SW* 101 Huta TX 76050,;0001077-1176 Coy of CC • FOW.n • &.nw. BLOOM • 041611 Pnnl.o 5547441.11118 Commercial Contract - Unimproved Property conceming 4938 Moody. CC TX Fountain Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; 0 0 )121 (9) See Attached Addendum to Contract and Exhibit B. Information About Brokerage Services (TAR -2501); and (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 11 of 13 Cenpnm 9.Mralel!sap A.aeCesraelT'• *ram AuoRaaty, 11C. 1060 W Nolo, Sub 101 WM, TX 10053, 160083:1.1176 Cay al CC-fmmaat- Sufiea Smears -04101 Pnrnaa 7 14 25.01411 Commercial Contract - Unimproved Property concerning 4938 Moody. CC TX Fountain Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on May 11th, 2016 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation Buyer: Seaside Builders, LLC. By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 1-1-16 Page 12 of 13 Cozaar p.Mratw wuq +M.Coraractf Rcm4Jo5aaay. LLC. 1550 W NO.," Sub 1011411. IX 75053..5120. 22-117di car of CC-Foukam- S.asWa eul0.n. 041U1 Pied 55425 AM 511 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 98(1) is effective) Principal Broker agrees to pay Mirabel Montalvo & Associates (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: • $ .or ti 2.25 % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker; The Clower Co. clo George B. Clower Cooperating Broker: Mirabel Montalvo & Associatesclo Chris Montalvo By: By: ATTORNEYS Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. O Buyer sends to Seller. Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: D the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: O A. the contract on this day (effective date); O B. earnest money in the amount of $ 500.00 in the form of Title company: Flnt TIlI. CO. nl CC. CIO J. Roots Buchanan By: Assigned file number (GF#): on Address: 3765 S. Alameda St. #205, Corpus Christi, TX 78 Phone & Fax: E-mail: (TAR -1802) 1-1-16 Ca ,pWr B.n.nf.0 wnp A.a000mac17 ^' hrn lht.Ra.8y, LLC. 1080 W POOP", Sun 101 Hurst T% 78053..1600) 332-1178 Page 13 of 13 C8y of CC Fena.n- S.aw. Bolam- O4t810 P..0.0 55. 35 MA u18! EXHIBIT A Fountain Park — 4938 Moody Dr. Corpus Christi, Texas ANC • .4 O • H1 s1 -y 17 Ti Jtl c 1 .s • 41,1 • • 11 31 T! D& aie WO* 1 0 sr a A• ffj„ , ,. 4.4 7111 XJ i• 17 "1 if 71! i• f 1• • • • ►L • FOUNDATION PAR K .. 8949-2-1000 ■ •. t• 4 1 Two Fountain Unit 2 Corpus Christi, Nueces County, Texas THE CLOWER CO. Realtors Commercial & Industrial Brokerage 1 P 0 Bac 2525 Corpus chmee. Tsxn:. 78403 2525 U3611880-4111 Uric. ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and SEASIDE BUILDERS, LLC., ("BUYER") This contract is contingent upon final approval from the Corpus Christi City Council. ?_ Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4_ If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi - Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's_ Buyer's Initial's EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's Buyer's Initial' CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl 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: 2016-41937 Date Filed: 04/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Seaside Builders. LLC 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, a Texas Municipal Corporation 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. Contract #64 Real Estate 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable Controlling Intermediary Motaghi, Moe Corpus Christi, TX United States X Montalvo, Christopher Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 , to certify which, witness my hand and I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Ailik....",....._____ Signature of authorized agent of cont ung business entity , this the day of seal of office. Signature of officer administering oath Punted name of officer administenng oath Title of otficer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6 4,44, TE.XAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. CTexas Association at REALTORS®, Ino. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. Address: c/o 615 N. Upper Broadway, Suite 1100, Corpus Christi, Texas 78401 Phone: 361-888-9201 E-mail: awilson(miller-capital.com Fax: 361-888-8353 Other: idbelle.wbwpc.com and sel wbwpc.com 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 5151 McArdle Rd., CC TX Mt. Vernon Park (address) and that is legally described on the attached Exhibit "A" or as follows: A tract of land containing 6.36 more or less acres being located at 5151 McArdle Road known as Mt. Vernon Park being legally described Mt. Vernon Unit 3, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following saes price for the Property: (1) Cash portion payable by Buyer at closing $ 1,763,801.90 (2) Sum of all financing described in Paragraph 4 $ .00 (3) Sales price (sum of 3A(1) and 3A(2)) $ 1,763,801.90 (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 1 of 13 Computer general. d using AuloCon tact 7 ^', from AvoReany, LLC. 1060 W Pipaane. Suite 01 Must TX 75053 (B00)322-1171 City of CC - ML Vernon - Mier- 030616.o. prtnlet 10 15.55 AM 3/720 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park B. Adiustment to Sales Price: (Check (1) or (2) only.) ❑ (1) The sales price will not be adjusted based on a survey. ® (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ 6.40 per: ® (i) square foot of ❑ total area ® net area. ❑ (ii) acre of ❑ total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: • (i) public roadways; (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) (c) If the sales price is adjusted by more than 10 % of the stated sales price, either party may terminate this contract by providing written notice to the other party within 10 days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: 20 A. Third Party Financing: One or more third party loans in the total amount of $N/A This contract: 12/ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A. ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A, 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 10,000.00 as earnest money with San Jacinto Title Co. of CC (title company) at 520 Lawrence St., Corpus Christi, Texas 78401 (address) Shelly Grahmann (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ o.00 with the title company to be made part of the earnest money on or before: ❑ (1) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buy Page 2 of 13 Cannier pommeled rainy P"toCariraet 7 ". from PutoReelly. LLC. 1060 W. Pipeline. State 10' , ts.t 7X 76053 (800) 322-1178 City of CC • Mt. Vernon- M0er - 030016.ex Prhto& 10:15.55 PM 3/720 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will fumish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ti (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 15 days after the effective date: tf (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer $7,036.25 (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller N/A (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buye Page 3 of 13 Conpulel einentad using N4eCon"eot 7 "1, fromPuloRnity, LLC, t 000 W. Pipeline, &Ma 101, lin, TX 75053, (B00)32241711 Cly of CC - ML Vernon • i05v - 030015.eeni PAntet 10:15'55 N0 3/112015 Commercial Contract - Unimproved Property concerning 5161 McArdle Rd., CC TX Mt. Vernon Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, Tess any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in Its AS is WHERE IS condition with any and all faults. See Exhibit B. B. Feasibility Period: Buyer may terminate this contract for any reason within 120 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer Tess $ 1,000.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified In Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paraaraoh 7B(1) or if Buyer fails to deposit the earnest monev. Buyer will not have the right to terminate under this Paraaraph 7B. CI(2) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller _ and Buye a / Page 4 of 13 Carrel ar generated wing AaaCONrect 7 ^r ham PWoReaIy, L C. 1080 W Amine. Sate 101, Moat, TX 78069, (800) 922-1178 City 01 CC Mt Vumon - 60Mr - 090818.08W PMturt 10:1648 Nd 3!7!2018 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 10 days after the effective date, Seller will deliver to Buyer: (Check all that aooly. ) ® (a) copies of all current leases pertaining to the Property, including an modifications, supplements, or amendments to the leases; will n of 13ay in dill op or botoro oIonf awr isrl (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made or relating to the Property; and (e) plats of the Property; aRet 121 (g) If any of the above Is In Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) Pi (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; mul Wo ivarroooptesaxidxalk ot6 goemlcetramstsmeobowe►tc otbateglx axtbeditop®o>tyxbt dat r GattsOptstiesteboaDeedtiobeoMMIettUd. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. S. LEASES: A. Each written lease Seller Is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and l J C (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buy- V`' , J Page 5 of 13 Conpd.r 0.n.nt.d using MaaConraot 7 "', from P AoR.afy, LLC, 1080 W. Plpol.., &.l. 101,18uµ 7X 78083, (800) 322.1178 CITY 01 CC - MI Vernon - 801.1 - 0308t6.aani Pdrd.k 10.1837 Ni 3/7/2018 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt, Vernon Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. certificates signed not earlier than by each tenant that leases cpaco esteppel-certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent:George B. Clower Cooperating Broker: N/A Agent: N/A Address: P.O. Box 2525 Address: N/A Corpus Christi, Texas 78403 N/A Phone & Fax: 361-880-4111 361-880-4118 Phone & Fax:N/A E-mail: austin acallenreadvisors.c E-mail: N/A License No.:428055 License No.: N/A Principal Broker: (Check only one box) Cooperating Broker represents Buyer. ti represents Seller only. 0 represents Buyer only. 0 is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. u (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: k214.5 % of the sales price. ❑ N/A % of the sales price. ❑ NIA ❑ N/A The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buy ?�i� ' ]G'� Page 6 of 13 Conputer generated using IWoCanwal 7 Item PuloR.a0y- LC. 1080 W. PipeOne, sulk ' 01, Murat, 7X 78053, 0100) 372-1178 Cly ,ICC - M1 Vaman - MIM, - 030010.utni POnted; 101557 P81317R010 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) ti thirty (30) days after the expiration of the feasibility period. ❑ N/A (specific date). ❑ N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a 0 general Vi special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (il) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; and MoGISR>armbeeockfaitextderettodoczimabotanintatiotfothearopeastpeatbritiewskatecionbtkatc (0)xxxict mol Ieiedoox lbec taaitmeoodbpdapaasitpand tb)xspeakiesdimendxiotieneatounbobatemanaktxteposik Axsig oluommutoptionoabatbdeasescthoaxxsnaffeot do (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buys ► 4 7 Page 7 of 13 Codpder vomited wing AuleCeNroo17 ^r. 1mmPutoReoky, LLC, 1080 W. Plpor!o, WM 101, Nus!, TX 76083, (000) 322 1178 Gly of CC - MI. Vinod MANW- 030010 rind What* 10:1860 AM 37712016 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd.. CC TX Mt. Vernon Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum to Commercial Contract - Unimproved Property attached hereto. 13. SALES EXPENSES: A. Sellers Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or Is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer, iy Page 8 of 13 Couputt 0enereled uIlnp Ad.Cemnol 7 TM, ftomAutoR,OOy. LLC. 1060 W. kpefne We 101. iU$L TX 76057, (600) 322-1170 City of CC - ML Vernon - AOI., - 060516,o5ni Printed: 10:1536 AM 31712016 Commercial Contract - Unimproved Property concerning 6161 McArdle Rd., CC TX Mt. Vernon Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the eamest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) 0 enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, Tess any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract, 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buy 4 7 Page 9 of 13 Conputer 0eneraledudn6 AutoConnect 7 TM, from AutoReeky. LLC. 1060 W. Hpoans. & Oa 101, HmiL TX 76003. (600) 722-1175 City MCC ML Vemon • Myr 070616..nd PAn0.d: 10:15:56 AM 7/712010 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller 0 Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. lirnpr.rty Condit on Statement (TAR 11O ) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. O A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. lel B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Bu� SEv Page 10 of 13 Cenputer generated uahrgPutoContrnel 7 ^', from htoReelty LLC. 1080 W Reenter. 8dte 101, Hest TX 70053, (800) 322.1178 City of CC - Mt Witten - Royer • 030810.een1 Printed: 10.15:50 PM 37712018 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) 0 0 ❑ (8) Information About Brokerage Services (TAR -2501); and (g) See Attached Addendum to Contract and Exhibit B. (1) Property Description Exhibit identified in Paragraph 2; (Note: Counsel for the Texas Association of REALTORS'® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer ti may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buy SEl- Page 11 of 13 Computer 0enemtedueln0AutoCordmet 7 ^', trent AutoRe.tty, LLC. 1060 W. Pipe6re, 0utle 101, Heel TX 70003, (000) 322.1176 City o1 CC Mt. Wmon- Idller- 030010.eeei Pdnt.t 10'1510Nil 3/7/2010 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd., CC TX Mt. Vernon Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on May 18, 2016 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation By: By (signature): Printed Name: Title: Buyer: Corpus Christi Retail Venture LP By: CC Retail South Texas GP LLC, its general manager By: InstitutionaTMall Investors, LLC, its sole member By: Miller Capital Advisory, Inc., its manager By (signatur Printed Name: ichard Kobe Title: Senior Vice President- velopment By: Corpus Christi ea Council for the Deaf, Inc. By (signature): Printed Name: Title: By (signature): Printed Name: Scott L- ndreth Title: Authorized Board Member (TAR -1802) 1-1-16 Page 12 of 13 Computer generated using AWOCordracl7 rr. from PWoReety. LLC. 1060 W. Rpefne, Suite 101, Hunt TX 76053. (800) 322.1178 City of CC ML Vernon - Miller 030616 as Printed 10.1600 MI 317120 Commercial Contract - Unimproved Property concerning 5151 McArdle Rd, CC, Texas Mt. Vernon Park AGREEMENT BETWEEN BROKERS (use only II Paragraph 98(1) Is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: • $ ,or ❑ % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: By: Cooperating Broker: By: ATTORNEYS Seller's attorney: Buyer's attomey: John D. Bell / Scott E. Landreth Wood, Boykin & Wolter, PC Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Address: 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78401 Phone & Fax: 361-888-9201 & 361-888-8353 E-mail: jdbell@wbwpc,com and sel@wbwpc.com Buyer's attorney requests copies of documents, notices, and other information: i the title company sends to Buyer. a Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); El B. earnest money in the amount of $ 10,000.00 in the form of on Title company: San Jacinto Title Co. of CC Address: 520 Lawrence St., Corpus Christi, Texas 78401 By: Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 1-1-16 Corryuler geneteted ming N4oConeect 7 0om PNoReety. LLC. 1080 W. lifeline. Guile 101, It nl. TX 76083, (000) 322-1176 Page 13 of 13 City el CC • Mt tlernell - Wef. 030816.emi Printed 1030:00 NA 3172016 EXHIBIT A Mobr..� Moms E",:.•sx>~—z ;rte eyed of .aiv. Yew' Wrr. a�`• YINa raw are ddy Yews Ye of a..u-1-- Mon �...r .. MY r — YIN u • er 6 of a.a —3 rrrr wy r _ iw•e�• Per Pe r re we w•r� mow• Mara eery ;:..... Y.M.. •.•• •e• •.e, e i.w•: Per key fefee• orlYym edgy No Ye WM Yel eye. WM MY Yoe of Yea Ivy Imm. ••••I(Yeet ••••r OM r•yew Ye dye me V ewe Yr Yee Per .Mn as• Per..• y yrs 19:14,..1, �.... ,.••,. "'�•"..". or • :„ rrr• 011•2••••==•41"�•wq i Petr••=r aero••r•�yr••• err Y•� erodl hydd Yee ay t •l6 p• d Prell MY • Or. . es. aMe nab—Ye. - : IN ey •• .•rrte��-_ aa.s Y•6• ""=my moo; „r•r••f.„: Petr r f� ' drorey r•alp w."r'•.•S vaa =YI r. MO4.••k•/ .Mb s 41.16.1 11••. • laa�r v 1•1•1 yen WI __—a, CY starer 44, i, ir Ynne yyy W. Yam. > =do of Ye te Ye Peer wwr 'mr• r ▪ yler. of r.art am Oiftl. are "vW•Y Per•r 1110 a�•YYee •••• NY &Yon a` be Yrar f.• ^ . -Y .r irmr- •werrr. yd. as yyd loYael EY •••N Pea•.•. 1 •••••••••• � rV •rfISOYordy Imm▪ o M. no aryl em or.. ••• e : Y. ye.— ray oly - r `•M~ � : Yr redyed Om. Mel ••• YrY•. rrrrrrrw"i:r• =dm. �+•• ▪ CirK•0 ari iMap M,16 1212 Reg▪ N If ef r r r••WY Y IY_.w WY Per.' wt fa. Oem • aI I 1nBAN' ENGINEERING 'Si'a'' ALTA/NSPS LAND TITLE SURVEY tleab t�.,'�,jjea. our Pen r N .S. Yen rn_a•7 ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and CORPUS CHRISTI RETAIL VENTURE LP and CORPUS CHRISTI AREA COUNCIL FOR THE DEAF, INC. ("BUYER") , Seller Provisions 1. This Contract is contingent upon final approval and majority vote from the Corpus Christi City Council no later than May 18, 2016. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B and the limited representations and warranties in the Contract. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the eamest money be refunded to Buyer, as its sole remedy. 5. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this Contract, however, the Seller shall not be liable for any such attorney's fees." Buyer Provisions 1. Rezoning of Property. Since the current zoning of RS -6 for the Property does not allow any uses of the Property commensurate with the value agreed for the Sales Price, this Contract is contingent upon the successful rezoning of the Property to allow all uses authorized in CG -2 zoning, save and except a bar, tavern or pub, nightclub, discotheque or pool hall, or any other zoning classification agreeable and acceptable to Buyer. Buyer shall apply promptly for such zoning change and Seller agrees to join in the application as the owner in the manner required by the City's Unified Development Code. 2. Division of Property. Within 15 days of the receipt of the required zoning approval, Buyer shall submit a plat for the Property dividing the Property into two separate lots to be conveyed to the parties comprising the Buyer, within one lot to be comprised of approximately 4.89 acres to be conveyed at Closing to Corpus Christi Retail Venture LP, Seller's Initial's , Buyer's Initial' Addendum Page 1 and the other lot comprised of approximately 1.47 acres to be conveyed at Closing to Corpus Christi Area Council for the Deaf, Inc. 3. Extension of Feasibility Period. In the event that the required zoning approval and plat approval have not been received within the Feasibility Period, the Feasibility Period shall be subject to automatic extension provided that an application for such zoning approval has been filed and remains pending or an application for such plat approval has been filed within the time prescribed above and remains pending. If extended as provided in this Section, the Feasibility Period shall expire 30 days following approval of the final plat by the Corpus Christi Planning Commission. 4. Conveyance of Separate Lots. The Closing shall occur concurrently with filing the approved plat, and Seller shall provide a separate special warranty deed for each such lot to the party designated by Buyer to acquire such lot. 5. Title Insurance. The Seller shall provide an owner policy of title insurance for each such lot in accordance with the provisions of Section 6 of the Contract. The respective party comprising Buyer shall be responsible for the cost of deletion of the survey exception and any endorsements requested by such party. 6. Credit for Council for the Deaf. The Sales Price reflects a credit for the sole benefit of the Corpus Christi Area Council for the Deaf, Inc. for an amount equal to the 29,494 square feet of the Property that currently is subject to a long-term lease in favor of the Council for the Deaf running until 2033. Seller's Initial's Buyer's Initial's Addendum Page 2 S�v EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial' Addcndum Page 4 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: 2016-50910 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Corpus Christi Retail Venture 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 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 64 purchase of Mount Vernon Park land at 5151 McArdle Road 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Wood, Boykin & Wolter, PC Corpus Christi, TX United States X Institutional Mall Investors, LLC Skokie, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. q v;77c;;;• VERONICA C SAL IIS ID# 1207416-8 •C• Notary Public �, le STATE OF TEXAS 'x l My Comm. Exp. 09-06-2016 > P PI x• • Si • re of a forized agent of contracting business entity John D. Bell , this the •— day of May A FIX NOOTT Y STAMP / SEAL ABOE v rt Sworn to and subscribed before me, by the said 20 16 , to certify which, witness my hand and seal of office. • [dm LQ S4lairS r _ Q(1 tobc _ Signature of officer administering oath Printed name of officer administering oath Title of officer` administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 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: 2016-50917 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Corpus Christi Area Council for the Deaf, Inc. 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 govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 64 purchase of Mount Vernon Park land at 5151 McArdle Road 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 AFFIDAVIT I swear, or affirm, 4���umb�Ui �Ot11(A A S,q "", 4. '" " under penaltyof perjury, that the above disclosure is true and correct. P 1 ry. Ti 14 43. `y : Fountain Park 4938 Moody CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Mt. Vernon Park 5151 McArdle CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES .11111/ NNW 11•11 MI AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: April 11, 2016 TO: Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR@cctexas.com 361.826.3220 Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Accepting and appropriating funds from a federal grant for Tuberculosis prevention and control services CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control- Federal(TB/PC-FED) grant in the amount of $48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,669, from the No. 1020 General Fund, to provide tuberculosis prevention and control services for the contract period January 1, 2016, through December 31, 2016 for a total project cost of $58,104; and ratifying acceptance of the grant agreement to begin January 1, 2016. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District ("CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant to the CCNCPHD in the amount of $48,345 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires a cash match of 20% ($9,669) of the grant amount of $48,345. The cash match requirement is satisfied by using the expense line items for travel, supplies, contractual, and equipment in City Org. No. 12615 that has been included in the Health Department General Fund Budget for FY2016. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: None. 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 Budget 9,669.00 9,669.00 Encumbered / Expended Amount This item 9,669.00 9,669.00 BALANCE Fund(s): Health Grants & General Comments: 20% Cash Match required by grant (=$9,669.00) will be satisfied by Fund 1020-102 paying for grant related program expenses: RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin January 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-002508-00 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal(TB/PC-FED) grant in the amount of $48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,669, from the No. 1020 General Fund, to provide tuberculosis prevention and control services for the contract period January 1, 2016, through December 31, 2016 for a total project cost of $58,104; and ratifying acceptance of the grant agreement to begin January 1, 2016. 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 State Health Services in the amount of $48,345, for the contract period of January 1, 2016, through December 31, 2016, to provide tuberculosis prevention and control services with a City match of $9,669, from the No. 1020 General Fund, for a total project cost of $58,104. Section 2: That the grant in the amount of $48,345, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant in the Health Department. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: Further the City Council ratifies acceptance of the grant to begin as of January 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. 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: 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 , 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 th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2016-002508.00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi-Nueces County Public Health District (City) (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract Is $48,345.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 01/01/2016 and ends on 12/31/2016. DSHS has the option, in Its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapters 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: TB/PC-FED Tuberculosis Prevention and Control -Federal Page 1 of 22 7. Statement of Work: SECTION I: FY16 FRAMEWORK FOR DELIVERY OF TUBERCULOSIS SERVICES: The Statement of Work provides the framework to deliver tuberculosis (TB) services within federal funding parameters. A. PROVISION OF SERVICES: Contractor will develop and provide services and associated activities for the prevention and control of TB in accordance withfederal funding requirements. Contractor will perform activities in the Service Area designated in the most recent version of Section 8. "Service Area" of this Contract. Contractor will provide these services in compliance with the following: 1.AII TB and Refugee Health Service Branch (TB Branch) standards and policies on TexasTB.org; 2.DSHS Tuberculosis Work Plan, http:l/www.dshs.state.tx.us/idculdisease/tb/policies/; 3.American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB, 2003, http://www.cdc.gov/mmwr/preview/mmwrhtmVrr5211a1.htm; 4.Diagnostic Standards and Classification of Tuberculosis in Adults and Children, American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376-1395, 2000, http:/fatsjoumals.org/doi/abs.10.1164/ajrccm.161.4.16141#.vrm6roko4dy; 5.Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, http://www.cdc.gov/mmwr/PDF/rr/rr4906.pdf; 6.Updated: Adverse Event Data and Revised ATS/CDC Recommendations against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis infection — United States, 2003, MMWR 52 (No. 31), http://www.cdc.govirnmwr/preview/mmwrhtml/mm5231a4.htm; 7.Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5412a1.htm; 8.Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV -Exposed and HIV -Infected Children, http://www.cdc.gov/mmwr/pdf/rrlrr58e0826.pdf; and 9.Tuberculosis Surveillance Data Training Report of Verified Case of Tuberculosis (RVCT) Instruction Manual, http://www.cdc.govltblprogramslrvct/lnstructionManual.pdf. Contractor will comply with all applicable federal and state regulations and statutes, including but not limited to, the following: 1.Tuberculosis Code, Texas Statutes, Health and Safety Code, Chapter 13, Subchapter B; 2.Communicable Disease Prevention and Control Act, Texas Statutes, Health and Safety Code, Chapter 81; 3.Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Texas Statutes, Health and Safety Code, Chapter 89; 4.Control of Communicable Diseases, Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A; 5.Tubercutosis Screening for Jails and Other Correctional Facilities, Texas Administrative Code (TAC), Title 25, Part 1, Chapter 97, Subchapter H; and 6.Retention of Medical Records, General Provisions Article VIII "Records Retention" and by Texas Page 2 of 22 Administrative Code Title 22, Part 9, Chapter 165, §165.1. Contractor will perform all activities under this Contract in accordance with the most current version of the Tuberculosis Work Plan, detailed budget as approved by DSHS, and all applicable state laws, regulations, standards, and guidelines. Contractor must receive written approval from DSHS before varying from applicable procedures in the Tuberculosis Work Plan. If approval is provided, the Contractor will update their policies and procedures within Five (5) working days so that staff working on activities under this contract knows of the change(s). Contractor will provide TB services to individuals with suspected or confirmed TB disease including persons identified as a contact to a known case or suspect, refugees and class B immigrants regardless of their ability to pay for services. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. http://www.dshs.state.tx.us/contractsicfpm.shtm. B. USE OF FUNDS: Contractor will demonstrate fiduciary responsibility in administering program funds. Contractor will be subject to adjustments in award amounts based on changes to the number of clients served, utilization of funds, or other factors. Contractor will provide a cash match of no fess than 20% of the DSHS share of the total budget reflected in the Program Attachment. Contractor will provide a cash match at the required percentage or DSHS may withhold payments, use administrative offsets, or request a refund from Contractor until such time as the required match ratio is met. No federal or other grant funds can be used as part of meeting the match requirement. Contractor may use federal funds under this contract to support core TB control front-line activities: l.Dlrectly observed therapy (DOT); 2.Out-patient services (tuberculin skin testing, chest radiography, medical evaluation, treatment); 3.Contact Investigations; 4.Contact Reviews; 5.Surveillance; 6.Reporting; 7.Data analyses; 8.Cluster investigations; and 9.Provider Education. Contractor may not use federal funds for: Page 3 of 22 1.Medication purchases; 2.1n -patient clinical care (hospitalization services); 3. Entertainment; 4.Furniture, equipment; or 5.Sectarian worship, instruction, or proselytization. Contractor will: 1. Lapse no more than 5% of the total funded amount of the contract; 2. Maintain and adjust spending plan throughout the contract term to avoid lapsing funds; and 3. Maintain staffing levels to meet required activities of the contract and to ensure all funds in personnel category are expended. Contractors budget will include costs to cover required TB trainings and continuing education training. C. CONDUCT SURVEILLANCE: Contractor will: 1.Contact providers that deliver TB care to at -risk populations within Contractor's service area to obtain data of unreported cases (refer to TB Work Plan, Section IX); 2.Submit Surveillance Quality Assurance Template via the PHIN to the Surveillance Branch (refer to TB Work Plan, Section IX); and 3.Identify high risk groups and congregate settings for which testing for TB infection (TBI) and disease are justified. The goal for target testing is to identify, evaluate, and treat persons who are at high risk for TB infection or at high risk for developing TB disease, once infected with M. tuberculosis (refer to TB Work Plan, Section IX). D. REPORTING: Contractor will: 1.Provide a complete and accurate Annual Progress Report covering the period from January to December 2015, in the format provided by DSHS, demonstrating compliance with requirements of the Program Attachments during that lime period. The report will include, but not limited to, a detailed analysis of performance related to the performance measures (see Section 11 FY16 Performance Measures). The Contractor's Annual Progress Report will not be combined with another Contractor's or health service region's Annual Progress Report. The report is due March 15, 2016, and will be sent to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us (refer to TB Work Plan, Section X). Any individual -level patient data must be sent via the Public Health Information Network (PHIN). Contractors can mail the Annual Progress Report to their DSHS health service region thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to a DSHS health service region, the deadline for submission to the TB Branch remains unchanged; 2.Ensure designated reports for Cases, Suspects and Contact Investigations are submitted by established deadlines and schedules using DSHS-approved mechanisms (refer to TB Work Plan, Section X); Page 4 of 22 3.Submit monthly correctional TB screening reports from those jails and community corrections under Texas Health and Safety Code Chapter 89 Requirements (refer to TB Work Plan, Section X); 4.Submit completed Cohort Review documents for the appropriate cohort year and quarter to the TB Branch via the PHIN (refer to TB Work Plan, Section X); 5.Submit completed Incident Report(s) and weekly written updates for media sensitive situations and or large contact investigations (= 50 contacts, or in a school = 25 contacts) are sent to TB Branch via PHIN (refer to TB Work Plan, Section X); 6.Conduct DGMQ airline contact investigations and report to the TB Branch (refer to TB Work Pian, Section X); and 7.Submit a Report of Adverse Drug Reaction to the TB Branch Nurse Case Manager Consultant (or designee), if a TB Suspect or Case dies or is hospitalized due to an adverse drug reaction (refer to TB Work Pian, Section X). E. MAINTAIN A COMPETENT WORKFORCE: Contractor will provide professional education, training and orientation for new TB program staff and continuing education for current TB program staff to include: physicians, nurses, contact investigators, outreach workers, case registry staff, receptionists, epidemiologists, and other support staff (refer to TB Work Plan, Section XII). Within 90 days of employment, all newly hired employees will complete 40 hours of TB training specific to their duties and responsibilities, as specified in the TB Work Plan. Each year, Contractor must ensure that its employees providing TB services receive 16 hours of continuing education or training relevant to their position. Documentation of all training, including the name of employee, job title, hours of training received, course name, and date of course, shall be retained for each employee who delivers TB services and this information will be made available to DSHS upon request by the TB Branch. The training documentation described above will be listed in detail in the Accomplishments section of the Annual Progress Report (refer to TB Work Plan, Section XII). Contractor will submit a "Notice of Change in TB Personnel" form (Exhibit A) to the DSHS TB Branch no later than the 5th day of each month (see attachment) following a new hire for the Contractor's TB Program. Contractor's case registry staff will attend the TB Surveillance annual medical records conference and workshop to obtain the latest records management procedures. By October 14, 2016, Contractor will submit documents demonstrating its TB employee's acknowledgment of jurisdictional TB policies and procedures. Contractor's orders and procedures are to be reviewed and signed at least annually by all employees delivering TB clinical or data services. Each Contractor will send the following documents to the TB Branch via the PHIN; Nurse Admin folder: 1.A copy of fully signed TB Policies and Procedures signature page, and 2.A copy of table of contents listing all enacted TB policies and procedures with the period of time the policies and procedures are valid. Page 5 of 22 F. INITIATE AND MAINTAIN AUDITING AND QUALITY ASSURANCE PRACTICES: Contractor must ensure that clinical and reporting standards are maintained for audit activities in accordance with Section XVI of the TB Work Plan. Contractors will fully cooperate with any DSHS audits, desktop reviews and site visits. SECTION II: FY16 PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract or any other method of determining compliance in accordance with Section XVII of the TB Work Pian.: 1.Newly-reported TB cases will have an HIV test performed unless the patient is known to be HIV-positive or if the patient refuses. Contractor will report positive or negative HIV test results to DSHS according to the reporting schedule provided in Section 1, D herein. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -1213112015). A compliance percentage of not less than 82.9% is required. If fewer than 82.9% of newly reported TB cases have a result of an HIV test reported, then DSHS may, at its sole discretion, require Contractor to take additional measures to improve performance, on a timeline set by DSHS; 2.Cases, and suspected cases, of TB under treatment by Contractor will be placed on timely and appropriate Directly Observed Therapy (DOT). For FY16 reporting, data will cover ail cases from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not Tess than 91.6% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.6%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to performance, on a timeline set by DSHS; 3.Newly-reported suspected cases of TB disease will be started in timely manner on the recommended initial 4 -drug regimen. For FY16 reporting, data will be drawn from calendar year 2015 (11112015 -1213112015). A compliance percentage of not Tess than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 4. Newly -reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease will have sputum acid-fast bacilli (AFB) -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 91.5% is required. Page 6 of 22 If data indicates a compliance percentage for this Performance Measure of less than 91.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 5. Newly -reported cases of TB with AFB -positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014-12/31/2014). A compliance percentage of not less than 47% is required. If data indicates a compliance percentage for this Performance Measure of less than 47%, then DSHS may, at its sole discretion, require additional measures be taken by contractor to improve performance, on a timeline set by DSHS; 6. Newly diagnosed TB cases that are eligible` to complete treatment within 12 months will complete therapy within 365 days or less. *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY16 reporting, data will cover all cases from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not Tess than 87% is required. If data Indicates a compliance percentage for this Performance Measure of less than 87%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 7. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not Tess than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 6. TB cases with initial cultures positive for Mycobacterium tuberculosis complex will be tested for drug susceptibility and have those results documented in their medical record. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/3112014). A compliance percentage of not less than 97.8% is required. If data indicates a compliance percentage for this Performance Measure of less than 97.8%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 9. Newly -reported TB patients with a positive AFB sputum -smear result will have at least three contacts identified as part of the contact investigation that must be pursued for each case. Page7of22 For FY16 reporting, data will be drawn from calendar year 2015 (1/112015 -12/31/2015). A compliance percentage of not Tess than 92% is required. If data indicates a compliance percentage for this Performance Measure of less than 92%, then DSHS may„ at its sole discretion„ require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case will be evaluated for TB infection and disease. For FY16 reporting, data will be drawn from calendar year 2014 (111/2014 -12/31/2014). A compliance percentage of not less than 82.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 82.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 11. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with TBI will be started an timely and appropriate treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 12. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with TBI and that were started on treatment will complete treatment for TBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000; according to timelines given, therein. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not Tess than 50% is required. If data indicates a compliance percentage for this Performance Measure of less than 50%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate medical evaluation within 30 days of arrival. Arrival is defined as the first notice or report; whether that is by fax, phone call, visit to the health department or EDN notification. For FY16 reporting, data will be drawn from calendar year 2015 (1/112015 -12/31/2015). A compliance percentage of not less than 62% is required. If data indicates a compliance percentage for this Performance Measure of less than 62%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; Page 8 of 22 14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate and complete evaluation within 90 days of arrival. For FY16 reporting data will be drawn from calendar year 2015 (11112015-12131/2015). A compliance percentage of not Tess than 45% is required. If data indicates a compliance percentage for this Performance Measure of less than 45%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US, increase the proportion who start treatment. For FY16 reporting, data will be drawn from calendar year 2015 (11112015 -12/31/2015). A compliance percentage of not less than 64% is required. If data indicates a compliance percentage for this Performance Measure of less than 64%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; and 16. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US and started on treatment, increase the proportion who complete TBI treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS. Contractor will maintain documentation used to calculate performance measures as otherwise required by this Contract and by 22 Tex. Admin, Code § 165.1. All reporting to DSHS will be completed as described in Section I, "D. Reporting" and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor will furnish in the Annual Progress Report a written narrative explaining the reasons for the failure and Contractor's plan to prevent future failures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. SECTION III: BILLING INSTRUCTIONS: Contractor will request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation can be mailed, faxed or sent via e-mail: Page 9 of 22 Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 Fax: (512) 776-7742 E-mail: invoices@dshs.state.tx.us A copy of the invoice must also be sent via email to: CMU.invoices@dshs.state.tx.us and TBcontractingreporting@dshs.state.tx.us Page 10 of 22 8. Service Area Nueces County Page 11 of 22 This section intentionally left blank. Page 12 of 22 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2012 -Solicitation -00064 FY14 TB/FED 11. Renewals: Number of Renewals Remaining: 4 Date Renewals Expire: 12/31/2020 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.116 14. DUNS Number: 069457786 Page 13 0122 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Narrative Reprt Annually January 1, 2015 December 31, 2015 March 15, 2016 Financial Status Quarterly January 1, 2016 March 31, 2016 April 29, 2016 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly April 1, 2016 June 30, 2016 July 29, 2016 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly July 1, 2016 September 30, 2016 October 31, 2016 Reports (FSRs) & Match ReimbursementiC ertification Forms (B-13As) Financial Status Quarterly October 1, 2016 December 31, 2016 February 15, 2017 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Submission Instructions: Annual Report: Submit program reports to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us. Financial Status Reports: Claims Processing Unit, MC1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 The fax number is (512) 776-7442. The email address is invoices@dshs.state.tx.us Page 14 of 22 16. Special Provisions General Provisions, ARTICLE VII CONFIDENTIALITY, Section 7.03 Exchange of client -identifying information, is revised to include the following: Neither Contractor, nor any subcontractor, will transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient, or is otherwise provided by law. DSHS will have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS will keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Chapter 159. General Provisions, ARTICLE 111 SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staff's time supporting this Program Attachment for response efforts. DSHS will reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC} for personnel costs responding to an emergency event. Contractor will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor will notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS, Section 23.04 Nonsupplanting, is revised to include the following: Funding from this Renewal Program Attachment will not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Renewal Program Attachment) state or local funds, but Contractor will use such funds to increase state or local funds currently available for a particular activity. Contractor will maintain local funding at a sufficient rate to support the local program. 1f the total cost of the project is greater than DSHS' set funding, Contractor will supply funds for the remaining costs in order to accomplish the objectives set forth in this Program Attachment. All revenues directly generated by this Renewal Program Attachment or eamed as a result of this Renewal Program Attachment during the term of this Renewal Program Attachment are considered program income; including income generated through Medicaid billings for TB related clinic services. Contractor will use this program income to further the scope of work detailed in this Renewal Program Attachment, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provisions, ARTICLE XIV GENERAL TERMS, Section 14.12 Amendment, is amended to include the following: Page 15 of 22 Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 16 of 22 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-002508-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Exhibit A - Notice of Change in TB Personnel Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services By: Signature of Authorized Oficial Corpus Christi-Nueces County Public Health District (City) By: Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 78756-4204 City, State, Zip City, State. Zip Telephone Number Telephone Number E-mail Address E-mail Address Approved as to form 3 31 tent Ci4 For City Attorney Page 17of22 Budget Summary Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number 2016-002508-00 Budget Categories Program ID: TB/PC-FED Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel 523,520.00 50.00 50.00 523,520.00 Fringe Benefits $13,924.00 $0.00 $0.00 513,924.00 Travel 54,551.00 $814.00 $0.00 $5,365.00 Equipment $0.00 $0.00 50.00 50.00 Supplies $3,331.00 55,600.00 $0.00 58,931.00 Contractual $0.00 $675.00 $0.00 $675,00 Other $3,019.00 52,580.00 $0.00 $5,599.00 Total Direct Costs $48,345.00 59,669.00 $0.00 $58,014.00 Indirect Costs $0.00 50.00 $0.00 $0.00 Totals $48,345.00 $9,669.00 $0.00 558,014.00 Page 18 of 22 Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor Teams that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Organization Name Corpus Christi-Nueces County Public Health District (City) Address 1702 Home Road State Texas City Payee Name Address City Corpus Christi Zip Code (9 digit) 78416 City of Corpus Christi PO BOX 9277 State TX Corpus Christi Zip Code (9 digit) 78469-9277 Vendor Identification No. 17460005741 Payee DUNS No. 069457786 MailCode 027 1. Did your organization have a gross income, from all sources, of more than $300,000 in your previous tax year? ❑ Yes 0 No 2. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes © No 3. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes X❑ No Page 19 of 22 4. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the internal Revenue Code of 1986? ❑ Yes E No If Yes, where can this information be found? If No, you must provide the names and total compensation of the top five highly compensated officers. Example: John BIum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000;Saliy Tom:300000 Identify contact persons for FFATA Correspondence FFATA Contact Person #1 Name Constance Sanchez Email Constancep@cctexas.com Telephone (361) 826-3227 FFATA Contact Person #2 Name Blandina Costley Email Telephone BlandinaC@cctexas.com (361) 826-7252 0 As the authorized representative of the Organization, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. E -Signature Date Ms. Annette Rodriguez 03/24/2016 Page 20of22 Exhibit A - Notice of Change in TB Personnel Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number. 2016-002508-00 Program ID. TB/PC-FED Contract Term: 01/01/2016 -12/31/2016 Program Name: Tuberculosis Prevention and Control Month / Year Local Health Department/Health Service Region Contact Person Phone Number Check all that apply: NEW HIRE NAME CHANGE NEW FTE TRANSFER PROMOTION RESIGNATION RECLASSIFICATION RETIREMENT TERMINATION OTHER (SPECIFY) PERSONNEL INFORMATION Name as Listed on Payroll Supervisor Work Location Phone & Phone Extension Position Title Effective Date New Base Salary Last Physical Day on Duty Summary of Duties Percent Paid by State TB Funds Percent Paid by Federal TB Funds Page 21 of 22 Percent Not Paid by State and Federal TB Funds Page 22 of 22 a,4141I0 aselit mous I Ausmo - UOCuntem raga TEXA De artS P ent of State Health Services CHECK GLOBAL ERRORS 0 EWA Document Information Dc ,01#z-TSP_c-E(:Q:Mt1 Parent Information DCPS-2015-TBIPC-FED-00013 geta4s You are here: s Renewal Menus Epmis Menu CERTIFICATION REGARDING LOBBYING Organization Name Corpus Christi•Nueces County Publ c Health District (City) Contract Number 2016.002508.00 For contracts greater than 5100 000. this attachment is applicable and must be signed as part of the contract agreement. 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 (11 No federal appropriated funds have been paid or will be paid, by or an behalf of the undersigned, to any parson forinlluenong or attempting to influence an officer or an 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 the awarding of any federal contract, the making of any federal grant the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or mod ticalion of any federal contract grant. loan. or cooperative agreement (2) 11 any funds other than federal appropriated funds have been paid or will be paid to any person for Influencng or attempting to influence an officer or employee of any agency, a member of congress federal contract, grantloan, or cooperative agreement the undersigned shall complete and submit an officer or employee of congress or an employee ore member of congress °,n connection with this Standard Form -11, 'Disclosure Form to Repaid Lobbying In accordance with Its Instructions 131 The undersigned shad require that the language otitis certification be included in the award documents lar all subawards at all tiers (including subcontracts subgrants and contrails under grants, loans and cooperative agreements) and that all subreopients shall certify and d sdose accord ngly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of oris certification Is a prerequisite for making or entering into /his transaction imposed by Section 1352, Ile 31, U.S Code Any person who fails to file the required certification shall be subject to a civil penalty al not less that 510,000 and nal more than 5100 000 for each such failure Applicable Non -Applicable Signature of Authorized Individual Dale Navigation Links Dfgrdncaoon Reoard'no Lo bvina a Fiscal Federdj Flinging Account !iii ca t_T nsaarQtisir Act IFFATAI Radriguax, Ms Annette Certification Rodriguez. 10:54 44 AM LJ §iariniurr Pile Genenl Prowsiors J. HDj IMrne- lrarr•snlc riche rotas nnurft dor1Darra9 ocn rrnnthaltAliRllmafhm 73174 .71Cauie 1ltteiClarattts tA.Uarta-000urrlentrage (t• Contract int LJ Exhibit Sharp, Kathy • DCPS Sharp. Kathy • PCPS 12/712015 1:4514 PM 12/71201515011 PM ® Tan of the Paae Powered by IrlteltiGrantSsu dCopyrighi 2000.2016 Ague 5oty aro Inc tMIK•1ldrarde Aeke la.ae sr.dA14a40y.n9 gtm70•nntrt=lrichattaw111.11174 7f; TEXAS DEPARTMENT OF STATE HEALTH SERVICES 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 o r on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an 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 the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form -I 1, "Disclosure Form to Report Lobbying," 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 subrecipients shall certify and disclose accordingly. This certification is a tnatcrial 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 that $10,000 and not more than 5100,000 for each such failure, Signature Dale Print Name of Authorized Individual Application or Contract Number Org• ization Name Rt.bhcfea-e-41 CSCU # EF29-12374 - Revised 2/2006 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: Corpus Christi- Nueces County Public Health District Primary Address of Contractor: 1702 Horne Road Corpus Christi, TX 78416 FFATA Contact # 1 Name, Email and Phone Number: Constance Sanchez Constancep@cctexas. tom 361-826-3227 FFATA Contact #2 Name, Email and Phone Number: Blandina Costley Blandlnac@cctexas.com 361-826-7252 ZIP Code: 9 -digits Required www.usos.com 7 8 4 1 6 DUNS Number: 9 -digits Required www.sam.gov 0 6191415 7 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 7 4 0 0 0 4 0 2 Printed Name of Authorized Representative Margie Rose Title of Authorized Representative Deputy City Manager Signature of Authorized Representative Date -1- department of State Health Services Form 4734 —June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ® No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John BIum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 ARTICLE! SECIION 1.01 SECTION 1.02 ARTICLE II SECTION 2.01 SECTION 2.02 SECTION 2.03 SECTION 2.04 SECTION 2.05 SECTION 2.06 SECTION 2.07 SECTION 2.08 SECTION 2.09 Scampi 2.10 SECTION 2.11 SECTION 2.12 ARTICLE 111 SECTION 3.01 SECTION 3.02 SECTION 3.03 SECTION 3.04 SECTION 3.05 ARTICLE IV SECrtoN 4.01 SECTION 4.02 ARTICLE V SECTION 5.01 SECTION 5.02 SECTION 5.03 SECnoN 5.04 ARTICLE VI SECTION 6.01 SECTION 6.02 SECTION 6.03 ARTICLE VII SECTION 7.01 SECTION 7.02 SECTION 7.03 SECTION 7.04 SECTION 7.05 Fiscal Year 2016 Department of State Health Services Contract General Provisions CONTRACT COMPONENTS »..........»....„.r.................„.„„...........».„.„.».».»..„„„ 4 CONTRACT COIIPONENTS.„.„........„.„....... „...„...„.»...».».„................».«......«..........».«.«.».«.....» «..A ORDEROF PRECEDENCE «.»»..„..................»..»....».............».. .....«....«.....»...» „...».....„.».».»...»4 COMPLIANCE AND REPORTING... .--- 4 4 COMPLIANCE ••••••••••••••••••••••••••• . ....»....„„........„........„..».»»..»........».............»...».«.».«......„......4 PRECEDENCEOF CONTRACT TERMS ..»......„....» ..............„»..».«.«....«. «.»..»».„. „«.„ ......».......».4 EFFECTOF LEGISLATIVE CHANGES....»...».».»................».»».......«..».««........„.„..........„.....«„.4 COMPLIANCE WITH REQL IREMENTS OF SOLICITATION DOCL MENT ...«.....«.......«...... .....„.„....».»..«„......» 4 REPORTING..„....„.....».......».»»..„..........« . »«.............«.».».».«.„.„....„.......»........«.»„....„.4 APPLICABLECONTRACTS LAW AND VENL E FOR DISPUTES „....„.„.„..........„...............»....».».............„....»4 STATUTES AND STANDARDS OF GENERAL APPLICABILITY .« „.„.»»..»..„.„..... „..»4 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS »........«.....6 Cnit. RIGHTS FOLIC' AND COMPLAINTS.. .« „. „.......„..».„.».„.».».....„ 7 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS...»« FUNDINGOBLIGATION ... ..„.».„........„.„...„..„....„.. ,,.„..»„.»..„, ....«.» ............»........ 7 WIIISTLEBLO►►ER ACT PROTECTION ».„._._.„ ...„....„......«, 7 SERVICES.....„......»............»....».».......„.„..........»....»,...„», ....«„..„«„»....„.».„...... 7 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES ...... ....».....„....„.».._ „» .„.»».„.» .«« 7 DISASTER SERV ICES » ......... ._».».» .. ...«.« ..«..„.«..«..........«.«.„.....8 CONSENTTO MEDICAL CARE OF A M NOR....».».».».».......„......„..............«.»....«..«........»...... 8 TELEMEDICINER'ELEPSYCHIATRY MEDICAL SERVICES ..................»..». 8 SERVICES AND 1NFOR.►,ATION FOR PERSONS WITII LIMITED ENGLISH PROFICIENCY- .............. „9 FUNDING..„...„.....»...„....»....».....„.„....».«...»........„....................„«.9 DEBT TO STATE ANO CORPORATE STATUS..„.... APPLICATION OF PAYMENT DUE .».»......»......... »....»..... «............................. «...... 9 ...».».»..........„ 9 PAYMENT METHODS AND RESTRICTIONS»...».».„.„...„.„....«.«..«.«.«.« 9 PAYIIENTMETHODS.„....„....„...„„„....... ... «.........«.......».«..«.„ „.9 INVOICE/$ILLING SUBMISSION .... ................«.«............«............ -..-.-.-----------........-.-.------9 FINALINVOICE/BILLINGSUBMISSION .....».»»...............„. ........»«...•..«.«»..».«.« 10 THIRDPARTY PAYORS .«....«.«......«.....».„..« 10 TERMS AND CONDITIONS OF PAYMENT ...««.».....»»...... »......„....„.«.„.......».»....„..... ».».»......» 10 PROMPT PAYMENT «.«.«....«,......« PAYMENT BYDEPARTMENT „.„.......„ ...« ...................«.............„.„».10 WITHHOLDINGPAYIIENT5..»....»..««...... »..«............».»............ -.....-.„»»»....».»...„.„ ......„.„.„.„.»...11 „.10 CONFIDENTIALITY••••••••••••••••••.••••••••••••••• ......... •••••••••••••••••••••• ..... •-•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• i MAINTENANCEOF CONFIDENTIALITY ...... ......».».«».. „.„.».....».... .„...«.....„.„.„....»........»........1I DEPARTMENT ACCESS TO PHI AND OTHER CONFIDENTIAL INFOIL%2ATIOY ....» ... „....„.«.«....11 EXCHANGE OF CLIENT -IDENTIFYING INFORMATION .»„.«.«.««.«.«„...«.«.„.».....».„...»..„..».„.....».»»...»..11 SECURITYOFPATENTOR CLIENT RECORDS ....«...............».»».„.»....... ..»...».» . «.«.«.«....«..»...11 HIV/AIDS MODEL WORKPLACE GUIDELINES ».„.„...„.».»..»..».»....«......„«....»....«.«»....«..» ..„.».«....12 General Provisions (September 1, 2015) ARTICLE VIII SECTION 8.01 ARTICLE IX SECTION 9.01 ARTICLE X SECTION 10.01 SECTION 10.02 SECTION 10.03 ARTICLE XI SECTION 11.01 SECTION 11.02 SECTION 11.03 SECTION 11.04 SECTION 11.05 SECTION 11.06 SECTION 11.07 SECTION 11.08 SECTION 11.09 ARTICLE XII SECTION 12.01 SECTION 12.02 SECTION 12.03 SECTION 12.04 SECTION 12.05 SEcrIUN 12.06 ARTICLE X11I SECTION 13.01 SECTION 13.02 SECTION 13.03 SECTION 13.04 SECTION 13.05 SECTION 13.06 SECTION 13.07 SECTION 13.08 SECTION 13.09 ARTICLE XIV SECTION 14.01 SECTION 14.02 SECTION 14.03 SECTION 14.04 SECTIoN 14.05 SECTION 14.06 SECTION 14.07 SECTION 14.08 SECTION 14.09 SECTION 14.10 PUBLIC INFORMATION ACT .......».»..».» TEXAS PUBLIC INFORMATION ACT RECORDS RETENTION ..»».................».» RETEYTION 4444 »..........»....». ..»..».».».».... »...»...».» 12 ....„.44 ......44 12 4444.4444. «. ».».......... «....4412 4444..„. ......... «..«4444«.« ..... 44«..44 .......... «.44....«44..».12 ACCESS, INSPECTION AND AUDIT OF RECORDS.......«.«.«.«.....»«.....«.».».........„4444»..„...........».1I ACCESSAND INSPECTION .....«.. «.44..«.. 4444«.»..44«...44...44.»44....».»._»..»»_ ._..».».»......».«.«. 44.44...»...».13 STATE AUDITOR'S OFFICE....«......«.........«........«...................44.44.»....«.......«...«.... 13 RESPONDINGTODEFICIENCIES ...«.«...».....».„.„«.«.„.«.«.«..«..«....... ».«._.„.«...»....... »..««..«.»..... .......».13 REPORTING REQUIREMENTS 44.44 .» ».».».»....»»...»......». 13 CHILD ABUSE REPORTING REQUIREMENT .....»...... 13 SIGNIFICANT INCIDENTS «.«.............« «..«....« .....«........... «444_ ........... „4444« .......... »...._....».» 14 LITIGATIONwoos ..... »........»....».......».......».»._.»..».......... ».»..114011.1.600.4.00600•.».„.....................«..........44...44.......44 14 CONTRACT OR LICENSE ACTloN AGAINST THE CONTRACTOR ..«4444„..........«.«..».»« .«.« 14 INSOLVENCY•••••••••••••••••••••44444•••••••••••• ...... ••••••••••••••••••••••••••••••••••••••• ..... 4•44444 14 PERFORMANCEMALFEASANCE .. _..»...».»»....».»......»....»....»........_._.. »..........„4444» 4444.„. „.. 14 CR1311NAL ACTIVITY AND DISCIPLINARY ACTION«....................44.....44.«.«.«....».....«.«......4.„... 15 RETALIATION PROHIBITED »..«.«.«..»...«.«........ „._....« ...............444...44.....«....44 _.»._...15 DOC113[EhTATI• l•••••••••••••••••• ..... 44444444••••••••••••••••••444 15 ASSURANCES AND CERTIFICATIONS...».«.«..»»........«..«.».».................«.... CERTIFICATION .._._.»....... ».......... »..»».» 4.15 .....-.»...».4444.».„.».................44.«..«...44..44.«.»....44................15 CHILD SUPPORT DELINQUENCI Es .„„.„.44.........44... ..... 16 AUTHOR17. TION .........44 ...................«...44.44.....« 44..............«444..4. ..».44-44.. 16 GIFTS AND BENEFITS PROHIBITED .„ _.44.16 INELIGIBILITY TO RECEIVETHE CONTRACT . ANTITRUST ..... ................... »......._».. -444.«_. ».16 17 GENERAL BUSINESS OPERATIONS OF CONTRACTOR ..„....« .44.« 4444«.».»...._.44. 17 PROGRAMSITE . »..._.....»..». ...._.».......».._.....»» ....»..._..»....».»..». »...._._.. _.-44.._ 17 HISTORICALLY UNDERUTILIZED BUSINESSES (IlUas) 44.44.« .„ 17 BUY TEXAS ...»..».«........».»..... .......» 17 STATUS OF SUBCONTRACTORS.»»._.»..«........_....«.»......._................».». 4444.«. «„..17 1NDErENnENTCoNTRACTOR .._...........»..».. » ..............44. 44.«.....«....».«.».....».........«.» 444418 TAx LIAs1ure ..»....4...„...„. ..... 4444 ...6464« ....»».....».»..».» 18 NOTICEOF ORGANIZATIONAL CHANGE...«.......„........«.....„.„«.....«....„.«...........«....«..« 18 No ENDORSENI ENT ..........».«.«.« ................»«.........«...».44...44.«.«.44. ........44...._....»-4444. 18 F. -VERIFY SYSTEAI.....«...«.«.......«.«...»..».«........«.«.«.«.«.....«....... ».18 GENERALTERMS.................»....»......».«..44.«.«.»....»............».».» .».».»....»_.»......».» ..»......».....18 ASSIGNMENT ..... 44-44«..«„....«....44.44-44...44-44»..44.» .«...«44.«..44....44.«.....44.«..44.......».64 ..._.... 18 LOBBYING. .44.....44.......«.... ....«...«».44 -44444.«....444444««.«....« 19 CONFLICTOFINTEREST ..««.«.«4444_....44.44..«.44.44..«.«...«.«.44»«.. ..4....« 1.446«._4..4„.».„« 19 TRANSACTIONS BETWEEN RELATED PARTIES 44.44.. »...._.»..»...«„ „.„.„4444 „. ... 20 INTELLECTUAL PROPERTY 40-.40....«..»..4444.«.„..«.».«...4„„4444.«..44.«.«.44.44.....«..«.»....44.444-4 .. ».».....20 OTHERINTANGIBLE PROPERTY ...«.........«.......4 .4440444444.44 444444 ............«4».«.„...... ...... «.„.._« 21 SEVERABILITY AND A.MBIG111'rY .„.......«...«.....«....«.„... ..„4444„4444...„......... »..._.............».........» . 21 LEGAL NOTICE ......................„........4444.»44.44...».......».» ... «.. «. «... 44...... ... 21 SUCCESSORS...»...................._.._.».»....»..».»..._....»..._.».»»_....»._ _.4444... ..._.».«..»._. 4444.».».21 SURVIVABILITY OF TERMS ........» -4444..».»...... »._.»..»........._...»..«»».»....«.» .»..,.21 General Provisions (September 1, 2015) 2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SEcrioN 14.17 SECTION 14.18 SECTION 14.19 SEcrioN 14.20 SecrloN 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SEcrION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SECTION 16.02 SECTION 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 ARTICLE XVIII SECTION 18.01 SECTION 10.02 SECTION 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECTION 19.04 SECTION 19.05 CU5TOSIERSERVICE INFQR.►1ATION.............«......................»..............................•••••• 21 . ASIENDSIon- «.«.«..............._.•••••••••••••••••••••••••.•••••• ......................«» ...«.«........«....21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL »........«.».«.«.«..».21 UNILATERALAMENDMENT «..«....««..»«.»...........».... ...................... «.«........... »...._....»... 21 INTERIMEXTEN5ION A.M END]1 ENT ....«...«.«.«««._._....«._.« ...... ....«.«....... ».».»..««»»........... »....«......... 22 IMMUNITYNOT WAIVED «.«..».«.«.«..« ...... «.«.«.....».«....«.«...... ....»........»«....« ........................._._.»....«...2I HOLDHARMLESS AND INDEMNIFICATION...........»._..»...«.«..................__._...._._......................«..«.... 22 WAIVER .«....«._..«...........«............».»..«....»..«.«.»«......................«.«.«........ «. ._. II. .».......« 22 ELECTRONIC AND INFOR.%IATION RESOURCES ACCESSIBILITY AND SECURITY STANDARDS ....».__...» ...« .» 22 FoacEMAJEURE .............. ......«._...... .........«..«.«..........»...........«..»....... 24 COOPERATION AND COM IUNICATION ..«.»..«.«.«....«.._.».»».«. .« 24 INSURANCE».......» ..... ..». .«........_.«.».«.».«_» ...._._..................«......_24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE .25 ACTIONSCONSTITUTING BREACH OF CONTRACT ..««....».................«.....«...... _».«.«....»....25 GENERAL REMEDIES AND SANCTIONS ........ _.«.»......... «.«.. «.........._ .»....25 NOTICE OF REMEDIES OR SANCTIONS ..............»....«.»....».......»........« 26 EMERGENCY ACTION .._» ..... «....... »...... «..«.«.«..».«.».«.«....«..............«»....«....«......»............... 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE»«.«.«....«...»..«.».«.«...«.«....«....27 BREACH OF CONTRACT CLAIM ...«....«.«....»...... «.... .«....._.».».». .»....»....«.......»._««.«.»......«27 NOTICE......«...»» «.«.«....«. »._..............._.......................... ._.._._........«.............. «..«...»«.27 PERFORMANCE NOT SUSPENDED .«........... ...,«..««.«.«..««.«_........«........ 27 TERMINATION AND TEMPORARY SUSPENSION ..«...... ....... EXPIRATION OF CONTRACT oa PROGRAM ATTACHMENTS ....«............».«.«.«..»....».....» 27 EFFECT OF TERMINATION OR EXPIRATION .........».»..».»...» ...» ».......»..... 27 TERMINATION OR TE.►1PORARY SUSPENSION WITHOUT CAUSE..........»....«.«.«....«...«..«»..................«.....»27 IMMEDIATE TERMINATION «..«......«....«..........». ................ ........ ... .............»......» 28 TERMINATION FOR CAUSE _«..«....«........«.».«.».».».»...».....« ...« 28 NOTICEOFTERM INATION»..... ».»«.«....... «.«.«..... «..«.»......... »....«....«....«.«.«..«..... «..«. ... .............. 28 VOID, SUSPENDED AND TER,ddINATED CONTRACTS .«..« ...................«....«....«..........». .«...28 VOIDCONTRACTS ...........».....»..........«.«.......«................«................».«.«..».».».«.»...28 EFFECT OF VOID,SUSPENDED, OR INVOLUNTARILY TERMINATED CONTRACT - 28 APPEALS RIGHTS FOR DSHS FUNDED BLOCK GRANTS .»...»......... .. .......... .........«........«.«..«.28 CLOSEOUT 28 CESSATION OF SERVICES AT CLOSEOUT ...«.».«.».._.»._...._.«.._.« ..... ».......«....... _......._....... «........... ».».... 28 ADMINISTRATIVE OFFSET .«........« ................. ».«..._........«.«.«.................. .. ..... »........»................ 29 DEADLINE FOR CLOSEOUT _......................»..... »...«» 29 PAYMENT OF REFUNDS «.« .«.« ..».....«.........«.»..«...«..«....» ....«.... 29 DISALLOWANCES AND ADJUSTMENTS «..«.«.«..«.«.«.».». «.«»................ ...._. ...... ......«.«..«....29 General Provisions (September 1, 2015) 3 ARTICLE 1 CONTRACT COMPONENTS Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a. The Contract, including any applicable Program Attachment(s); The Department of State Health Services Fiscal Year 2016 General Provisions (General Provisions) and if applicable; c. The solicitation document, if applicable; and d. The response, proposal or application submitted by Contractor in response to the solicitation document, if applicable. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict shall be resolved in the above order of priority in Section 1.01. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance. Contractor shall comply and require its subcontractor(s) to comply with the requirements of these general provisions and all other applicable state and federal statutes, regulations, rules and executive orders, as such statutes, regulations, rules and executive orders including as such statutes, regulations, rules and executive orders may be amended. Section 2.02 Precedence of Contract Terms. To the extent this Contract imposts a higher standard or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of thc contract include in its contracts that are a result of legislation during the tern of this Contract. Section 2.04 Compliance with Requirements of Solicitation Document. If applicable and except as specified in these General Provisions or the Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Panics agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also provide any other information requested by the Department in thc format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the contract or upon request may constitute a breach of contract, result in delayed payment and/or thc imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable General Provisions (September I, 2015) 4 to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 ct seq.; 5. Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (bXI ); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Codc Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR. pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 ct seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Lawl 13-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; c. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Codc Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tcx. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) 5 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et scq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the usa of lead-based paint in residential construction or rehabilitation; n. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; o. Titles II and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et scq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreemcnts; s. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et scq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBS), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.01; General Provisions (September 1, 2015) 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: 1. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Policy and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten calendar days after Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 51" Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 HHSCivilRiuhtsOffice(ahhsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 2.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction shall include instructions and derailed information on haw DSHS shall fund the services and/or goods to be procured with the restricted or reduced funds. Section 2.12 Whistleblower Act Protection. This Contract is required to include the Whistleblower Protection Acts (See Section 2.07(v)) protections to grantees, their subgrantees and subcontractors, and contractor must inform their employees of whistleblowers' rights and remedies. The requirement is in effect for all grants, contracts, subgrants, and subcontractors issued beginning July 1, 2013 through January 1, 20I7. ARTICLE Ill SERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who arc housed in Department -licensed and/or -funded residential facilities and arc 22 years of age or younger, have access to educational services as required by Texas Education Code § 29.012. General Provisions (September 1, 2015) 7 Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or biotcrrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; c. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital cart and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1 Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall carry out disaster scrviccs in the manner most responsive to the needs of the emergency, in the most cost-effective, and least intrusive manner to Contractor's primary scrviccs. Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor undcr this Contract, tither directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32 relating to consent to treatment of a child by a non -parent or the child or other state law. If requirements of federal law relating to consent directly conflict with this Chapter, then federal law supersedes state law. Section 3.04 Telemedicine/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses telemedicine tclepsychiatry that the scrviccs arc implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing -telemedicine service must include the following requirements: a. Clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and General Provisions (September 1, 2015) i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Contractor shall identify and document on the client records the primary language/dialcct of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for thc services of a translator or interpreter. c. Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise thc effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. a. Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, if a corporation, certifies by execution of this Contract that it is current and shall remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with thc Secretary of State's office. c. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during thc Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract shall be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed pricc or a specified) or fee for service (delivery of a specified unit of service) as stated in the Contract. Section 5.02 Invoice/Billing Submission. General Provisions (September 1, 2015) 9 a. Contractor shall bill the Department in accordance with the Contract in the form and format prescribed by DSHS. If applicable, thc Contractor must submit of all required documentation, reports, forms and/or deliverables in order to receive payment from the Department. b. Unless otherwise specified in the Contract or permitted under the Third Party Payors (See Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following the end of the month covered by the bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final Invoice/Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 45 calendar days following the end of the term of the Contract. Section 5.04 Third Party Payors. Except as provided in this Contract, Contractor shall screen all clients and may not bill the Department for services eligible for reimbursement from third party payors, who arc any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Contractor shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that arc otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; c. Maintain appropriate documentation from thc third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department shall pay Contractor. Payments arc contingent upon a signed Contract and shall not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If these conditions are met, Department shall make payment in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251). Contractor acknowledges and agrees that it shall comply with the provisions in the Texas Prompt Payment Act regarding its prompt payment of its financial obligations to its subcontractors. Section 6.02 Payment by Department. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance nor foreclose the right of the Department and HHSC to recover excessive or illegal payments. All invoices and Contractor's performance arc subject to review and audit by thc Department. General Provisions (September 1, 2015) 10 Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset overpayments that Contractor has not refunded to Department. Department may take repayment from funds due to the Contractor for services performed or goods delivered in amounts necessary to fulfill Contractor's repayment obligations. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state law, rules and regulations, including but not limited to. a 7 Code of Federal Regulations (CFR.) Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); b. Texas Health and Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Panics, is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to the Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any other applicable federal or state laws, rules or regulations Contractor shall disclose information described in Texas Health and Safety Code § 614.0170)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records are managed in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Contract to General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 11 this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient ar client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract ar a Contract to this Contract, as applicable or if care or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV AIDS (human immunodeficiency virus:acquired immunodeficiency syndrome), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. A link to the Model Workplace Guidelines can be found at: http://www,dshs.state.tx.uslhivstd/policvipolicies.shtm ARTICLE VIII PUBLIC INFORMATION ACT Section 8.01 Texas Public Information Act. The Contractor understands that DSHS shall comply with thc Texas Public Information Act (Texas Government Code Chapter 552). If the Contractor is not a state agency, institution of higher education or other governmental entity, then the Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to thc state. ARTICLE IX RECORDS RETENTION Section 9.01 Retention. a. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall maintain all records, including but not limited to financial that arc generated or collected by Contractor under the provisions of this Contract for a period of four years after the termination of this Contract. b. If the federal retention period for services are funded through Medicaid is more than four years, then the Contractor will retain the records for longer period of time. c. Contractor shall retain all records pertaining to this Contract that arc the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit arc resolved. d. Contractor shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. e. Contractor shall include this provision concerning records retention in any subcontract it awards. f. Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stoned and arc accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the dale this Contract terminates, whichever is sooner. g. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 12 Section 10.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at 1-IHSC (OIG) and thc State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services arc performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If deemed necessary by the Department or the 01G, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 10.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of thc SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information thc SAO considers relevant to the investigation or audit. The SAO's authority to audit funds shall apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance (Sec Article XV). ARTICLE XI REPORTING REQUIREMENTS Section 11.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: a. Human Immunodeficiency Virus/Sexually Transmitted Diseases (HIV/STD); b. Family Planning; c. Primary Health Care; d. Maternal and Child Health; and c. Women, Infants and Children (WIC) Nutrition Services. All Contractors shall comply with child abuse reporting guidelines and requirements in Texas Family Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 13 Contractor shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.us/childabuscreporting as required by the Department. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. This section is in addition to and docs not supersede any other legal obligation of the Contractor to report child abuse. Section 11.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Contract significant incidents involving substantial disruption of Contractor's program operation or affecting or potentially affecting the health, safety or welfare of Department funded clients or participants within 72 hours of discovery. Section 11.03 Litigation. Contractor shall notify the contract manager assigned to this Contract of litigation related to or affecting this Contract and to which Contractor is a party within seven calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, which includes but is not limited to environmental and civil rights matters, professional liability and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 11.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the contract if Contractor has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three working days of the suspension or termination. Such notification must include the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of thc contract; d. Datc of suspension or termination; and e. Contract or case reference number. If Contractor has surrendered its license or has had its license suspended or revoked by any local, stale or federal department or agency or non-profit entity, it shall disclose this information within three working days of the sun -ender, suspension or revocation to the contract manager assigned to the Contract by submitting a one- page description that includes the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 1I.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Contract of Contractor's insolvency, incapacity or outstanding unpaid obligations to thc Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three working days of the date of determination that Contractor is insolvent or incapacitated or the date Contractor discovered an unpaid obligation to the IRS or TWC. The Contractor shall also notify in writing the contract manager assigned of its plan to seek bankruptcy protection within three working days of such action by Contractor. Section 11.06 Performance Malfeasance. Contractor shall report to the contract manager assigned to the Contract any knowledge of debarment, suspected fraud or unlawful activity related to performance under this Contract. Contractor shall make such report no later than three working days from the date that Contractor has General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 14 knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act (31 U.S.C. §§3729-3733) or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http:Isao.fraud.state.tx.us, and to thc HHS Office of Inspector General at httn:,`P'www.oig.hhs.gov: fraud/hotline no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. a. Contractor affirms that Contract nor any no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. b. Contractor shall report in writing the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to thc following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, arc presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR. Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 15 c. It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d. It is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; c. It is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor, f. That no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g. Neither it, nor its principals have within the three year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h. Neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses in subsection (g) above; and i. Neither it, nor its principals within a three year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Contract. Also, if Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Contract. Section 12.02 Child Support Delinquencies. As required by Texas Family Code § 231.006, a child support obligor who is more than 30 calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25°° is not eligible to receive payments from state funds under a contract to provide property materials, or services or receive a state - funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 12.03 Authorization. Contractor certifies that h possesses legal authority to contract for the services described in this Contract and if applicable, a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 12.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 12.05 Ineligibility to Receive the Contract. General Provisions (September 1, 2015) Applicable to Local Health Departments Only 16 a. Pursuant to Texas Government Codc § 2155.004 and federal law, Contractor is ineligible to enter into this Contract with the Department if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor nor its employees nor anyone acting for Contractor has received compensation from DSHS for participation in the developing, drafting or preparation of specifications, requirements or statements of work for this Contract or in the Solicitation Document associated with this Contract. b. Pursuant to Texas Government Code §§ 2155.006 and 2261.053, Contractor is incligiblc to enter into this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005. c. Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Texas Government Codc §§ 2155.004, 2155.006 or 2261.053 and acknowledges that this Contract may be terminated and payment withheld if these certifications arc inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, ct seq., and Texas Business & Commerce Code § 15.01, ct seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in Iocations that arc in compliance with all applicable local, state and federal zoning, building, health, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBs). if Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 ct seq. Contractors may obtain a list of HUBS at http: 'www.window.state.tx.us/procurcment/progghub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with KUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15's day of each month for the prior month's activity, if there was any such activity in accordance with 34 TAC § 20.16(c). Section 13.03 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Texas Government Codc § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 2015) I7 arc/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract (Assurances and Certifications Article) or the Conflict of Interest or Transactions Between Related Parties sections (General Terns Article); and f. Not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three years any license issued by the Department. Section 13.05 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for thc performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents shall not be eligible for unemployment compensation from the Department or the State of Texas. Section 13.06 Tax Liability. Contractor shalt comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department shall not enter into a contract with Contractor for three years from the date of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, organizational structure, such as merger, acquisition or change in form of business, legal standing or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the amendment provisions in Article XIII. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors arc prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website Zink in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, thc U.S. Department of Homeland Security's E - Verify system to determine the eligibility of a. All persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September 1, 2015) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with 'Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state 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 contract or the extension, continuation, renewal, amendment, or modification of any contract (3 1 USC § 1352). b. If at any time this Contract exceeds S100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under thc Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure; 1. At the time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to thc Contract. Contractor shall include this provision in any subcontracts. Section 14.03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with thc performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2015) 19 Section 14.04 Transactions Behveen Related Parties. Contractor shall identify and report to DSHS any transaction between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform under this Contract. Contractor shall comply with Texas Government Codc Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. "Intellectual property" is created property that may be protected under copyright, patent, or trademark/service mark law. b. For purposes of this Contract, intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is a "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. c. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. If federal funds are uscd to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize othcrs to use, for federal government purposes: 1. Copyright in any intellectual property developed under this Contract including any subcontract; and 2. Any rights of copyright to which a Contractor purchases ownership with contract funds. d. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2015) c. If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Contract. Section 14.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs or software licenses with n value of S500 or more. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on the third business day aficr the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 14.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 14.10 Survivability of Terms. Termination or expiration of this Contract or a Contract for any reason shall not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed shall survive any such termination or expiration or remain to be performed, including but not limned to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. If requested, Contractor shall supply such information as required by thc Department to comply with the provisions of Texas Government Code Chapter 2114 regarding Customer Service surveys. Section 14.12 Amendment. All amendments to this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification for the request, to the contract manager assigned to thc Contract. Section 14.13 Contractor's Notification of Change of Contact Person or Key Personnel. Within ten calendar days shall notify in writing thc contract manager assigned to the Contract of any change enumerated in the Contractor's Contact Personnel or Key Personnel, if included in their response to a solicitation document. Section 14.14 Unilateral Amendment. The Department reserves thc right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten days notice prior to execution of the amendment under the following circumstances to: a. Correct an obvious clerical error in this Contract; b. Incorporate new or revised federal or state laws, regulations, rules or policies; and General Provisions (September 1, 2015) 2l c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written noticc of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the intcrim extension amendment that specifies the reason for it and period of time for the extension. d. Contractor will provide and invoice for services in the same manner that is stated in the Contract. c. An interim extension under Section (b)(l) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by HHS/DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR. THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fccs, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September 1, 2015) 22 Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education wcbsitcs and RR sct forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in i Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products arc developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may rcvicw, test, evaluate and monitor Contractor's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, tcsting, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Contractor represents and warrants that: 1 As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. If the Products will be in the custody of the state or a DSHS client or recipient after thc Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Terrn, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. In the event Contractor becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. c. Remedies. 1. Under Tex. Gov't Codc § 2054.465, neither the Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, lire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other party as soon as practicable. This Party must also submit written notice with proof of receipt of the existence of a force majcure event or otherwise waive the right as a defense to non-performance. Section 1411 Cooperation and Communication. Contractor shall cooperate with Department staff and as applicable, other DSHS contractors and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. Section 14.22 Insurance. Contractor shall acquire and maintain for the duration of this Contract, insurance and with financially sound and reputable insurers licensed by thc Texas Department of Insurance, in thc type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2015) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but arc not limited to, the following: a. Failure to properly provide the services and/or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply with all applicable statutes, rules or regulations; c. Failure to pay refunds or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Dcpartmcnt; c. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; f. Any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or g. Contractor is on or is added to the Excluded Parties List System (EPLS). Section 15.02 General Remedies and Sanctions. The remedies and sanctions in this section arc available to the Dcpartmcnt against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impost one or more remedies or sanctions for cnch item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not !limited to compliance with applicable statutes, rules or regulations, the Dcpartmcnt may take one or more of the following actions: a. Terminate this Contract by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants; b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVII; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor, f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department's determination that this Contract was obtained Fraudulently, or was illegal or invalid from this Contract's inception and demand repayment of any funds under this Contract; General Provisions (September t, 2015) 25 h. Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-fundcd clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that arc in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; 1. Withhold any payment to Contractor to satisfy any rccoupmcnt imposed by DSHS and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; m. Reduce the Contract term; n. Recoup improper payments when Contractor has been overpaid for reasons such as payments arc not supported by proper documentation, improper billing or failure to comply with Contract terms; and o. Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule. Section 15.03 Notice of Remedies or Sanctions. a. Department shall formally notify Contractor in writing when a remedy or sanction is imposed, stating the nature of the remedies and sanction, the reasons for imposing them, the corrective actions, if any, that must be taken before the actions shall be removed and the time allowed for completing thc corrective actions, and the method, if any, of requesting reconsideration of the remedies or sanctions imposed. b. Other than in the case of repayment or recoupment, Contractor is required to File, within 15 calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. c. If requested by the Department, the written response must state how Contractor shall correct the noncompliance by agreeing to a corrective action plan or demonstrate in writing that the findings on which thc remedies or sanctions arc based arc either invalid or do not warrant the remedies or sanctions. If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's final decision. d. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall issue a demand letter to Contractor for repayment. If full repayment is not received within the time Limit stated in thc demand letter, and if recoupment is available, DSHS shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September 1, 2015) 26 Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case- by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.01 Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC §§4.l 1-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 16.02 Notice. Contractor's claims for breach of this Contract that the Panics cannot resolve in thc ordinary course of business must be submitted to the negotiation process provided in Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 arc being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a notice of claim filed by the Contractor constitutes grounds for the suspension in whole or pan of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article and in thc Contract. c. A Program Attachment's term cannot extend past the Contract term in its associated Contract. Section 17.02 Effect of Termination or Expiration. a. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable to DSHS or another entity designated by DSHS. b. Upon termination of all or part of this Contract, Department and Contractor shall be discharged from any further obligation created under the applicable terms of this Contract or Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS and, except as provided in the Survivability of Terms section of the General Terms Article. c. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. Section 17.03 Termination or Temporary Suspension Without Cause. General Provisions (September 1, 2015) 27 a. Either Party may terminate this Contract or Program Attachment, as applicable with at least 30 calendar days prior written notice to the nontcrminating Party. b. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition plan to ensure client services arc not disrupted. c. The Parties can agree to tcnninate by mutual agreement. DSHS may temporarily suspend or terminate this Contract or Program Attachment, as applicable if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or HHSC agencies, amendments to the Appropriations Act, health and human services consolidations or any other disruption of current appropriated funding for this Contractor Program Attachment. Contractor shall be notified in writing of any termination or temporary suspension and of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor will discontinue performance under the Contract as of the effective date of the suspension for the duration of the suspension. Section 17.04 Immediate Termination. Department may immediately terminate this Contract or Program Attachment, as applicable, when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 17.05 Termination For Cause. Dcpartmcnt may terminate this Contract, in whole or in part, for breach of contract by providing 10 calendar days written notice to Contractor. Section 17.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. Notice of termination is effective when it is received by the non -terminating party. ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS Section 18.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 18.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, is suspended or is terminated for cause is not eligible for any renewal or increase of funding for an existing contract or new contracts or renewals until in the casc of suspension or termination the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void any amount paid to the Contractor is subject to recoupment by DSHS. Section 18.03 Appeals Rights for DSHS Funded Block Grants. Pursuant to Texas Government Codc § 2105.302, after receiving notice from the Dcpartmcnt of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Texas Government Codc Chapter 2001. ARTICLE XIX CLOSEOUT Section 19.01 Cessation of Services at Closeout. Upon expiration or termination of this Contract or Program Attachment, as applicable, Contractor shall stop providing services or the delivery of goods undcr this Contract and if necessary, shall cooperate with DSHS to thc fullest cxtcnt possible to ensure thc orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. General Provisions (September 1, 2015) 28 Contractor shall not bill DSHS for services performed or goods delivered after termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owcd by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days after the Contract or Program Attachment, if applicable, has terminated. Section 19.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within the time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 2015) 29 2016 FEDERAL GRANT SLIBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSHS GENERAL PROVISIONS 31 ARTICLE XXI PROGRAM OPERATIONS 31 Section 21.01 Client Financial Eligibility. , 31 Section 21.02 Contracts with Sub recipient and Vendor Subcontractors. . .... ... ...... . ........ . ...... Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. .. 31 Section 21.04 Quality Management P I Pi „ 31 Section 21.05 Contractor's Notification or Change to Certain Contract Provisions. 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Bod3, Officers and Employees. -32 Section 21.07 Direct Operation „ IN H. II 4-1 4 33 ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES , - 33 Section 22.01 Equipment . " - , 33 Section 22.02 Equipment List. 33 Section 22.03 Supplies 34 Section 22.04 Property Inventory and Protection of Assets - 34 Section 22.05 Assets as Collateral Prohibited ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS ._,_...., .... , ......... ..... „_ _._ ........ _ ...... -_„. ________ _34 Section 23.01 Use of Funds , „ 34 Section 23.02 Use for Match Prohibited - -,- , ... , , , , 34 Section 23.03 Program Income . H -1-H-444. 4 -.4 44 -35 Section 23.04 Nonsupplanting , 35 Section 23.05 Payment Methods 35 Section 23.06 Financial Status Reports (FSRs). - -35 Section 23.07 Working Capital Advance. -, - . - 4.... ......4. 35 Section 23.09 Condition Precedent to Requesting Payment. , -36 Section 23.09 Management and Control Systems. 36 Section 23.10 EITect orGrant Close Out. . , .. . , , . ,_ , 4 ...... 36 Gcncral Provisions (Scplcmbcr 1,2015) 30 ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS .... „.,36 Section 24.01 Allowable Costs. 36 Section 24.02 Property Acquisitions 37 Section 24.03 Cost Allocation Plan 38 Section 24.04 Overtime Compensalion 38 Section 24.05 Independent Single or Program -Specific Audit. 38 Section 24.06 Submission orAudit 39 ARTICLE XXV INSURANCE AND BONDS 39 Section 25.01 Insurance 39 Section 25.02 Fidelity Bond 40 Section 25.03 Liability Coverage 40 ARTICLE XXVI TEILMINATION, BANKRUPTCY AND CLOSEOUT 40 Section 26.01 Section 26.02 Section 26.03 Section 26.04 Section 26.05 Final Budget. . 14444 4 4 YFFF. 1.1 -IK • 1,4441 F 1 Bankruptcy. Title to Properly Disposition of Property Closeout of Equipmeni. .40 40 41 41 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS . 41 Goncral Provisions (Septernbor 1, 2015) 31 ARTICLE XX DSHS GENERAL PROVISIONS In addition to the terms and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding 5100,000, Contractor shall obtain written approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrccipicnt subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. c. Contractor shall ensure that subcontractors arc fully aware attic requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. f. Contracts with all subcontractors, whether vendor or subrccipicnt, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. g. Contractor is responsible to DSHS for the performance of any subcontractor. h. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be ineligible under the Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. a. Contractor shall include in all its contracts with subrccipicnt subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor): I. Assurances and Certifications in Article XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 31 3. A provision granting to DSHS, SAO, OIG, and thc Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with Article X of the General Provisions; b. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. c. Contractor shall ensure that all written agreements with subrccipicnt subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor arc passed down to that subcontractor. d No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. c. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Sections 14.03 and 14.04, or any of the certifications stated in Article XII of thc General Provisions, Contractor shall submit an explanation to the contract manager assigned to thc Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or thc Department's prior approval: a. Cumulative budget transfers that do not exceed 25°.o among direct cost categories, other than the equipment category, of Tess than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); and b. Change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of thc change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing thc contract manager assigned to the Program Attachment of any change enumerated in this section, but thc contract will not be amended. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not- for-profit organizations. b. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through Subrecipient General Provisions (September 1, 2015) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Texas Government Code Chaptcr 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to thc election, appointment or employment of thc officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of S5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiatc the purchase of all equipment approved in writing by DSHS, in the first quarter of thc Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance identification Number); 4. Who holds title, 5. Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 8. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product specifications and need justification prior to purchasing any item of Subrecipient General Provisions (September 1, 2015) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and thc following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment arc also considered Supplies. c. Prior approval by DSHS of the purchase of Controlled Assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 22.04. Section 22.04 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in Section 14.06 of the General Provisions and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15th of each ycar. The report is located on the DSHS website at: htto:.'iwww.dshs.state.tx.us: contracts/forms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to thc assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 22.05 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE =II PROGRAM FUNDS AND PAYMENTS Section 23.01 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 23.02 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Subrecipient General Provisions (September 1, 2015) 34 Section 23.03 Program Income. a. Gross income directly generated from Department funds through a project or activity performed undcr a Contract and/or earned only as a result of this Contract during its term is considered program income. b. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in the Uniform Grant Management Standards, for thc use of program income to further the program objectives of the state or federal statute that provided thc authority of this Contract or its Program Attachment, and Contractor shall spend the program income on the same Project Attachment or Statement of Work project under which it was generated. c. Contractor shall identify and report this income in accordance with Article IX of these General Provisions and the provisions in the Contract or its Program Attachment(s). d. Contractor shall expend program income during thc Program Attachment tern and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. e. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 23.04 Nonsupplanting. Contractor shall not use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are thc subject of this Contract but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. Section 23.05 Payment Methods. Section 5.01 of the General Provisions is replaced with the following: Except as otherwise provided by the provisions of this Contract or its Program Attachment(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachment(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, if a contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term. Section 23.07 Working Capital Advance. if necessary, Wallowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize thc lime elapsing between the transfer of funds from DSHS to Contractor, and shall cnsurc that such funds are disbursed as soon as administratively possible. Section 23.08 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest carred on such funds before requesting cash payments including any advance payments from Department. Section 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to cnsurc that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. Financial planning, including thc development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management systems that include accurate accounting records that arc accessible and identify thc source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Contract and its Program Attachment and arc traceable from thc transaction to the general ledger; 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings; 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect or Grant Close Out. Contractor must submit all requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by Section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term 10 be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor arc allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2015) 36 d. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within 30 calendar days of the date of this written notice. c. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) arc not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A -I33 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-1 10 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR. Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS websitc at htte+www,dshs.state.tx.us/contract_sdlinks.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. The Contract will specify appropriate grant guidance. Section 24.02 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property arc not allowable, Subrecipient General Provisions (September 1, 2015) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost Allocation Plan on thc format provided by DSHS to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: coscapWdshs.state.tx,us no Iater than the 60'hcalendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is thc same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within 30 calendar days after the effective date of the change. Section 24.04 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium ovcrtimc pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: a. With thc prior written approval of DSHS; b. Temporarily, in the casc of an emergency or an occasional operational bottleneck; c. When employees arc performing indircct functions, such as administration, maintenance, or accounting; d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or c. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. if Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with thc 2 CFR § 200.501. The 5750,000 federal threshold amount includes federal funds passed through by way of state agency awards. b. If Contractor within Contractor's fiscal year expends a total amount of at least 5500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. c. For-profit Contractors whose expenditures meet or exceed thc federal and/or state expenditure thresholds stated above shall follow thc guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. c. If Contractor fails to complete the Single Audit Status Form within 30 calendar days after notification by 010 to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 f. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http: www.dshs.statc.tx_us.contracts links.shtm g. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six years. Section 24.06 Submission or Audit. Within thirty (30) calendar days of reccipt of the audit reports required by the Independent Single or Program- Specific Audit section, Contractor shall submit one copy to thc Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministration rc dshs.statc.tx.us Electronic submission to HHSC should be addressed as follows: Oucenah.TcamahOhhsc.state. tx.us if Contractor fails to submit the audit report as required by the Independent Single or Program -Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 of the General Provisions, Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or dcstroycd. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to this Contract within 5 business days of learning of the loss, to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace thc equipment with comparable equipment or remit thc insurance proceeds to DSHS. Subrecipient General Provisions (September I, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to S 100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, tither individually or in concert with others, and/or failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. c. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 25.03 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT Section 26.01 Final Budget Contractor shall submit an actual Budget to DSHS no later than sixty (60) days after thc contract termination date or at the conclusion of all contract activities, whichever occurs first. The Budget shall be in a format prescribed by DSHS and shall be accompanied by a report of all activities performed under this Contract. Section 26.02 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. if directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that thc property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when thc acquisition price of the equipment is equal to or greater than $5,000. b. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than S5,000) will be controlled by thc requirements of UGMS. c. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than S5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. d. After an item reaches the end of its useful lift, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 26.05 Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to thc contract manager assigned to this, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchascd with Department funds must be secured by Contractor at thc time of Closeout, or termination of this Contract, and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. ARTICLE XXV1I NON-EXCLUSIVE LIST OF APPLICABLE LAWS Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tcx. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http:'lwww.dshs.state.tx.uslcontracts.ilinks.shtm. Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in the Uniform Grant Management Standards. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http:r'iwww.dshs.state.tx.uslcontractsllinks.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 47 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 10, 2016 Second Reading Item for the City Council Meeting of May 17, 2016 DATE: April 19, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager of Public Works and Utilities markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Services Ayers Street Pedestrian Improvements and Turn Lane Addition BOND 2014 Proposition 2 Ordinance appropriating $80,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $80,000; Authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews and Newnam, Inc. of Corpus Christi, Texas in the amount of $513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project (Bond 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract for the Ayers Street Pedestrian Improvements and Turn Lane Addition project. (Bond 2014 Prop 2) and the Interlocal Agreement with the Regional Transit Authority. BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Project in November 2014. Bond 2014 Brochure description: "Ayers Street — Pedestrian Improvements and Turn Lane Addition (SPID to Gollihar) —This project will add pedestrian routes to this section of Ayers Street as well as adding turn lane at the intersections of Ayers with Mansheim and Sunnybrook." This project will address pedestrian and vehicular traffic safety improvements along the Ayers corridor from SPID to Gollihar Road that include: • Improved right turn movements at Mansheim and Sunnybrook streets. • New ADA compliant sidewalks, ramps and crosswalks. • Pavement widening for continuous center turn -lane and left hand turn lanes. • Improved parking and access. • New curb and gutter on both sides and curb inlets with new underground drainage and grading of existing roadside ditches. • Waterline improvements and new fire hydrants. • RTA concrete bus pads. • New signage and pavement markings. The proposed Interlocal Agreement provides for joint City/RTA participation to extend the project limits from Gollihar to Port Avenue to connect new sidewalks to the existing RTA Transfer Station. The scope includes approximately 1000LF of new 5ft wide sidewalks and ADA ramps. RTA participation is in the amount of $80,000. The City participation is to provide the design, construction, inspection and administration for the new sidewalks. The City will request reimbursement from the RTA on a monthly basis during construction. The additional sidewalks provide is an essential element of the pedestrian and vehicular mobility in the area that was not included in the Bond project. ALTERNATIVES: 1. Authorize execution of an engineering design contract. 2. Do not authorize execution of an engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: Lockwood, Andrews and Newnam, Inc. (LAN) was selected as the design engineer under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015- 2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,900 $4,312,600 $4,362,500 Ordinance - This Item 80,000 80,000 Revised Budget $49,900 $4,392,600 $4,442,500 Encumbered/Expensed 49,900 0.00 49,900 This item $513,625 $513,625 Future Anticipated Expenditures This Project TBD TBD BALANCE $0.00 $3,614,584 $3,614,584 Fund(s): ST 17 Comments: Project scope and cost estimates will be developed and finalized through the design process within available funds. RECOMMENDATION: City staff recommends this engineering design contract with Lockwood, Andrews and Newnam, Inc. in the amount of $513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Bond 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map Contract Presentation PROJECT BUDGET ESTIMATE Ayers Street Pedestrian Improvements and Turn Lane Addition E15106 BOND 2014 PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2 $ 2,000,000.00 Utilities 2,362,500.00 Regional Transportation Authority 80,000.00 TOTAL 4.442,500.00 FUNDS REQUIRED: Construction: * Construction (preliminary estimate) TBD Contingency (10%) TBD Construction Inspection and Testing: Construction Inspection (estimate) TBD Construction Materials Testing (TBD) TBD Design: Engineering (Lockwood, Andrews & Newnam) Preliminary Design 49,900.00 Engineering (Lockwood, Andrews & Newnam) Final Design 513,625.00 Geotechnical Study and Testing (TBD) 60,000.00 Reimbursements: Reimbursement Total 157,487.50 Contract Administration (Engineering/Finance/Capital Budget) 66,637.50 Engineering Services (Project Mgt / Constr Mgt) 88,850.00 Misc. (Printing, Advertising, etc.) 2,000.00 Other: Staff Augmentation 46,904.00 TOTAL 827,916.50 * ESTIMATED PROJECT BUDGET BALANCE $ 3,614,583.50 * Project scope and cost estimates will be developed and finalized through the design process within available funds. Ordinance appropriating $80,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $80,000; Authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute an engineering design contract with Lockwood, Andrews and Newnam, Inc. of Corpus Christi, Texas in the amount of $513,625.00 for the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project, BOND 2014 Proposition 2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add RTA anticipated revenues in the amount of $80,000 to the Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D to Gollihar project, BOND 2014. SECTION 2. Revenues and expenditures in the amount of $80,000 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 3. The City Manager or designee is authorized to execute an Interlocal Agreement with the RTA for pedestrian improvements on Ayers Street, from Gollihar Street to Port Avenue. SECTION 4. The City Manager or designee is authorized to execute an engineering design contract for Ayers Street Pedestrian Improvements and Turn Lane Addition from S.P.I.D. to Gollihar project (Bond 2014) with Lockwood, Andrews and Newnam Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 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: Rebecca Huerta City Secretary Nelda Martinez Mayor , CITY OF CORPUS CHRISTI ENGINEERING DESIGN CONTRACT The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Lockwood, Andrews & Newnam, Inc., a Texas corporation, 500 N. Shoreline Blvd., Suite 905, Garland, Nueces County, Texas 78401, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Avers Street Pedestrian Improvements and Turn Lane Addition (SPID to Gollihar) (Project No. E15106) - This project will add pedestrian routes and ramps built to comply with Americans with Disabilities Act Standards to Ayers Street from SPID to Gollihar. Turn lanes will be included at the intersections of Ayers with Mansheim and Sunnybrook. Additional work will include storm drainage enhancements, pavement markings and minor utility work. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and Exhibit "A-1", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $513,625.00. Monthly invoices will be submitted in accordance with Exhibit "B". Contract for Professional Services Page 1 of 5 KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONIAMENDMENT 1 LAN116- 0311 AE AGREEMENT.DOC 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit C. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Professional Services Page 2 of 5 K:IENGINEERING DATAEXCHANGE ANGIEMISTREETIE15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONIAMENDMENT 1 LANI16- 0311 AE AGREEMENT.DOC t , T i 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: Contract for Professional Services Page 3 of 5 KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONIAMENDMENT 1 LAN116- 0311 AE AGREEMENT.DOC (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 4 of 5 K:IENGINEERING DATAEXCHANGE\ANGIEMISTREET\E15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONVaMENDMENT 1 LAN116- 0311 AE AGREEMENT.DOC CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEW AM, INC. J. H. Edmonds, P.E. Date Stev- n A. Gilbreath, P.E. Date Director of Engineering Services Associate 500 N. Shoreline Blvd., Suite 905 Corpus Christi, Texas 78401 RECOMMENDED (361) 882-2257 Office Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Project No. E15106 Accounting Unit: 3551-051 Account: 550950 Activity: E15106013551 EXP Ilo Account Category: 50950 y'�I Fund Name: Street CIP BOND 2014 Encumbrance No. Contract for Professional Services Page 5 of 5 K:\ENGINEERING DATAEXCHANGE1ANGIEM\STREETVE15106 AYERS STREET PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITIONVAMENDMENT 1 LAN116- 0311 AE AGREEMENT DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS AYERS STREET — PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION (SPID TO GOLLIHAR) PROJECT NO. E15106 BOND 2014 PROPOSITION 2 L SCOPE OF SERVICES As authorized and directed by the City, the NE has prepared a scoping document for this project under a separate contract. That document, known as the "Design Criteria Memorandum" (DCM) served to better define the scope -of -work anticipated for the project. The DCM included an Executive Summary; a description of the Project and its Purpose; Planning & Design Criteria; a summary of Existing Conditions; Recommendations for Design; and an Opinion of Probable Construction Costs. The recommendations for design that were outlined in the DCM included widening of Ayers on the west side of the street in order to meet the minimum requirements approved by the Bond 2014 voters and the Capital Improvement Program. In addition, the DCM included three optional alternatives for east side safety improvements. The scope -of -work described below includes the west side widening and one of the east side safety improvement options in the Basic Services section. A. BASIC SERVICES 1. Preliminary Phase. The ArchitectlEngineer--AIE (also referred to as Consultant) will: a) Participate in Project Kick-off Meeting; and will prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. b) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating department& potential project needs. Identify electric and communication utility companies and private pipeline companies that may have existing facilities and which must be relocated to accommodate the proposed improvements. c) Pavement design based upon cross sections developed in the DCM and the results of geotechnical investigation (see additional services section). d) Develop a drainage area boundary map for drainage areas impacting the project. e) Conduct a hydrologic and hydraulic analysis to quantify storm water runoff affecting the project and to determine storm sewer sizing necessary to meet ONLY a 25 -year design capacity for proposed underground storm drainage systems. Include an analysis of street inlet capacity requirements. f) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. g) Identify and analyze requirements of govemmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, and construction and assist the City's Project Manager with coordination efforts with agencies such as the TDLR, RTA, CDBG, USPS, and affected school districts and community groups. h) Prepare an Engineering Letter Report that supplements and complements the data already provided in the DCM including: 1. 30% plans (plan view layouts). EXHIBIT "A" Page 1 of 10 Revised November 26, 2013 2. Summary results from hydrologic and hydraulic analysis. 3. Pavement design. 4. Utility rehabilitation/relocation plan. 5. 30% opinion of probable construction costs. 6. Anticipated index of drawings and specifications. i) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. j) Attend project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. k) Assimilate City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) City Control survey bench marks and coordinates. b) Preliminary Traffic Impact Assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and ,ill' for the intended purpose of this project Any unauthorized use ordistributionof the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Prepare construction documents in City standard format for the work identified in the approved ELR. Standard and technical specifications will be provided by the City — it is anticipated that there will be minimal editing required and that there will be no special technical specifications needed for the project. Should such editing or special or an excessive number of technical specifications be required, such work will warrant an additional services request from the Engineer. Construction plans will include improvements or modifications to the storm water and potable water systems within the project limits. Standard City of Corpus Christi detail sheets will be included as appropriate. c) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans - the Engineer -provided TCP will be a limited effort in order to give the Contractor a general outline of the intent. The TCP will be a required contactor submittal to be provided for review prior to the commencement of construction activities. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. d) Fumish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and EXHIBIT "A" Page 2 of 10 Revised November 26, 2013 approval purposes with an opinion of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary. project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. e) Participate in project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed, f) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with a revised opinion of probable construction costs. Plan executive summary, project checklist and plan checklist. g) Participate in project 90% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed, h) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. A 100% review meeting will NOT be required. i) Assimilate all final review comments upon approval by the Director of Capital Programs, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. j) Provide Quality Assurance/Quality Control (QA/QC) measures to verify that all submittals of the interim, pre -final, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if. in the opinion of the Director of Capital Programs or designee. Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with Citv standards.. k) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. 1) Provide copy of contract documents to Texas Department of Ucensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. EXHIBIT "A" Page 3 of 10 Revised November 26, 2013 b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacting the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions conceming the bid documents and prepare, in the City's format, for approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation conceming award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the City in accordance with the A/E's design phase opinion of probable construction cost, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. Gelinsil-Mee j: (By City). The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation conceming bid evaluation and recommendation and prepare agenda materials for the City Council conceming bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform construction administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract EXHIBIT "A" Page 4 of 10 Revised November 26, 2013 documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate, and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff; provide punch list items to the City's Construction Engineers for contractor completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Capital Programs. A/E may not begin work on any services under this section without specific written authorization by the Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Capital Programs as required. The NE shall, with written authorization by the Director of Capital Programs, perform the following: 1. Permit Preparation. Fumish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities including Texas Department of Licensing and Regulation (TDLR) to verify compliance with the Americans with Disabilities Act (ADA). 2. Right-of-Wav (ROW) Acquisition Survev and Parcel Descriptions. Not applicable. feilitikerAGFArrafrappkabier EXHIBIT "A" Page 5 of 10 Revised November 26, 2013 to -Ie -acquired; easemeRte f) 3. Toaoaraphic Survev. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'G Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and :z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. (Surveying services, related to subsurface engineering - "SUE", shall be provided as part of the scope of work for SUE). i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. I) Provide a preliminary base map containing apparent ROW, which will be used by the NE to develop the proposed alignment and its position relative to the existing EXHIBIT "A" Page 6 of 10 Revised November 28, 2013 and proposed ROW. This preliminary base map must show lot or property line, land ownership and addresses as per appraisal district records. m) The base map stated in item '1" shall be a continuous plan and profile alignment of the subject main street as well as the side streets. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. - TBD 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. serameRtc. By City. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation - By City. Iesations: EXHIBIT "A" Page 7 of 10 Revised November 26, 2013 b) GORWRICAGRT 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Geotechnical Engineering Services; By City. the -repel EXHIBIT "A" Page 8 of 10 Revised November 26, 2013 3—Traffic-Geuats 5: ---Design- ohidie& Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Year Day Activity 2016 Mar 01 NTP 2016 Mar 05 City Traffic Data to AIE 2016 May 04 Draft ELR submittal 2016 May 18 City Review Complete 2016 Jun 16 Final ELR submittal 2016 Jul 27 60% Design Submittal 2016 Aug 11 City Review Complete 2016 Sep 22 90% Design Submittal 2016 Oct 05 City Review complete 2016 Nov 17 100% Submittal 2016 Nov 30 City Review Complete • 2016 Dec 21 Final Submittal 2017 Feb 09 Advertise for Bids 2017 Mar 06 Pre -Bid Conference 2017 Mar 20 Receive Bids 2017 May 03 Contract Award 2017 Jun 01 Begin Construction 2018 Jul 01 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with EXHIBIT "A" Page 9 of 10 Revised November 26, 2013 City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Capital Programs under Section I.B. Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Design Criteria Memo & Preliminary Phase $128,400 2. Design Phase $223,100 3. Bid Phase $12,100 4. Construction Administration Phase $46,800 Subtotal Basic Services Fees $410,400 Additional Services Fees (Allowance) 1. Permit Preparation* $12,000 2. ROW Acquisition Survey and Parcel Descriptions N/A 3. Topographic Survey* $71,875 4. Environmental Issues* $5,750 5. Public Involvement* $7,600 6a. & 6b. Subsurface Utility Investigation* By City 6c. Televised Inspection of Stormwater and Wastewater Lines By City 7. Construction Observation Services TBD 8. Warranty Phase* $6,000 9. Geotechnical Engineering Services* By City Sub -Total Additional Services Fees Authorized* $103,225 Total Authorized Fee � $513,625 * Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 10 of 10 Revised November 28, 2013 EXHIBIT "A-1" AYERS STREET — PEDESTRIAN IMPROVEMENTS AND TURN LANE ADDITION (SPID TO GOLLIHAR) PROJECT NO. E15106 BOND 2014 PROPOSITION 2 I. SCOPE OF SERVICES The following task list provides added A/E services specific to Ayers Street (Project No E15106) and appends those Standard City of Corpus Christi services outlined in Exhibit A of this contract A. BASIC SERVICES 2d. Construction plans on 11"x17" sheets will be at full size, not half size. 2f. Unless later communicated as otherwise by the City, it is understood that the pre -final (90%) submittal will be required for this project. 2k. It is understood that up to one monthly progress meeting will be held at the request of the City's project manager each month. The term "review" meetings refers to post -submittal review meetings conducted by the City — these are separate from the monthly progress meetings. 3f. The City recognizes that construction bid prices are dependent upon market conditions and the number of available bidders at the time of the bid. Should unusual, unforeseen market conditions or a low number of respondents to the bid be a factor in the lowest bid exceeding the design phase opinion of probable construction cost, then the City will negotiate with the A/E, as an additional service and fee, the work effort required by the A/E to revise the bid documents for re -advertising. 4h. The A/E does not "certify" completion, rather the A/E will provide a statement that work correctly completed by the Contractor, and which was observed by the A/E, is in general conformance with the plans and specifications. B. ADDITIONAL SERVICES 2e. Not applicable. ... eoense 4. Environmental Issues: A/E will complete a Phase I Environmental Site Assessment (ESA) in order to identify, to the extent feasible pursuant to the processes prescribed in ASTM E1527-05, any recognized environmental conditions in connection with the proposed project area BOND 2014 PROP 2 TRANSPORTATION PROJECTS AYERS STREET. PROJECT NO. E15106 CONTRACT FOR ENGINEERING SERVICES EXHIBIT A•1 Page 1 of 2 November 2013 • 6. Subsurface Utility Investigation. By City. 6a -i. 6c. By City. 111. FEES The following appends that outlined in Exhibit A of this contract A. "Prompt monthly payments" is defined as within 30 days of the City's receiving an invoice from the A/E. BOND 2014 PROP 2 TRANSPORTATION PROJECTS AYERS STREET, PROJECT NO. E15106 CONTRACT FOR ENGINEERING SERVICES EXHIBIT A•1 Page 2 of 2 November 2013 rn to ra CD 0 W Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 01,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. EXHIBIT "C" Pagel of 2 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT "C" Page 2 of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Cohriisti City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking information. do business with the City to provide the following Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Lockwood, Andrews & Newnam, Inc. P. O. BOX: STREET ADDRESS: 500 N. Shoreline Blvd., Suite 905 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association e 2. Partnership 5. Other 8 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessar=y, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the Cityof Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 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: Steven A. Gilbreath, P.E. Title: Associate (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission. or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. Corpus Chr"sti Engineering Ayers Street Pedestrian Improvements And Turn Lane Addition BOND 2014 Proposition 2 Council Presentation May 10, 2016 Vicinity Map Corpus Chr sti Engineering PROJECT LOCATION 4i0Gollihar Rd Gothh„Rd. a_r_AtVe Rd. Mardle lid 4.—_-,AftwoommormisCe South Padre Island Dr. w Holly Rd cc Project Location Corpus Chr sti Engineering RTA Transfer Station Interlocal Agreement Joint City/RTA Project Extending New 5ft Sidewalks Crosstown Expy. PROJECT LOCATION McArdle re'IsIan The approved Bond 2012 Prop 2 scope provides for improvements only from SPID to Gollihar to include the following: • Improved right turn movements at Mansheim and Sunnybrook • New continuous center lane with new curb, gutter and inlets with new underground drainage • Improved parking and access with new sidewalks, ramps and crosswalks • Waterline improvements and new fire hydrants Note: Staff also coordinated with RTA to extend the project limits to extend and connect new sidewalks from Gollihar to the RTA Bus Transfer Station at Port/Ayers Interlocal Agreement Joint City/RTA Project Extension Corpus Chr sti Engineering Interlocal Agreement proposes joint City/RTA participation to provide new 5ft wide sidewalks on both sides to the Port/Ayers intersection and RTA Bus Transfer Station • RTA participation is funding in amount $80,000 • City participation is to provide the design, construction, inspection and administration Project Schedule Corpus Chr'sti Engineering 2016 Jan Feb Mar Apr May Jun Jul Aug ="rwrIA'M Bid Sep Oct Nov Dec ronstru Ton Project Estimate: 365 Calendar Days 12 Months 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: 2016-25394 Date Filed: 03/11/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lockwood, Andrews & Newnam, Inc. Houston, 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. E15106 Engineering services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Vajdani, Sima Los Angeles, CA United States X Cohen, Arnie Austin, TX United States X Petersen, Dennis Houston, TX United States X Daly, Grega Washington, DC United States X Daly, Leo Washington, DC United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. y, l9917590£SS0£ l 01 A�DJoN � : aa , ,,,f, OZOZ-9Z-ZO saudx3 'wuao0 ,..: soxai 10 Non 'olignd AJDION'.. -. Y;.•y�,� — Il/ ., -,. A SONV1131SV0 /1121110 y'','„°,,,,,,to Sig 4tute of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 0 /� �j 0n G� ✓v hV' ` ` -. ) , this the day of/2Ch 20J(, to certify which, witness my hand and seal &,,, dk/' ' office. Ur _, k//� a /4 o � RidOii c, Sign. re o1 0 1 er administering oath in et! name of officer ministering oath Title of officer ad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 AGENDA MEMORANDUM First reading for the City Council Meeting of May 10, 2016 Second reading for the City Council Meeting of May 17, 2016 DATE: April 15, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Engineering Construction Contract Award International Boulevard Improvements (BOND 2012 Proposition 8) CAPTION: Ordinance appropriating and approving a transfer in the amount of $236,810 from the Unreserved Fund Balance in No. 4612 Airport Operating Reserves Fund to and appropriating in Fund 3018 Airport Capital Reserve Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $236,810; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $236,810 each; and authorizing the City Manager or designee, to execute a Construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $1,683,694.35 for the International Boulevard Improvements project for the Base Bid and Additive Alternate No. 1. (BOND 2012 Proposition 8) PURPOSE: The purpose of this Agenda Item is to execute a construction contract for the International Boulevard Improvements project (BOND 2012) and obtain authority to appropriate funds from the Airport Department to supplement the Bond 2012 Proposition 8. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 8 Economic Development Project by the community in the general election held on November 6, 2012. Bond 2012 Brochure description: "International Boulevard — This project includes a combination of full depth pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport." This project includes a Base Bid with one Additive Alternative No. 1. The Base Bid includes pavement rehabilitation with minor utility improvements and replacement of the existing overhead signage for directions entering Corpus Christi International Airport (CCIA). Additive Alternative No. 1 provides for a new overhead directional sign for exiting the airport typical to most airports. The existing pavement is experiencing varying levels of distress that requires milling with a new 1.5" overlay to the existing Hot Mix Asphalt Concrete pavement with select full depth repairs. The existing drainage is rural section with roadside swales that require new "ribbon" curbs and minor grading/excavation. Utility improvements are limited to Water and Wastewater improvements for future service for potential development. The base bid includes replacement of the existing inbound overhead directional signage and new pavement markings. The additive alternate for the overhead directional signage with the green TxDOT highway background providing better directions when exiting onto Hwy 44 heading left to go to Robstown, or right to go to Corpus Christi as well as indicating routes to IH -37 and IH -69. On November 18, 2015, the City received proposals from two (2) bidders and the bidders are as follows: Contractor Base Bid Additive Alternate Berry Contracting L.P. dba Bay LTD Corpus Christi, Texas $1,543,638.35 $140,056.00 CPC Interest, LLC dba Clark Pipeline Services Corpus Christi, Texas $1,996,878.10 $214,674.90 ALTERNATIVES: 1. Authorize execution of a construction contract. 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LJA Engineering, Inc. (formally RVE Inc.) is the design engineer that was selected for this project under RFQ 2012-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015-2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $1,689,642.91 275,000 $1,964,642.91 Ordinance —This Item 236,810 236,810 Total Budget $1,689,642.91 $511,810 $2,201,452.91 Encumbered / Expended Amount 204,600 204,600 Award - This item 1,638,694.35 1,638,694.35 Future Anticipated Expenditures This Project 357480.43 357,480.43 BALANCE 1,485,042.91 -1,484,364.78 678.13 Fund(s): ST 52 Comments: N/A RECOMMENDATION: City staff and LJA Engineering recommend the construction contract award to Bay, LTD in the amount of $1,683,694.35 for the International Boulevard Improvements BOND 2012 Prop 8 for the Base Bid and Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Page 1 of 2 Ordinance appropriating and approving a transfer in the amount of $236,810 from the Unreserved Fund Balance in No. 4612 Airport Operating Reserves Fund to and appropriating in Fund 3018 Airport Capital Reserve Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $236,810; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues by $236,810; and authorizing the City Manager or designee, to execute a Construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $1,683,694.35 for the International Boulevard Improvements project for the Base Bid and Additive Alternate No. 1. (BOND 2012 Proposition 8) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $236,810 from the Unreserved Fund Balance in Airport Operating Reserves Fund 4612 is appropriated and transferred to and appropriated in Airport Capital Reserve Fund No. 3018 Airport Capital Reserve Fund. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is changed to increase expenditures in the amount of $236,810. SECTION 3. The FY 2016 Capital Improvement Program Budget adopted by Ordinance No. 030621 is changed to increase revenues in the amount of $236,810. SECTION 4. The City Manager or designee is authorized to execute a construction contract for the International Boulevard Improvements Project (Bond 2012) for the Base Bid and Additive Alternate No. 1 for the amount of $1,683,694.35 with Bay, Ltd of Corpus Christi, Texas. ©BCL@BCO5F55D Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 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: Rebecca Huerta City Secretary @BCL@BCO5F55D Nelda Martinez Mayor PROJECT BUDGET International Boulevard Bond 2012 PROJECT FUNDS AVAILABLE: Street $ 1,325,000.00 CCIA International Boulevard( Bond 2012 Proposition 8) 800,000.00 Bond 2012 Proposition 8 Savings 275,000.00 Airport 250,000.00 Utilities 876,452.91 Water 128,496.86 Storm Water 639,956.05 Wastewater 108,000.00 TOTAL FUNDS AVAILABLE $ 2,201,452.91 FUNDS REQUIRED: Construction: Construction (Berry Contacting, dba Bay, Ltd.) THIS ITEM 1,683,694.35 Street 930,883.15 Utilities 516,001.20 Water 33,415.00 Storm Water 423,812.70 Wastewater 58, 773.50 Airport 236,810.00 Contingency (10%) 168,369.44 Construction Inspection and Testing: Construction Inspection (Estimate) 65,240.00 Construction Phase - Materials Testing Services (Rock Engineering) 14,424.00 Design: Engineer (RVE). Original Contact and 3 Amendments 177,147.00 Street 88,695.40 Airport 19,450.00 Utilities 69,001.60 Water 10,246.00 Storm Water 50,076.80 Wastewater 8,678.80 Design Phase - Geotechnical Study and Testing (Rock Engineering) 19,800.00 Reimbursements: Total Reimbursements 72,100.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 31,100.00 Engineering Services (Project Mgt/Constr Mgt) 39,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 2,200,774.79 ESTIMATED PROJECT BUDGET BALANCE $ 678.13 L aer , w ."!x.141 ...Le,r.`4'-.r t•._:..,. -' • ---a i' _4,i. i t '1 i J V iaJil'xi ,r' ie it lXd• o Md dol+ . ^1;;%P.:id41 Cella kitt. ee il •M1 F_ .' !e 11 p• II ;e/,d jP VI CI NI TY'MAP NOT TO SCALE Project Number: E12137 International Boulevard Improvements Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr"sti Engineering International Blvd BOND 2012 Proposition 8 Council Presentation May 10, 2016 Vicinity Map Corpus Chr'sti Engineering 8'0,,N e. Sadwick'. Rd SH 44 •� 41 ns a Project Location IH 3.7 gdpkIna Rd Corpus Christi International Airport Bede Ln 1 S a yry � L2e Jade Dr Hopkins He Z 0 ease Ln Location Map Corpus Chr sti Engineering Corpus Christi International Airport . Project Scope Corpus Chr'sti Engineering Provides for a Base Bid with one Additive Alternative as follows: BASE BID: • Milling and a new 1.5" HMAC overlay (approximately 2000LF) • Select full depth repairs • New pavement markings • Minor storm water enhancements for roadside swales • Minor water & wastewater improvements for future development • Replacement of the existing overhead directional signage for inbound traffic to the airport ADDITIVE ALTERNATIVE NO. 1: • New overhead directional signage for traffic existing onto Hwy 44 to Robstown and Corpus Christi for Hwy 37 and Hwy 69 Project Schedule Corpus Chr'sti Engineering 2013 2014 2015 2016 3rd Q 4th Q 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd Q 3rd Q 4th Q Design 1st Q 2nd Q Bid/Award 3rd Q 4th Q Construction Project Estimate: 180 Calendar Days 6 Months AGENDA MEMORANDUM First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: TO: May 2, 2016 Ron L. Olson, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager of Public Works and Utilities markvvcctexas.com (361)826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg(cctexas.com (361)826-3726 FROM: Jeffrey Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361)826-3851 One -Way Streets and Parking Prohibition Streets — Add Segments of Artesian Street and Mestina Street CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Section 53-252 Schedule III — Parking Prohibited at all Times on Certain Streets by adding designated portions of Artesian Street and Mestina Street PURPOSE: Both ordinance amendments will improve operations for the CCRTA and Greyhound bus lines. BACKGROUND AND FINDINGS: Construction of the Corpus Christi Regional Transportation Authority (CCRTA) Staples Street Center building is anticipated to be complete for the grand opening scheduled in May 2016. This building is located adjacent to the existing Staples Street Station which serves as one of the main CCRTA transfer stations for bus ridership in the City. The Staples Street Center will serve as the CCRTA's headquarters and will also become the new home for Greyhound bus lines. Artesian Street and Mestina Street are classified as local streets on the Urban Transportation Plan map of Mobility CC. Both streets are heavily utilized by major traffic generators which include the Staples Street Station, Nueces County Courthouse, Nueces County Jail, and Dismas Charities. Each bus operation will access the transfer station utilizing two different routes. The CCRTA will access the Staples Street Station off of Staples Street and Greyhound will enter off of Leopard Street. Both bus lines will exit onto Staples Street. Parallel parking and two-way traffic patterns currently exist along Artesian Street and portions of Mestina Street, from Artesian Street to Waco Street. Both the CCRTA and Greyhound were concerned about the ability to maneuver buses along both streets without parking prohibitions. With support of Nueces County officials, the CCRTA approached the City about a traffic plan that would allow safe bus movement along these local streets, while accommodating some on street parking for the Nueces County buildings in the area. In consultation with both the CCRTA and Nueces County, the City Traffic Engineer proposed the following traffic patterns: One-way traffic flow • Artesian Street, from Leopard Street to Mestina Street (South Direction) • Mestina Street, from Artesian Street to Waco Street (West Direction) Parking Prohibitions • Artesian Street, west side, from Leopard Street to Mestina Street • Mestina Street, north side, from Artesian Street to Waco Street • Mestina Street both sides, from Waco Street to Staples Street The City's Transportation Advisory Commission reviewed and recommended approval of the proposed ordinance amendments and traffic plan at their February 22, 2016 and March 25, 2016 meetings. CCRTA will cover the costs associated with the proposed traffic plan. ALTERNATIVES: Denial of the proposed one-way streets on Artesian Street and Mestina Street and parking prohibition on Artesian Street and Mestina Street. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This one-way streets and parking prohibitions designations conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency; two reading item. DEPARTMENTAL CLEARANCES: City Transportation Advisory Commission, Street Operations 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 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53- 250 Schedule I – One Way Streets and Alleys by changing designated portions of Artesian Street and Mestina Street from a two-way traffic pattern to a one-way traffic pattern and Section 53-252 Schedule III – Parking Prohibited at all Times on Certain Streets by adding designated portions of Artesian Street and Mestina Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised regarding the one-way designation for portions of Artesian Street and Mestina Street. "Sec. 53-250. - Schedule I—One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Artesian Street, between Leopard Street and Mestina Street South Mestina Street, from Artesian Street Waco Street to Staples West Street gi SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-252 Schedule III – Parking prohibited at all times on certain streets is revised to add portions of Artesian Street and Mestina Street. "Sec. 53-252. - Schedule III—Parking prohibited at all times on certain streets. In accordance with section 53-172 and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: Artesian Street, west side, from Leopard Street to Mestina Street. Mestina Street, north side, from Artesian Street to Waco Street. Mestina Street, both sides, from Waco Street to Staples Street." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 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: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas State Aquarium far ,i 6? 611 1 Leopard St. @LV]10dS 1a Zr Lipari St Mary St Ruth St go#ord St , Dart Ave American Bank Cerr,P ■ Iiiihakah..ir= e' Geld t 4. c, isicp irj L'SS Lex i cn SST CD Project Location C 0 Buford St Morgan Ave 54 4- votist 0 ,...,P5 u,VICINITY MAP Or 'Cf' f'' NOT TO SCALED)lik Cote Park Project Number: E12115 One -Way Streets and Parking Prohibition Artesian Street and Mestina Street CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering One -Way Streets and Parking Prohibition - Artesian Street and Mestina Street Council Presentation May 10, 2016 Project Vicinity Corpus Chr sti Engineering awt.awe a Whataburger t -I ied r7 American Bank Center rj ry 04/__ Q2 1DDE \� ,o o Leopard 5t. ` 1 O - a ' i Lip®n St z. L S u ▪ Qo 0In Kn z. errs r`+' `:',Iii } cam . Project Location ▪ C a Mary St �v' P t a fitet Reith St Je b` C U v ®utord Sa Margarr Ave 4- .49 U7 Fyves St Mar/ 9' Coleman Ave .. Buford Sr �N SPS pest, St kin E55 s.' 3-'''''..." -1.h Co 0 d N s f Coe Park 2 Location Map a Corpus Chr sti Engineering LEOPARD ST, N X4E • N 1- 0 4 n PROPOSED NO Elf • Mtn. 51 • INA ST PROPOSED \0 PARRI'� i vE l/u 5T Signs and Markings Plan Corpus Chr sti Engineering LEOPARD ST. PROPOSED PAR{DIS TOTAL PARKING E 4 PARKING 59ALE -,TE,IAR ST. ONE 'AAr 9-99 4' TRAVEL LANE R ANGLED SPA:R. 1 PARALLEL PALE- MESTINA ST ONE WAY TRAM, 15 TRAVEL LANE WE 13 ANCLEE 5RIAL'ES 1!.f N .11 T a P •29= A — • P P 4 Scope Corpus Chr sh Engineering • Staples Street Station - Grand Opening May 2016 • Headquarters for RTA & Greyhound Bus Lines • Proposed One-way Streets - Artesian between Leopard and Mestina - Mestina between Artesian and Waco • Proposed Parking Prohibitions - Artesian from Leopard to Mestina (west side) - Mestina from Artesian to Waco (north side) - Mestina from Waco to Staples (both sides) • More on street parking (angle parking) 5 C Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM First Reading for the City Council Meeting of May 10, 2016 Second Reading for the City Council Meeting of May 17, 2016 DATE: April 22, 2016 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Change Order No. 2 South Staples Street from Morgan Avenue to IH 37 BOND 2012 Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; and authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. Bond 2012, Proposition 1. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Interlocal Agreement with the RTA and a Change Order with, Bay LTD, for repairs to streets damaged by RTA temporary bus detours. BACKGROUND AND FINDINGS: Bay LTD received the award for the Staples Street Reconstruction Project (Bond 2012 Proposition 1) in July 2015 in the amount of $13,414,114.10. This street reconstruction was coordinated with the RTA's construction of the new Bus Terminal to minimize disruption of services and the overall cost of both projects. As a result of the temporary bus route detours, several streets were damaged near City Hall as follows: Leopard Street N. Brownlee Boulevard to Staples Street Mexico Street Lipan to Leopard Street Josephine Street Lipan to Leopard Street (Overlay) Sam Rankin Street Mestina Street to Leopard Street (Overlay) Sam Rankin Street Leopard Street to Antelope Street North Alameda Street Leopard Street to Antelope Street The proposed improvements in Change Order No. 2 in the amount of $358,683.57 provides for the various full depth repairs, patching and crack seals to restore the streets to the same or better condition prior to the detour as shown on the attached Street Repair Map. The three worst blocks will receive a thin overlay to restore the pavement. This is recommended since the required repairs sufficiently repaired the pavement condition allowing a TxDOT approved fiberglass reinforced mat to restore, strengthen and extend the roadway lifecycle. The Interlocal Agreement provides a joint City/RTA participation with the RTA providing $300,000 for the repairs to restore the streets only. The City's participation is to execute the design, award, construction, inspection and contract administration for the repairs plus shared cost for the additional surface restoration to extend the pavement lifecycle. The TxDOT approved matting is the first application of this technology for the City, however, this is currently utilized by TxDOT and numerous other public and private agencies for similar rehab. The City and industry has used geotextile matting (GEOGRID) for decades that is applied to the base and subgrade. This reinforced fiberglass mat is applied between existing and a new hot mix asphalt concrete (HMAC) layer. There are other types of matting applied between the HMAC layers that performs to minimize reflective cracking. This "reinforced" matting minimizes reflective cracking for a much longer duration and adds to the structural integrity of the pavement thus extending the lifecycle. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Change Order No. 1 for $35,376.00 provided for installing 18" Arch Concrete Reinforced Storm Water Pipe in lieu of 18" Round Concrete Pipe to avoid existing AEP and AT&T duct banks. Change Order 1 & 2 combined is $394,059.57 that represents approximately 3% increase to the total contract value. CONFORMITY TO CITY POLICY: Conforms to FY 2015-2016 Street Capital Improvements Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 15,711,063.80 300,000.00 16,011,063.80 Encumbered / Expended Amount 15,607,290.83 15,607,290.83 This item 358,683.57 358,683.57 Future Anticipated Expenditures This Project 44,479.69 44,479.69 BALANCE 103,772.97 -103,163.26 609.71 Comments: City Council awarded the original construction project to Bay, LTD on July 21, 2015 in the amount of $13,414,114.00. RECOMMENDATION: City staff recommends approval of the Interlocal agreement and approval of the change order with Bay Ltd, Inc. of Corpus Christi, Texas in the amount of $358,683.57, for the South Staples Street from Morgan Avenue to IH 37 Bond 2012 Proposition 1 project for additional repairs along streets damaged by bus traffic. LIST OF SUPPORTING DOCUMENTS: Ordinance Budget Change Order No. 2 Form 1295 Project Location Map Street Repair Location Map Presentation Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. BOND 2012, Proposition 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add RTA anticipated revenues in the amount of $300,000 to the South Staples Street from Morgan Avenue to IH 37 project, BOND 2012, Proposition 1. SECTION 2. Revenues and expenditures in the amount of $300,000 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 3. The City Manager or designee is authorized to execute an Interlocal Agreement with the RTA for improvements to streets along the temporary bus route. SECTION 4. The City Manager or designee is authorized to execute a change order for the South Staples Street from Morgan Avenue to IH 37 project, with Bay, Ltd. Inc. of Corpus Christi, Texas in the amount of $358,683.57. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 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: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Staples Street from Morgan Avenue to IH 37 May 10, 2016 PROJECT FUNDS AVAILABLE: Bond 2012 $ 6,900,372.79 RTA Contribution No. 1 771,036.00 RTA Contribution No. 2 300,000.00 Storm Water CIP 4,030,800.00 Water CIP 2,166,034.54 Wastewater CIP 1, 752, 835.92 Gas CIP 89,984.55 TOTAL $ 16,011,063.80 FUNDS REQUIRED: Construction Fees: Construction Total (Bay, Ltd) ORIGINAL CONTRACT PLUS TWO CHANGE ORDERS $ 13,808,173.67 Streets 5,574,507.41 RTA 1,067,783.36 Sub -total Street Construction 6,642,290.77 Storm Water 3,703,202.70 Water 1,865,370.90 Wastewater 1, 554, 070.30 Gas 43,239.00 Sub -total Utility Construction 7,165,882.90 Contingency (7.5%) 1,035,613.03 Construction Inspection 96,066.38 Design Fees: * Engineer (Naismith Engineering) Original and Amendment 1 848,162.50 Testing Fees: 89,350.00 Geotechnical Testing (Kleinfelder) 15,000.00 Construction Materials Testing (Rock) 74,350.00 Reimbursements: Total Reimbursements 133,088.51 Contract Administration (Capital Programs/Capital Budget/Finance) (0.3%) 48,033.19 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (0.5%) 80,055.32 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 16,010,454.09 ESTIMATED PROJECT BUDGET BALANCE $ 609.71 * Original contract issued January 29, 2013. City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 2 PROJECT: South Staples Street from Morgan Avenue to IH 37 (Bond 2012) CONTRACTOR: Bay, Ltd ENGINEER: CHANGE ORDER DATE: 4/28/2016 PROJECT NUMBER: E12096 CONTRACT TIME: 730 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 RTA Leopard Street full depth repair, complete in place 800 SY @ $97.04 $77,545.63 2 RTA Mexico Street full depth repair, complete in place 96 SY @ $205.46 $19,724.16 3 RTA Josephine Street full depth repair, complete in place 1,217 SY @ $81.30 $98,942.10 4 RTA Sam Rankin Street full depth repair, complete in place 631 SY @ $114.18 $72,047.58 5 RTA N. Alameda Street full depth repair, complete in place 78 SY @ $358.83 $27,988.74 6 Utilities Curb and Gutter, complete in place 40 LP @ $84.97 $3,398.80 7 Utilities Manhole adjustment 1 EA @ $2,500 $2,500.00 8 Utilities Valve adjustment 1 EA @ $2,500 $2,500.00 9 Street Surface Restoration to include Ultrafusc, Glasgrid 100 and Milling, complete in place 1 LS @ $54,036.56 $54,036.56 10 Net Total of This Change Order $ 358,683.57 Why was this Change necessary: Provides for repairs to Leopard Street from N. Brownlee Boulevard to Staples Street, Mexico Street from Lipan to Leopard Street, Josephine from Lipan to Leopard Street, Sam Rankin Street from Mestina to Antelope Street, and North Alameda Street from Leopard Street to Antelope Street as a result of RTA temporary detours during the construction of the new RTA Bus Terminal. These improvements include full depth repairs and crack seal. How can similar changes be avoided in the future? Future temporary bus routes will be routed to arterial and collectors that can better accommodate loads. RTA bus routing needs to be approved prior to routing in order to verify street ability to handle the added loading. The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unlotown, foreseen or unforseeu at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 13,414,114.10 Previously Approved Change Order Amount $ 35,376.00 Proposed Change Order Amount $ 358,683.57 Revised Contract Amount $ 13,808,173.67 Percent of Total Change Orders (including this CO) 2.94% Previous Change Order Contract Time 730 CD Additional Time on This Change Order 14 CD Revised Contract Time 744 CD Recommended by Approved by [CONSULTING FIRM[ [CONTRACTOR] By N/A Date By 1 Cy �--I \A Date t:.. s �.:, rn .Ar' : n, + e . Recommended,/*OA CITY OF CARPUS IIRISTI sAe Recommended by: Recommended by: Recommended by: DEPARTMENT APPROVALS: Philip L. Jl'6ehk, P.R. Date Acting Construction Engineer Jcffcrcy Edmonds, P.E. Director of Engineering Services Date Eddie Houlihan Budget and Finance Date Janet Kellogg City Attorney Date Approved by: Approved by: Approved by: Valerie H. Gray, P.E. Date Executive Director of Public Works Mark Van Vleck, P.E. Date Assistant City Manager Ronald L. Olson City Manager 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 parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-47130 Date Filed: 04/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 Nanie of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Engineering 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 services, goods or other property to be provided under the contract. E12096 Street Repairs for Leopard from N. Brownlee to Staples, Mexico from Lipan to Leopard, Josephine from Lipan to Leopard, Sam Rankin from Mestina to Antelope, and North Alameda from Leopard to Antelope 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi , TX United States X 5 Check only if there is NO Interested Party. ❑ tottlunrgq,,., 6 AFFIDA,Vrt ,SAY t "'+' , , �3 i Q ,, p.` •%; F�,R,R:' N,,` •'•s<V . AFFIX NO t , A FAEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ^ Esf,r sitoo, Signature of auized agent of contracting business entity' J D A) b." 1-2- , this the - day of A Pr61 i. , 20 L lc, , to certify which, witness my hand and seal of office. senor L . IqU AS N ict?ue)(.l C, y-e0 Signature .i officer administering oath Printed name of o icer administering oath Title of offitr administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.1021 a Vir '9 I* -6'7" cc? 44m 44- 11-37 _ma LEOPARD ST. Lipan St 6." 1D Cal -13 Hwy St 9 < Rlarth St Buiord St Morgan Ave 1140 Market St NUsligatinn Blvd +ID 4- 41S1 leN qo er ,..-, NORTH -<• le.xas Sl Aquarlu-n • ltinataburger ield PorLAve Arnerican Bank Center .4 Project Area Agnes' St titarY culernan Ave Buford St VICINITY MAP NOT TO SCALE I is Urille3U21 N enyeauei s 0 N it USS Corpus Christi Bay Project Number: E12096 South Staples Street from Morgan to Interstate Highway 37 Change Order No. 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ANTELOPE ST. 8'x8' FDR 10'x10' FDR 30'05' FDR 30'x6' FDR LEOPARD ST. 25'x6' FDR 30'x6' FOR 301 FDR50'x6' FDR 40'x20' FDR x6 FDR 12'x6 30'02' FDR,. 20 x6' FDR ,. .l 80'x&' FDR 250'03' FOR x2 FDR 15'x14 FDR 120'x20' FOR 1- 50'x5' FDR 10'x5' FDR 10'x5' FDR a €� 50'x5' FDR 15'x34' FDR ...r,l.. 5 FDR f., R12va FOR J9(// 30'x12' FDR 100' of Crack Seal 120'x20' FDR 300'x20' FDR 30' of C&G 10' of C&G MESTINA ST. 330'x15 FDR 3'x3' FDR LIPAN ST. Blocks to receive full width street resurfacing 1" 4 � LOCATION MAP NOT TO SCALE Street Repair Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr"sti Engineering South Staples Street BOND 2012 Proposition 1 Change Order 2 Council Presentation May 10, 2016 Vicinity Map Corpus Chr sti Engineering rff a sr,, "rey n� a �r Mc �Sr e 2, ®gym IR -37 v LEOPARD Si. Lipari St n Mary Sl nLenst ro sutrird St Morgan Ave ■ Whatad`nger Field Pert Ave Arneritan Bank Center c Project Area 2&E Agnes.St •' 4 Mary St Gateman Avr Buford St fir S F, 3+ z t m, i R n fry m { eth St Y+ si 0 g Street Repair Location Map Corpus Chr'sti Engineering ANTELOPE ST. I- 8'x8' FDR x/ YO'x10' FDR 'TY O'19 eC,N.. .•Q'x8' FDR LEOPARD ST. 777' 25.8. FDR 30'x6" FCR FDR fur 40'x20' FDR FDR 12 x6' 7x12' FIR."x8' FOR o 60 `x8' FDR 3C x15' FDR 61/..- 1Xxl❑''Dk ve.:�.1"x� FOR E ' '1x5' F➢R 10'xa FOR d13 c 50x5' FDR: z�3 yl_ ■ 15'e34'-F1fR 250'x13' FDR 10x1 S FDR lei- 10x2 Fit 15'x14' FDR 122.x20' FDR - 1.70' of Crock 5 '20'x20' FDR 32x12' FDR 300'1e20' FDR of CAG MESTIVA ST.. 330'x1 5 FDR 3'x3' FDR LIPAN ST. Blocks to receive full width street resurfacing >r r .1 R• 3 Project Scope Corpus Chr sti Engineering Change Order provides full depth repairs and crack seals to several streets damaged by temporary RTA bus route detours due to the construction of the RTA Bus Terminal Project and City Staples Street Reconstruction (IH -37 to Morgan) Bond 2012 Project. Leopard Street N. Brownlee Boulevard to Staples Street Mexico Street Lipan to Leopard Street Josephine Street Lipan to Leopard Street (Overlay) Sam Rankin Street Mestina Street to Leopard Street (Overlay) Sam Rankin Street Leopard Street to Antelope Street North Alameda Street Leopard Street to Antelope Street The Interlocal Agreement provides for joint City/RTA participation: • RTA participation is funding in the amount of $300,000 • City participation is to provide the engineering, construction, inspection and administration plus $58,683.57 to implement additional surface restoration to extend the pavement lifecycle • The recommendation to include additional surface restoration on the three worst blocks was based on the level of repair required • These streets will receive full surface restoration with a TxDOT approved fiberglass reinforced mat and 1.5" HMAC overlay 4 Project Schedule Corpus Chr'sti Engineering 2016 May Jun Construction Project Estimate: 60 Calendar Days N 2 Months AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: April 27, 2016 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Deputy City Manager MargieR@cctexas.com (361) 826-3220 Maintenance of Mirador Outlooks CAPTION: Ordinance accepting $13,000 from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City of Corpus Christi's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; appropriating $13,000 from the unreserved fund balance in the No. 1120 Seawall Improvement Fund; and amending the FY2015-2016 operating budget adopted by Ordinance No. 030620 to increase revenue and expenditures in the No. 1020 General Fund by $13,000 each; and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. PURPOSE: The purpose of this item is to approve a $13,000 appropriation from Seawall Fund to match $13,000 from the General Fund, to create a funding amount of $26,000 for FY 2016. BACKGROUND AND FINDINGS: Upon the approval of the 2015 Mirador Job Order Contract Improvements, the City Council and Type A Board expressed desire for planning and funding of long-term Mirador maintenance. While legal opinion supports this use, the Type A Board has not committed to provide total funding, as they are concerned about the long term integrity of the Seawall's main purpose as a flood protection mechanism. The Parks and Recreation Department included enhanced maintenance as a decision package, but it was not approved for the FY 2016 Budget. On February 15, 2016, the Type A Board motioned to provide $13,000 in funding for Mirador maintenance, if the City matched an additional $13,000, for total dedicated to enhanced maintenance at $26,000 for the remainder of FY 2016. ALTERNATIVES: 1) Council has expressed desire for this to be funded entirely by the Seawall Fund. 2) Type A Board has expressed desire for this to be funded entirely by the General Fund. OTHER CONSIDERATIONS: If there is a desire to sustain this funding model long term, General Funds and Seawall Funds will be required annually. CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi Business & Job Development Corporation (Type A) Parks & Recreation Legal Finance 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 $19,494,008 Encumbered / Expended Amount This item $13,000 BALANCE $19,481,008 Fund(s): Seawall Fund Comments: None RECOMMENDATION: Staff recommends approving the $13,000 appropriation from the Seawall Fund to match the $13,000 from the General fund. LIST OF SUPPORTING DOCUMENTS: Enhanced Mirador Maintenance Scope of Work Ordinance — Enhanced Mirador Maintenance Legal Memo — Seawall Fund for Miradores Proposal for Enhanced Mirador Maintenance • The Parks & Recreation and Marina Departments spend approximately $53,000 on trash and debris removal, clearing sand and power washing, as well as maintaining the three pieces of public art along the Seawall and Miradores. • Maintenance on drinking fountains, lights or benches is performed on as needed basis. • There was not a preventive maintenance schedule or funding available prior to the Type A Board offer. Below is a table that shows the current level of Mirador Maintenance, versus the enhanced level of maintenance that will be accomplished with an additional $26,000 for FY 2016: Task Current Additional Total Sanitation/Debris/Sand Removal $34,141 $34,141 Powerwashing Seawall $1,783 $ 5,600 $ 7,383 Mirador Maintenance (lights, paint, etc) $15,400 $15,400 Seawall Maintenance (spot paint, benches, gaps, breaks) $ 2,000 $ 2,000 Enhanced Inspections and spot repairs $ 3,000 $ 3,000 Public Art Maintenance (Selena, Solar System, etc.) $5,000 $ 5,000 Marina Debris Removal $12,000 Total $52,924 $26,000 $78,924 Expenses for these additional preventive maintenance activities and response work orders will be tracked independent of other funding mechanisms for park operation activities. Quarterly reports of repairs and activities will be submitted to Mr. Ellington for evaluation and shared with the Type A Board at the end of FY 2016. Inspections Current Enhanced Cleanliness Weekly Daily Structure Monthly Daily Lights Monthly Daily Work to be completed within 48 hours of discovery Graffiti Removal Bulb Replacement Spot Painting Bench Repair Joint Calking Work Order submitted to Facility Maintenance for issues not in scope of P&R. Funding for continued preventive maintenance will need to be identified for future fiscal years. Page 11 Ordinance Ordinance accepting $13,000 from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City of Corpus Christi's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; appropriating $13,000 from the unreserved fund balance in the No. 1120 Seawall Improvement Fund; and amending the FY2015-2016 operating budget adopted by Ordinance No. 030620 to increase revenue and expenditures in the No. 1020 General Fund by $13,000 each and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $13,000 is accepted from the Corpus Christi Business and Job Development Corporation's No. 1120 Seawall Improvement Fund as a match to the City's $13,000 appropriation for maintenance of the Miradores in the No. 1020 General Fund; and that $13,000 is appropriated from the unreserved fund balance in the No. 1120 Seawall Improvement Fund. SECTION 2. That the FY 2015-2016 operating budget adopted by Ordinance 030620 is amended to increase revenue and expenditures in the No.1020 General Fund by $13,000 each and expenditures in the No. 1120 Seawall Improvement Fund by $13,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor LEGAL MEMORANDUM TO: CORPUS CHRISTI TYPE A BOARD FROM: JULIAN GRANT, ASSISTANT CITY ATTORNEY SUBJECT: USE OF SEAWALL SALES TAX FUND DATE: MARCH 9, 2015 ISSUE May seawall sales tax funds be used by the Type A Corporation to repair and maintain the artistic gazebo structures known as the Miradores (and the Selena statue)? ANSWER Yes. The ballot authorization language passed by the voters in 2000 was entitled Proposition 4, Seawall Improvements: The adoption of a sales and use tax for the promotion and development of improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements... This clear language means that seawall funds may be used for repair and maintenance of nonstructural projects on the seawall such as the artistic gazebo structures known as the Miradores (and the Selena statue), as these are improvements, which are "permanent structures on real property" under the normal dictionary definition. The Miradores are permanent structures attached to the seawall. AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of May 10, 2016 Second Reading Ordinance for the City Council Meeting of May 17, 2016 DATE: 4/11/2016 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director of Development Services DanielMc@cctexas.com (361) 826-3895 Appropriating funds to reimburse developer for the shared cost to construct Homedale Drive CAPTION: Ordinance appropriating $180.48 of interest earned and approving use of $3,379.80 of interest earnings and $27,703.31 of developer deposits in the NO. 4730 Infrastructure Fund to reimburse Esteban R. Alaniz for '/2 street construction cost of constructing Homedale Drive. PURPOSE: Approval of Ordinance to reimburse Esteban R. Alaniz for the shared cost to construct Homedale Drive. Homedale Drive will be located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. BACKGROUND AND FINDINGS: On October 11, 2005, The City of Corpus Christi (the CITY) accepted $13,056.81 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 1. On November 8, 2005, The City of Corpus Christi (the CITY) accepted $14,646.50 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 2. The initial deposit of $13,056.81 from Diamondhead Development Co., has accrued $1,588.51 in interest earnings. The initial deposit of $14,646.50 from Diamondhead Development Co., has accrued $1,791.29 in interest earnings. The ordinance as presented will streamline the required appropriations and transfers of deferment agreement amounts along with interest earned to reimburse Esteban R. Alaniz for his shared cost of constructing Homedale Drive. Esteban R. Alaniz is developing a single- family residential subdivision named Homedale Addition Unit 4, which is located directly south of Homedale Addition Units 1 & 2. Homedale Addition Unit 4 is located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Homedale Addition Unit 4 will contain 42 single-family residential lots. The Planning Commission approved the plat for Homedale Addition Unit 4 on December 17, 2014 and the public improvement plans were approved by the CITY on March 2, 2015. ALTERNATIVES: Denial of Ordinance OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Esteban R. Alaniz will construct Homedale Drive per the deferment agreements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X No. 4730 Infrastructure Trust Fund Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $31,083.11 $31,083.11 Encumbered / Expended Amount 0.00 0.00 This item $31,083.11 $31,083.11 BALANCE 0.00 0.00 Fund(s): Homedale Addition Units 1 & 2 (263055) — Security $27,703.31, interest $3,379.80 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Deferment Agreement 1 &2 - Diamondback Development, Co. ORDINANCE APPROPRIATING $180.48 OF INTEREST EARNED AND APPROVING USE OF $3,379.80 OF INTEREST EARNINGS AND $27,703.31 OF DEVELOPER DEPOSITS IN THE NO. 4730 INFRASTRUCTURE FUND TO REIMBURSE ESTEBAN R. ALANIZ FOR 1/2 STREET CONSTRUCTION COST OF CONSTRUCTING HOMEDALE DRIVE. WHEREAS, On October 11, 2005, The City of Corpus Christi (the CITY) accepted $13,056.81 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 1. WHEREAS, On November 8, 2005, The City of Corpus Christi (the CITY) accepted $14,646.50 from Diamondhead Development Co., as payment in lieu of Diamondhead Development Co.'s obligation to construct one-half of Homedale Drive and supporting infrastructure as required to develop and plat Homedale Addition Unit 2. WHEREAS, The initial deposit of $13,056.81 from Diamondhead Development Co., has accrued $1,588.51 in interest earnings. The initial deposit of $14,646.50 from Diamondhead Development Co., has accrued $1,791.29 in interest earnings. WHEREAS, This ordinance as presented will streamline the required appropriations and transfers of deferment agreement amounts along with interest earned to reimburse Esteban R. Alaniz for his shared cost of constructing Homedale Drive. WHEREAS, Esteban R. Alaniz will construct Homedale Drive, and the public improvements were accepted by the CITY on March 2, 2015. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Interest earnings from Diamondhead Development, Co., of $180.48 are appropriated in No. 4730 Infrastructure Fund. SECTION 2. Security held from Diamondhead Development, Co., is authorized by M2005-351 and M2005-388 in the amount of $27,703.31 and interest earnings of $3,379.80 for the sum of $31,083.11 is approved for reimbursement to Esteban R. Alaniz for 1/2 street construction costs of Homedale Drive from No. 4730 Infrastructure Fund. SECTION 3. Reimbursement to Esteban R. Alaniz in the amount of $31,083.11 is approved from the No. 4730 Infrastructure Fund for the shared cost to construct Homedale Drive. 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 Nelda Martinez City Secretary Mayor Vicinity Map VICINITY MAP HOMEDALE ADDITION UNIT 4 cm HOMEDALE ADDITION UNIT 4 Calf e/ Mexico Aerial Overview AERIAL OVERVIEW HOMEDALE ADDITION UNIT 4 A t N Aerial AERIAL MAP HOMEDALE ADDITION UNIT 4 Homedale - Street Layout DEFERMENT AGREEMENT 2005-508 110.43' Z x HOMEDALE ADD6105 LIN 2 VOL 17 PG 5 23 M.R N.C.T. DEFERMENT AGREEMENT 2005-508 109.99' DEFERMENT' AGREEMENT 2005-551 22 114.42' HOMEDALE DRIVE 4' SIDEWALK T 1Q 1 -17 r I I I I I I I I 0 2 I I 12 � 1 ` 15 EXISTING PAVEMENT O PAVEMENT 16 I 1( I 1111 L EXHIBIT SHOWING CITY PARTICIPATION IN CONSTRUCTION OF HOMEDALE DR. PER DEFERMENT AGREEMENT DOCUMENT NUMBERS 2005-508 005-551 INDICATES AREA OF CITY PARTICIPATION Prepared ar Bass & Welsh Engineering 3054 So. Alomedo 5t. Corpus Christi, T.v. 78404 (361) 1052-5521 (phone) (701) 882-1255 (fax) Engineering rrm No. 52 Surveying Firm No, 100027-00 Jab No.: 13076 Date: 1-25-16 Drawing Na. 140—LAYG11T 2 Plotscm'e: 1:1 Sheet 1 of 1 4 DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Diamondhead Development Co., ("Developer"), and pertains to deferral of the improvements required prior to final approval of Homedale Addition, Unit 1. The plat of Homedale Addition Units 1 and 2 was filed for record with the County Clerk of Nueces County, Texas on October 22, 1954 and is recorded in Volume 17, Page 5, a copy of the recorded plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is being required by the City of Corpus Christi to defer construction of sidewalks, curbs, gutters and street paving of the remaining unimproved portion of a half street (Homedale Drive) as shown on attached and incorporated as Exhibit 2; and WHEREAS, the Developer is to endorse a cashier check payable to the City of Corpus Christi in the amount of thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit 3; with the City of Corpus Christi; and WHEREAS, the Developer will deposit the sum of thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3, with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and NOW, THEREFORE, the City and Developer agree as follows: 1 The City agrees to allow the Developer to defer construction of the required street improvements including curbs, gutters, sidewalks and pavement section along Homedale Street as shown in Exhibit 2 until the City causes said improvements to be constructed as a portion of an overall plan. 2. The Developer agrees to deposit thirteen thousand, fifty six dollars and eighty one cents ($13,056.81), with the City of Corpus Christi, which is 110% of the estimated cost of constructing the required improvements, Exhibit 3 and if the deposit is not made before the City Council meeting on September 27, 2005 this Agreement shall become null and void. 2005-508 10/11/05 M2005-351 Diamondhead Development 1 of 4 3 The principal amount of thirteen thousand, fifty six dollars and eighty one cents ($13,056.81) shall be placed by the City in an interest bearing account and the total sum, both principal and interest, shall be made available to the City of Corpus Christi solely for the construction of the required improvements hereunder Such funds shall not be used for any other purpose whatsoever. 4 The City's Director of Engineering Services, at the Developers expense, shall file for record this Deferment Agreement in the records of Nueces County. 5 The City agrees that the sum of $13,056.81 cash, or 110% of the estimated cost of required improvements as shown in Exhibit 2 has been received by the City, the City's Director of Engineering Services shall issue a "Final letter of Acceptance" for Homedale Addition to the Developer; Diamondhead Development Co. 1618 Cantera Bay Drive Corpus Christi, Texas 78418 6 No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 7 Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 8 This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 9 The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreements as Exhibit 4. 10. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 2 of 4 EXECUTED in triplicate this Z1 day of C.tv ,Q,ci-v , 2005. Diamondhead Development Co. ("Developer") 1618 Cantera Bay Drive Corpus Christi, Texas 78418 By: i"`4 �+ And By: Freddie R. Seaquist, P'artne For Diamondhead Development Co. Gerardo M. Garcia, Partner For Diamondhead Development Co. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the'b Ir day of 2005, by Freddie R. Seaquist, Partner of Sunray Enterprises Inc., a Teas Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 1. STATE OF TEXAS COUNTY OF NUECES itdQd4"Ci NOTARY PUBLIC, STATE OF TEXAS This instrument was acknowledged before me on the l day of 2005, by Gerardo M. Garcia, Partner of Sunray Enterprises Inc., a TexAs Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 1. ATTEST By ARMANDO CHAPA, City Secretary CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: E NOE ity Manager APPROVED AS TO FORM: This day of > ;t , 2005. By Joseph Haney Assistant City Attorney For City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § i Titii ' tr nt,was acknowledged before me on the day of 'f" , 2005, by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. Or SY COUNCIL RFiliirr ;% l L A4,t, /4t),,�� NOTARY PUBLIC, STATE OF TEXAS Connie Parks .w My Commissan Expires Ncw.64 November 09, 2007 4 of 4 1 ZIiIIHX 1 J7.178 5' /fru ea✓Nrr y uuzcer 7747 pa/ Pp,e.M dy STATE 04' TEXAS COV4TX OF htt)11(3 70,4 mep .100044545,E AC0/7/000 4/TJ /e i 703, 0 ty. /he J.7 ecb n( fes//c nr04 74.4, //u� ' AY •'-�V'-lre/'.r.i _/951 ll 4 A., fe-v °t S./POC/9 L+ifN-04-00 DRIVE YF. AUM 444.9545// .// e6/ Fd/ Vh/ld/11.10/.4 y hTerf a ruu '0J'44 Of NUECES Ml. embraced /0 0401 00 5/105 • e,E L• /,044'04 .shon5 M, II0 /he e7any.ng epe,,/ !ha/ eh 1, 1 0/ .,,5 (/ei./£ v.btd hed5505ua m/nea¢m yAq p/./ /Aa/.ertelee 0.» /hal enle ei nab/e<did-,,0. b'ti -�yo! f�d�m a�mrbnfihn rn.e /he'/! "av o' f •-�{ 5147E rr 75(45 (00470 0! N05(70 Ha-NA,./Aut., .b m 7000 /,e phrs /'a +-.,4.•/4 dr, /, .5 /hel .b/4. MY/ie'a1/ rdlu' a} rvw/erl�i /, circa /ha/ he ern -v/-2 sooe /. h!e rm▪ eTri /rmr 15.ren•rp.,444,0440 iM rape./r. ,.el, Jne. 4.5 ey e. l/amt/., nhre e/ l1e, oe i : - / .,,�, aA,d-.,,.d.,,O - rip,== .,v /ca. ,.k dK 77,,01/ )lryha /L',x moi' S TATE OF ICK AS COUNTY /Y NUECES Ckl me, Oho w4r.35ed eo/M .,y m Il.. • c,45,%-.- _ !/e Mare / E. /0,e le be /1/ P0'.0• .-An 07/0/77 N /J H Ne ry / m.rWjni /n h. onnebF5547u5,�0 ed P ./ l -d, (v.v.,•4 ,o/ y hee-/! b^l n 1 v nem /Mgd I he 4. hr p- Meh,/ PTV ri U nel /4.e,/. M•ee ad /wbe / - h'dh,k mY haM r.5/ l / e!!ls /FJ1 (/0/070 Of VUECCS 7, g W Med of7474, 10 0174/ :00/7/01: e // enin9 pled O/ Nr, and i0 400/700 . /5 / .ry A-d.,,e end., my director, �.! ;s 1,,.e and 157,7// /h N / c/. Ai 5 M1- /+ / 1 -r-1 b heh d // 9ylauV^"d 155 e :.,.. y .y m erne r.1 .rte <e n • .. ctH.�.� 574757es COVN7Y OF N(/FEES lab ere liry 150.' /.00 /,7500;74540 c' Ncl w//0 /Mn /. / /"e Cre 70570-50.5 Coo.., e H r</l das, aepi.,m 57.175 OF 75.(45 (U/0070 OF NUECES 01.1,0 £u✓M/ o/ ,MMIOdLE/00/T/0N2/015 hal pprercd e/ Caw cede!/, nese a5 u. D 4ry,f_S.r e_- _/ p e//ee/ )nn1A4_dey ,f-.3f_V-. //e d/ �er��lf 7577 a«. 777er 0 /7,1e.rd n. rvne and P/eee., termed, a/.14 (/y STAT£ O" TEXAS CLVNTY OF A'VECeS / M,.. Henry £.Gouger, C'kra 0/ /h Ce./r! o/ Nueces Counly,7 has, do hereby rer///y /hal /,b fee ge'ry p4I 5! /4+0.4/7 Acbi/1*, (Ade/ an , da/ed J..1 1d -_ /954, w; /h i/0 ,.r//r/rale e/ au/Mn//re/Ah. was rd., for recordmm o!! /he_ A}, day ol Ocs. _/942 4110/'7,0(/79.0 and duly 751,7 ahohko',, Seal / ogle, t%Spoe Cloob, T /be �� M "./ a0m•e AOD�rioi� Un/ts / & 2 /SSFINC 4 SU9011/13/06/ Of LOT 20 Of SECT,ON l9'f LOU2 IL/5,7.A EO/C/NA£ FARM ONO O4RDEA/ TRACTS - /N 412 20 ACRES ^- •Nua cos cau,vTy, TE-x4s• ✓m OA0001✓a.,, wester n //4./5u/-ow//ras.uv/71.(104cnee) .. u. 141/us a.e 1,5.4452E tuz/05 - CwVFFS'OV/T 1' (/CJeaes) EXHIBIT - '/73 /I1 4.r(£ 5") 9 JI: � 4/3‘4,1r Filed For Record a1/•7ao'0.1, 11_00 y`yI Ocr qz LIVC3I VC�ILE'P ll Ca MRS E0.T E.r,OLGEF VerUnCON r a50Ci1it5 r 5 h trvLYVes/T. p'o�/Y JI6//. 9 / /951 Jen H. 96555 EXHIBIT 1 A J 'e 6 3 w 0 V1 CC V Z O 0 U W N J z Z 0 7 U Z 0 J 1.0 W 0 K a >- U 0 z Q N U 7 2 z O U W N - EXHIBIT 2 HOIVIEDALE ADDITION (N t `NDS REQUIRED TO COMB 1 TE REQUIRED IMPROVEMENTS TO SOUTHERN HALF HOMEDALE ST) 1 Excavation 6" Curb & Gutter 3 4' R.C. Concrete Walk 4 1 1/2" Hot Mix Asphalt 5 6" Cement Stabilized Base to 2' Back of Curb 6 Traffic Control Pollution Control * Lump Sum 220 L.F. @ $9.00 880 S.F. @ $3.00 293.3 S.Y.@ $5.50 391.1 S.Y.@ $6.50 * Lump Sum * Lump Sum Total Construction Engineering (7.5%) _ $ 1,844.00 1,980.00 2,640.00 1,613.15 2,542.15 115.20 307.20 $11,041.70 828.13 Total = $11,869.83 Required Additional 10% * Based on Percentage of Overall Lump Sum Bids 1,186.98 Total Required = $13,056.81 EXHIBIT -3" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME: G/ANJONDHEAD ,DEvELePM?ENT C. STREET:/S ',`',NTET"9 P.�.97 DR. FIRM Is: 1 Corporation 0 2. Partnership yo 5 Other ❑ CITY: �orPu5 C. A'1f 3. Sole Owner 0 ZIP: 78 /8 4. Association 0 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 Tide and City Department (if known) NoA/6 2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Title A/o /Ye 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 Non/E 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 /1/o NE Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: /-7.PE9P/E SEAQ U('ZT Title: g4eii7TNEA yps or Print) Signature of Certifying Person: Date:.., //l 2G /Zoo s • , EXHIBIT 4 DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Diamondhead Development Co.. (`Developer"), and pertains to deferral of the improvements required prior to final approval of Homedale Addition, Unit 2. The plat of Homedale Addition Units 1 and 2 was filed for record with the County Clerk of Nueces County. Texas on October 22, 1954 and is recorded in Volume 17, Page 5, a copy of the recorded plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is being required by the City of Corpus Christi to defer construction of sidewalks, curbs. gutters and street paving of the remaining unimproved portion of a half street (Homedale Drive) as shown on attached and incorporated as Exhibit 2: and WHEREAS, the Developer is to endorse a cashier check payable to the City of Corpus Christi in the amount of fourteen thousand, six hundred and forty six dollars and fifty cents ($14,646.50), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit 3; with the City of Corpus Christi; and WHEREAS, the Developer will deposit the sum of fourteen thousand, six hundred and forty six dollars and fifty cents ($14,646.50), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3, with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and NOW, THEREFORE, the City and Developer agree as follows: The City agrees to allow the Developer to defer construction of the required street improvements including curbs, gutters, sidewalks and pavement section along Homedale Street as shown in Exhibit 2 until the City causes said improvements to be constructed as a portion of an overall plan. The Developer agrees to deposit fourteen thousand, six hundred and forty six dollars and fifty cents ($14,646.50), with the City of Corpus Christi, which is 110% of the estimated cost of constructing the required improvements, Exhibit 3 and if the deposit is not made before the City Council meeting on October 25, 2005 this Agreement shall become null and void. 2005-551 11/08/05 M2005-388 Diamondhead Development 1 of 4 The principal amount of fourteen thousand, six hundred and forty six dollars and fifty cents (814,646.50 shall be placed by the City in an interest bearing account anc the total sum. Doth principal and interest, shall be made available to the City of Corpus Christi solely for the construction of the required improvements hereunder Such funds shall not be used for any other purpose whatsoever. The City's Director of Engineering Services, at the Developers expense, shall file for record this Deferment Agreement in the records of Nueces County. The City agrees that the sum of $14,646.50 cash, or 110% of the estimated cost of required improvements as shown in Exhibit 2 has been received by the City, the City's Director of Engineering Services shall issue a "Final letter of Acceptance" for Homedale Addition to the Developer; Diamondhead Development Co. 1618 Cantera Bay Drive Corpus Christi, Texas 78418 e No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113; to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 2 of 4 EXECUTED in triplicate this ZIub day of 1'4045%4(2 , 2005. Diamondhead Development Co. Bv• Freddie R. Seaquist, Part er For Diamondhead Develo ment Co. And By ("Developer") 1618 Cantera Bay Drive Corpus Christi, Texas 78418 Gerardo M. Garcia, Partner For Diamondhead Development Co. STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the Zyo day of NOVA - 2005, by Freddie R. Seaquist, Partner of Sunray Enterprises Inc., a Texas Corporation, an behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase 2 STATE4TE (A -S - COUNTY OF NUECES NOTARY PUBLIC TATE OF TEXAS This instrument was acknowledged before me on the Z*+D day of lo'/E- tuleert 2005, by Gerardo M. Garcia, Partner of Sunray Enterprises Inc., a Texas Corporation, on behalf of Diamondhead Development Co. owner and developer of Homedale Addition Phase2. 1 NOTRY PUBLIC, STATE OF TEXAS 3 of 4 N.TTEST: B� ARMANDO CHAPA. '1;ity Secretary CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: G,2'OhGE NOE City Manager APPROVED AS TO FORM: This _ day of Lig Joseph Harkey Assistant City Attorney For City Attorney , 2005. AU IHu1ilLL� ar rooNcIL ..�......�L/ ,M.,_...._.�.SFeRFTAtfv THE STATE OF TEXAS § COUNTY OF NUECES § This truwnt was acknowledged before me on the ( day of 2005. by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS 4 of 4 14 1F 1`^ y;' 11:t111..1y 41;ii. 11 '..,1.•'.4--. '. `S1L`. ' xji f ? IAV jiiai= a! w�%t 1 '.2' bf Ali. -1,^ N i,;p14g.,4 1-.-z-k.r1 ; �3 t4i ,a --S. *pi$ �F.ia ..1 4.71°1;1 pip ,k.1.1:Attl- 4:ktilI,1 , H y i, ;;; -z y2ixZ '""""%moi•:;- .. -=-v • r�? s 2 / ' O —T—I---; ei 'Is I ow • a .42 r •loee7.0,J Mep• EXHIBIT 1 F . 21 2. " al x " L«.i g i tis. 1_ . .1 9 1 - V }s' "�. ...r 4.1-71. dl. —T—I---; ei 'Is I ow • a .42 r •loee7.0,J Mep• EXHIBIT 1 O' cc P-• O 0 U 0 cc z z 0 a cc 0 U 0 r N J W 0 C 1 z 0. Lal W r N (2,,,, -1.1094410W ..Z.9.1.Y.10 I., 1 ill 1 .4 1Nvid `x!r/J `i, f, an'' S0'9/'9i I og,tf'!x'14 '41/411 vnerrr P7 i n'a C/91 VA, 9$'./ '91 'dls a us wed p'k7r/rr'$'r9 1 9,XS 1/9. b /5',5/ ' 71 J 1- DO r x w o/ / V1S 43 oW 2 wV '7YM �* /w 1%1i-01'22 OOfc7 VIS z —J 0. EXHIBIT 2 HOMEDALE ADDITION PHASE -2 NI3s Rt?QI JIRI ?I7 t O COMM ATL REQIJ RV;) IMPROVEMENTS TO SOI JTHERN HALF HOMEDALE ST. 1 Excavation 2 ii" Curb & Gutter 3 4' R.C. Concrete Walk 4 1 l `2" Hot Mix Asphalt 5 6" Cement Stabilized Base TO 2' Back of Curb 6 Traffic Control 7 Pollution Contra] * Lump Sum 220 L.F. @ 57 50 880 S.F. @ 3_30 293.3 S.Y.? 6 30 391.E S.Y.C. 7.50 * Lump Sum * Lump Sum Total Construction Engineering (7.5%) $ 2,582.00 1,65-0 00 2,904.00 1,848:00 2,933.00 85.00 384.00 $12,386.00 929.00 Total $13,315.00 Required Additional 10% $ 1,33 L50 * Based on Percentage of Overall Lump Sum Bids Total $14,646.50 EXHBIIT-3 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". FIRM NAME: D/AMo,I/DNEAA DE✓E(opMEN' T CO . STREET: /la /g 64/176X4 r QR. FIRM is: 1 Corporation ❑ 5 Other 0 CRY: GOA' U5 c,4'iP/ST/ ZIP: 7:644/2 2. Partnership 21 3. Sole Owner 0 4. Association 0 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) /Va A/6- 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 C9ERAR4=20 41 C 4A'G/R 6./ 77" 6-16UA/GIGM,4,V AT Z4/?&E" 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 Mo.VE 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.VE 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: F/reigD/E .1E -4Q . / 5T Title: P,4/4r7iVE/e (Type or Print) Signature of Certifying Person: Date: / 2/47 ./0.0-C EXHIBIT -4 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 10, 2016 Action Item for the City Council Meeting of May 17, 2016 DATE: April 11, 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 the developer for the City's cost to extend Homedale Drive CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with Esteban R. Alaniz, ("Developer"), to reimburse the Developer up to $38,614.71 for the City's share of the cost to extend Homedale Drive, in accordance with the Unified Development Code. PURPOSE: Esteban R. Alaniz will extend Homedale Drive for proposed single-family residential subdivision named Homedale Addition Unit 4. The subdivision is located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. BACKGROUND AND FINDINGS: Esteban R. Alaniz is developing a single-family residential subdivision named Homedale Addition Unit 4, which is located directly south of Homedale Addition Units 1 & 2. Homedale Addition Unit 4 is located south of Purdue, east of Flour Bluff Drive, west of Waldron Road and north of Glenoak Drive. Homedale Addition Unit 4 will contain 42 single-family residential lots. The Planning Commission approved the plat for Homedale Addition Unit 4 on December 17, 2014. The participation agreement is for the extension of Homedale Drive to Retta Drive. This extension will provide for better connectivity and access for emergency responders. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending Homedale Drive for new subdivision as provided in the Unified Development Code. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Revenue Capital o Not Applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $1,391,965.52 $224,662.27 $1,827,877.44 This item $38,614.71 $499,302.42 $537,917.13 BALANCE $538,750.35 $69,419.77 $ 26,035.31 $634,205.43 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 ESTEBAN R. ALANIZ, ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $38,614.71 FOR THE CITY'S SHARE OF THE COST TO EXTEND HOMEDALE DRIVE, 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 Esteban R. Alaniz, ("Developer"), for the CITY's portion of the cost of Homedale Drive, including all related appurtenances, for development of Homedale Addition Unit 4 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 City Secretary Nelda Martinez Mayor Resolution- Esteban R. Alaniz-Homedale Addition Unit 4 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- Esteban R. Alaniz-Homedale Addition Unit 4 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 Esteban R. Alaniz, ("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 9.970 acres of land out of Lot 29, Section 49, 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 Homedale Addition Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Homedale Drive for a distance of approximately 272 feet to connect with a Retta Drive 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 $38,614.71. 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 Govemment Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY Esteban R. Alaniz-Homedale Addition Unit 4 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 HOMEDALE ADDITION UNIT 4 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 1NDEMNITEES, 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. Esteban R. Alaniz-Homedale Addition Unit 4 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 Esteban R. Alaniz-Homedale Addition Unit 4 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: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: If to the Owner: Esteban R. Alaniz P.O. Box 639 Corpus Christi, Texas 78072 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be May 17, 2018. (EXECUTION PAGES FOLLOWS) Esteban R. Alaniz-Homedale Addition Unit 4 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 APPROVED AS TO FORM: This (\ ', �v Assistant City Attorney For the City Attorney day of f' f 1 , 2016. Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Standard Form Participation Agreement Version 1.0 3.29.16 Page 6 of 7 OWNER: Esteban R. Alaniz ‘6( Esteban R. Alaniz Individual STATE OF TEXAS COUNTY OF NUECES § Q Date This instrument was acknowledged before me on 2fidd� 'i ' , 2016, by Esteban R. Alaniz. ALI 5 /.") Notary Public's Signature Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 STATE Or 1E14 CO51TT Or M¢E12 2 P. 61m1M R. fume Iw]Q51 (11617 1177 1 Au nil Owen Or 116 4504(511 120412 2(1661. 5702 A L52) 52 16161 Or CREASER STAT( 52444. AM 11141 16 RAVE N10 SAO LOC 1AR4ET02 AS 6404414 RPEW FOR DC P16MOSES 161625661104 A7C 22.[05032 ALL 1115111 (.1$0713 AM 6017 -Or -RAT ARL ODI(A16 TO 611E P17Rfc 162. MR RE 040671021 R I14M134M12. of PUAIC STREETS APO 0171163. THS 554 541_01 2012 CROW R. 414152 STATE Cr 17026 $ MATT Or 2612.66 1 116 56T601 121 RAS A04504EOCD OEdS YC 514 61615 5. AMPS 1255 MOAT or , 5013 1437461 RA= in AM 50R 11C STATE Or 10146 NOTES 1 111E ORD 5(2060161$T. 1.5 1616110, 6 A 2(02160451 7 111( 20340 00614116[ A110 6 SUMO. TO DAME Al RK 20450 1415 CHANCE. 7. TIC DAM Or REARM 6 M STAT( Or TEXAS. LWOW 616. SCUM 2065. MAD 116.7. 3. 111[ 0667 P11OPCITY L¢ w 205( C AS LOPS 51 RIC 5( 541. DIOI(lLT 16622162055 ATORT (7061) 16? 50 463454 0311 C CARD .651 T6 T523. AREAS Or 251102 11.00046 4. 711 CStrrPC 553(5 FOR 1/2. STOMA 1.412.5 RMO1T ROY 053 2600511 6 RE *656142 .OR[. ME MCC RAS 6.I63 THE A0M11c 2561 110E 261 06 L411112 5202E Al i CEPTOR L" YC 771STIR DATES". 7CC0 ALSO CAOCOMO) RHE LACUNA 2YCE AS •1S51AC1 5((I5A1105. 262.. P6 TM 1S10T 41API FOR 670024 0522482.E FOR 7213 AREA 1ST OF 0.056= 5010 APC 124 21000 RLR MEA Or RHE CC52U1 06312. 8781. POOLS= I5 166 1 5/5" 5101 50173 AT ALL ADT CORK01. 5. 1115 TOTAL PASO 6LA IOLLIMIC 01010 ODICATON 6 1.57 AC/115 Pµ1 Or HOMEDALE ADDITION UNIT 45' IOWA 2.1170 AO=a O0 LAM GALL1150 art I Of 10120 50120152. naw Ruff 504142 R GAMER TRACTS, 51 211-CE3 COTST!, EMS ACcOPOIl0C To TRE IV.e OR OUT 5[2166 N 515522. A PAGE 41-41 YAP 600106 05 552ECE3 C[I2417. VMS. AS ECM= N DEm I CPD4O33273 MED 6¢91(3 OE PA[GQ COMM 10181 CONTam C 5.510 1562.3 Cr 1(10 S1A17 Cr TOS 4 0024317 Or 2mAitA 1 W(©WELD ow rr x>r Pl NA%Caww:am OAS NT/CE0 OF MEATS STATE 604a 611 11487 MATER STATE WAD IS TRE 20004 O • 4204 ROOMY 46@001 3110812 203(5 AM 152,1 GREATER STATE RAM APPRCAES SAO SUROR1E1012 FUR TK PURPOSE STAID Iwl®PI. TI5( 1116 _ OAT Or 7511 LUIS 0041"44.3 PIESCOrT/CE0 Or CREATED STATE 5456 STATE Or 110527 MOM Or 110416 0 Ras 46TIRA5 41 6A5 4561 0jOOLD BUCK AK 51 M6 THE OAT Or 3013 POTART PUDE W APO 206 754 STATE Or 13743 503411 OF 1161013 E 10.6141 PASS. AFL. 6rla1EPEO PROET4OYNc 2AM 52111610!, 1462.51 (ERT MAT 112. FO60iaRC Pµ2 143 N0PA6D 76ow A sum? DADE C5 161 60050 GOER uT 0DEC1105 APO 6 TRUE 90 CORRECT. RIE 112E 154 EAT Or 501(50(5 7011. RAM SPOIL -11N MewiO Ar BASS & WELSH ENGINEERING! 2.67003156 0456(41 ARO 321461065 3054 3020 41166A 11202.7 76404 P.O. 508 (357 75464-5317 1007012• (361) 652-7631 5.20603. 061) 562-1270 r/w RE651PA70a1 5C. 2-S2 0051116 [) rid PEOSTRA110P1 M0 100227 IRPMT14) CORPUS C5R151L 1E1143 ExhIbIZ 1 1105IyA \1\\N mR 1120 PAW W4 RNA LOCATION MAP SCMEI•-7001 5141( 0r 9W 2 C414411T a WEC6 1 lit PWA. PAT Or THE MEM4 DE5C116[0 PR05 01! WAS APMOI(D 5T SIC 4670410 C04.4.4124:40 STN( LOT Or CORPUS 02.5611, TRIO I56 111( OAY-�r _ O AA1111.L 64676[2 AIA, LADN 01(5211. - 06®0, 1.02 ALC2.. STATE Or SOWS 1 COWiE Or RECD TIC MAL PAT Or TIC 142.06 06CM5[O PROP0T RAS 446360469 51 TIE OOPA6TLO2T Or 000.. 1017 SOMA( Cf THE O 11 Or CORM Clint MAI. 557 TI OAT Or 2015. 11OVOOPM047 SE6wC6 DOWER STATE Or 130.45 (116621 Or MACES E SMA 160E CLEAR or IRE (1522 (651 51 N0 161 150 cowry, Do 56367 165110 11147 1116 20220123 012114125E T7 54102 115_CAT a , 5013 1172) 63 CESTVICA11 16 5201[51121(21, 081 272.0 TOR 5ECa1 55 W OMA TIE OAT or 7015 AT O"(FOGS .1. 2255 CTAT 112.[53(6 RE_,CAT 16 2013 5r OYIOCA .1. P TRE WP RECORDS Or 650 2771422! w 553.1.04[ 1 . 2ACE 561443311 MRI®1 WOMBS W TWA A.C. SEAL Or THE CYMTT CMOS M AM 5(6 SAO COUNTY AT MICE R OORP 45 66611. WELLS 06041. OPUS, 62. OAT mA OAR LAST 11/10102. 02.511142.2 Al 145* )11T 4 LN�S ShrlrT. TOA! 91¢1 1 Or 2 Page 1 of 2 ~I\J +.1Ir 14 \OL 14y1LS sceoNcrw L70 05 2 1 10 211 IC . 24024C7fZ .4.00004.2 1*01 7 YC( 17 PO 23 10 G It 4.11'20177 10a.i ; .y1\ 1 p0a5 y 14011 O 430 yO 4 14099' 0401 y 139,91' 131.1 2390 y 1 nx 5 -1 131.111 03011 y I I $ 120.71• O 5910 IF // f 36179'471 11917' I'IOMEDALE DRIVE /at,�. 2 F. 19370 1 4439 •6".1T 1 s7 ' 30200.ar :-.IF 1L _ = 7.,gL_"�f. c.7.4,•1 / 1 2 1111 5476 S I 1 991 $ 1 10370 1 S7 I 140001 . 0270 Sr 1 i 1 14667 2170 Sr O I 14006 8 0033 Sr I I I 1 11 I 14000' afro11 ' 1.0-06' 1 522254 t I 1 150.00' ` 2270 s1 I 140.00' 543a 71 I 2� I $ I F) I 1 I40.ar I2 6 5220 i c I 14500' 11 6220 31 I F q 1> r0. 1 I 1 1 14000• �.1- 7 I 0120 21 I ,30179'47'0 1 140.00' 0 1 6x70 70' ! S8179'471 I 1 1 I 1 r R 1 14000' i I 077: Y 1 g 73em�-Te- -. I 140.00' I I 637El ; 71- ^-laneJ-CV, "tt - x6521477 260.0' _a PA VI9TKD VE - 2•' rw 1rr' w R.x c.T. 30 .9 1 I N191'2544•0 GRAPHIC WALE 10310 b MT Sr O tx 151 R2F 1 WW1 .14:.3 IMO 198.35 33130 Vr 12 30710' x01'71'477 700..31' -3rx 1 21' YR.1 13 ;soap y 75 I 14 1 1A7 /15.1_01.22 A731ri1. I .147 21 1 vex. 4. ? 241 5540030301 1012477 .7 pl 41t473 744- 222 == yl VOLN PO 77 L. R cr L 313 13 C. 7.244Zs.44 rl Ta'^!r IS' 14_ 11�._-T 11. 1.L _� xQ 1 WI " ,70x7 3 I b`•.c 17#'f /307 y welt 134 '131.• �ie L-511704711-0•7R.L 11 121.39' 1 GRAND VEW _ CURVE TABLE 2vmt 171024 540,5 0720 OIp10 71111@!1 01 17,7` 1600 9600 W' M, 679'4799 10.02 07 2930 3100 44.01'11' 45636.9' 1172 13 30. 4, 30.00 549111"„j3:4730'49 -E, 70.71 04 3520 70.00 401231X0' 50623'47-9 14.3, 13 44.00 700 .62 73631'49'0 x4.17 CO 4949 1050 03.94.1 s' Se":533 7e'71t 747• C7 72,07 32.00 .1.1.•37• x!'3'477 1..00 Ca 1.51 31.00 746'41' N9r3l'057 0.07 05 =.ly_2_1p022772' 470.'23'191 1.10 610 2777 mos 4645.17" 1.2T17.4YR 14.71 011 40„ 40.00 424614" 02111131 2004 Cl2 4317 7000 .T3L. .251011'447 74.13 013 3151 350 K4172' 44670'747 10.'.14 014 35.41 3000 01'11' 70639'307 70.21 727 23,97 31.00 360793' 303.3]33'7. 13.47 Cls 402 3100 5.3.03' S73lr101r 2.01 517 17.7 10 00 960000' 07313013'12 10.50 210 17.7'.. 1000 160600' 51679'477 1000 CIS 17.71 10.00 3600.00• x1129'477 16.00 070 12.71 10.00 50y0.00' 573.70 137 10.00 521 1371 1.2.00 1690.00' 81620.11E '0.00 022 lan ,006 060609" 47.0'361.1 •00O 17r 179 U• 70. t0.. ;,.-T 0 60EI`st I -I fa O 131 03 13 0072 70 130.00 77 7011 30 I 1 1 I 4x1 2392,.72 1 O S 2063 y 1. 1 $I 13951 20 °m° u 2 f 210.70' Y170 sr 11.1 4/1"29'477 15 111L0 1 1510233 Sr 2' <, t s b 1' _6203 y elk 1C1 Zr 72' 11 0032 Sr 7 :327 TY]{ `1^l0 42.0. 197.54' 7,0031 L.. l iDL R6rU0'101r Y6ra •,. '4 r 7R307 3 r faSKN 57 Pd .71 512 57 Exhibit 1 LEGEND ILL 12,1001014 Man OL r MP/ 11.4:11017 75 mi tl 7liR OWN MT 14. 6471 - Lit M. lee mut 40 Immat s. N ore COMM9 WI= rpw 0 3301 _. wren .MF 141120 men 991.,6 5030 Arra WfA©SMO 930 II ASI 016113114 CCVIOSSION ?:0,CoU 6066021 476 a taw 2 Cr 7 Page 2 of 2 KAY HOMES SUBDIVISION 074 VOL 28 PG 56 M.R,N.C.T, WHOLE STREET 152.13' Di I" I01VIEDALE MIN WE11P4Aff EXHIBIT SHOWING CITY PARTICIPATION IN CONSTRUCTION OF HOMEDALE DR. EXTENSION INDICATES AREA OF CITY PARTICIPATION n,ad.e nr Bass & Welsh Engineering 3054 So. Alameda St. Corpu! Christi, Tx. 78404 (361) 662-5521 (phone) (361) 682-1263 (tax) Engineering Firm No. 32 Surveying Frrn No. 100027-00 Exhibi Jab Na 13076 Stria 1'.=30' Date. 1-25-16 Draining No. 148 -LAYOUT Plofsccala 1°1 Sheet 1 of 1 J Murray Bass, Jr., P.E., R.P.L.S. Email: Murrayjr@aol.com BASS WELSH ENGINEERING TX Registration No. F -S2 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 HOMEDALE ADDITION UNIT 4 01/13/2016 3054 S. Alameda St. 361882-5521^' FAX 361882-1265 Street and Surface Items 1. 2" HMAC TxDOT ITEM 340,TYPE 0 (1993) 5685 SY 519.35 SY 5110,004.75 2.8" CEMENT STABILIZED SAND 5684 SY 514.28 SY 581,167.52 3.6" X 2' CONCRETE CURB & GUTTER 3795 LF 514.00 LF $53,130.00 4.3' CONCRETE VALLEY GUTTER 284 5F 56.50 SF 51,846 00 5. SIDEWALK 15001 SF 54.75 SY 571,254.75 6. EXCAVATION AND GRADING 12035 SY 52.30 SY 527,680.50 7. STREET SIGN 2 EA 5500.00 EA 51,000.00 8. STOP -STREET SIGN 4 EA 5500.00 EA 52,000,00 9 . PAVEMENT REPAIR 72 SY 527.50 SY 51,980.00 5350,063.52 Water Items 1. 6" C900 PVC 1507 LF $21.70 LF 532,701.90 2.6" GATE VALVE 7 EA 51,280 EA 58,960.00 3.6" 90* BEND 6 EA 5320.00 EA 51,920.00 4.6" TEE 1 EA 5470.00 EA 5470.00 5. DOUBLE SERVICE CONNECTION (NEAR) 8 EA 5560.00 EA 54,480.00 6. DOUBLE SERVICE CONNECTION (FAR) 13 EA 5600.00 EA 57,800.00 7. FIRE HYDRANT ASSEMBLY 2 EA $4,200.00 EA 58,400.00 8. 6"x 6" TAPPING SLEEVE AND TAPPING GATE VALVE 2 EA 53,500.00 EA 57,000.00 9. CONNECT TO EXISTING 6" ACP WATER 1 LS 51,000.00 L5 51,000.00 572,731.90 Waste Water 1.8" SOR 26 PVC 640 LF 532.70 LF 520,928.00 2. 10" SDR 26 PVC 640 LF 536.44 LF 523,321.60 3.4' MANHOLE 8 EA 53,500.00 EA 528,000.00 4. SERVICE CONNECTION (NEAR) 24 EA 5400.00 EA $9,600.00 5. SERVICE CONNECTION (FAR) 18 EA 5500.00 EA 59,000.00 6. CONNECTIONTO EXISTING MANHOLE 1 EA 52,500.00 EA 52,500.00 7. MANHOLE ADJUSTMENT 1 EA 52,750.00 EA 52,750.00 596,099.60 Storm 1. 24" RCP 154 LF $47.83 LF 57,365.82 2. 18" RCP 1,072 LF 542,80 LF 545,881.60 3. 12" RCP 59 LF 539.50 LF 52,330.50 4. MANHOLE 6 EA $4,500 00 EA $27,000 00 5. CURB INLET 7 EA 54,000 00 EA 528,000 00 6. EROSION CONTROL 1 LS $2,500 00 LS 52,500 00 7. PAVEMENT REPAIR 243 SF $3.00 SF $729 00 $113,806.92 Exhibit 3 Page 1 of 3 Murray Bass, Jr., P.E., R.P.L.S. Email: Murrayjr@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361882-5521'" FAX 361882-1265 Additional Roadway quantities 1. 2" TxDot Item 340, Type 0 (1993) 416 SY $19 35 SY $8,049 60 2.8" Cement Stabilized Sand 565 SY $14 28 5Y $8:068.20 3.6"x2' Concrete Curb and Gutter 272 LF $14.00 LF $3,808 00 519,925.80 Miscellaneous Items 1. TRENCH SAFETY (FOR STORM/WASTE WATER) 1 LS 56,500.00 LS $6,500.00 2. SEEDING No bid 11S 3. REMOVE EXISTING OVERHEAD ELECTRIC No bid 115 4. STORM WATER POLLUTION PREVENTION PLAIN 1 15 51.500.00LS 51,500.00 5. EROSION CONTROL No bid 1 IS 5. GRUBBING (based on $90/hr) 1 15 57,500.00 515,500.00 'Total; $668,127.74 Exclusions: Well Pointing, Signage, Sign Posts, Seeding, Removal or Relocating of Overhead Lines, Silt Fence supply and Installation, Sodding, Additional Lot Fill, Testing, Lab Work, Engineering, Lot Surveying, Property Corners, Electrical or Transformer Pads, Fences, Relocation or Excavation of any onsite obstructions, Relocation of any Excavation of any utility, Pipes, Cables or Wires, Landscaping, Any additional signage, Striping, Any additional work or materials not included in above description of work to be performed. Changes in the above specifications may be made only upon written agreement, and extra charges will be made. All agreements are contingent upon strikes, accidents or delays beyond our control. r f*: *f MURRAY BASS JR.: • i $ •o= 26677 Exhibit 3 Page 2of3 Murray Bass Jr , P E R.P,L.S. Email Murrayjr@aol corn BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 COST ESTIMATE PUBLIC INFRASTRUCTURE REIMBURSEMENT REQUEST HOMEDALE STREET EXTENSION 2/25/2016 STREET CONSTRUCTION, HOMEDALE DRIVE 1 6" CONCRETE CURB & GUTTER 272 LF 514.00 53,808 00 2 4" X 4' CONCRETE SIDEWALK 1059 SF 54 75 55,030 25 3 2" HMAC 416 SY $19 35 58,049 60 4 8" CEMENT STABILIZED SAND 492 SY $14 28 $7,025.76 5 12" Dia Storm Sewer 59 LF 539 50 52.330,50 6 EXCAVATION & GRADING 844 SY 52.30 51,941 20 7 _STOP/STREET SIGN 1 EA $500 00 $500.00 8 TRAFFIC CONTROL 1 LS 55 487 00 55,487.00 REQUESTED REIMBURSEMENT CONSTRUCTION COST TESTING (2%) SURVEYING & ENGINEERING 11% i* / * .71!;:#4, $ MURRAY BASSI JR.•• 4 .;•-% 26677 �100 / lot' •.l EF1SEV •- " ili••. I 4/ SUBTOTAL 534,172.31 534,172.31 5683.45 53,758.95 TOTAL $38, 614.71 Exhibit 3 Page 3 of 3 INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or Ieased 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 REOUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension. cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and'or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of 11P1 Corpus =Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Dcpanment of Development Services P O Box 9277 Corpus Chnstl. Texas 78469 9277 061)826-3240 Located at 2406 Leopard Succi (Comer of Lcupani St. and Port Ave i 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: Esteban R. Alaniz STREET: P.O. Box 639 CITY: Corpus Christi ZIP: 76072 FIRM is: 0 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 N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm''. Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Esteban R. Alaniz (Print) Title: Owner �Q �y Signature of Certifying Person: Yt(fi/r�i/c t f . C� Date: 2 - z. GP K DEVELOPTIENTSVCSSI TARED LAND DEVELOPMENTORDINANCE ADAMIh7STRATIONAPPLICATION FORMSFORNIS AS PER LEGAL /012 DISCLOSURE OF INTERESTS STATEh1EN>•1.2712DOC Page 1 of 2 Exhibit 5 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 DEN ELOPMENTSVCS SHARED LAND DEVELOPS1ENTORDINANCE ADMINISTRATION APPLICATION FORMS FORMS AS PER LEGAL 2012 DISCLOSURE OF INTERESTS STATEMENT! 27 12 DOC Page 2 of 2 Exhibit 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 r - 1of1 Complete Nos. 1- 4 and 6 if there are interested partes. Complete Nos. 1, 2, 3, 5, and 6 If there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-7569 pate Filed: J0210212016 Dale Acknowledged: 1 Name of business entity filing form, and the city, of business. Esteban Aiantz Corpus Christi, TX United States state and country of the business entity's place Is a party to the contract for which the form Is , 2 Name of governmental entity or state agency that 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, end provide a description of the goods or services to be provided under the contract. Homedaie Addition Unit 4 Street Participation Agreement II 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable Controlling - Intemtediary 1 I 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said _-- I swear, or affirm, under penalty of per jury, that the above disclosure is true and correct. otiL ii/filel P. Signature of authorized agent of con T-- - '1'" this the ng business entity p t_ ,-, � day of •f' 20 / t," , to certify which, witness my hand and I J seat of office. Mir NIL sawn Q. p ✓14 II S C f? 0 i 0,,2_. ' .arjr, dr Signature of officer administering • # Printed name of officer administering oath i. , +ri-icer a• n srte oath Forms provided by Texas Frhim CnmmIsatnn mn u *enrhtre efnfn,. ,, r .,_..:_ ., l• Vicinity Map VICINITY MAP HOMEDALE ADDITION UNIT 4 cm HOMEDALE ADDITION UNIT 4 Calf e/ Mexico Aerial Overview AERIAL OVERVIEW HOMEDALE ADDITION UNIT 4 A t N Aerial o AERIAL MAP HOMEDALE ADDITION UNIT 4 Aerial Proposed Connection e AERIAL MAP HOMEDALE ADDITION UNIT 4 !...-11-1. • E i S•113 : AGENDA MEMORANDUM Future Item for the City Council Meeting of May 10, 2016 Action Item for the City Council Meeting of May 17, 2016 DATE: April 26, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson, Chief Operating Officer, CCREDC (361) 882-7448 mculbertson@ccredc.com Nominating CITGO Refining & Chemical Co. L.P. as a Texas Enterprise Project CAPTION: Resolution nominating CITGO Refining & Chemical Co. L.P. ("CITGO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). PURPOSE: The purpose of this item is to nominate CITGO as a single Texas Enterprise Zone project and in order to make them eligible for State sales tax rebates for investments and the creation and retention of jobs. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor — Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20% poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20% poverty guideline. A project seeking designation as a TEZ Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the TEZ Program are required to provide incentives to the project in addition to offering nomination for participation in the TEZ Program. At least one of the incentives must be exclusive to the TEZ. A designated project located in the TEZ must agree to retain at least 25% of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35% of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. • State Law allows each participating community with a population < 250,000 to nominate up to six projects per biennium and communities with a population > 250,000 to nominate up to nine projects per biennium. • This biennium runs from September 1, 2015 to December 1, 2017. • Corpus Christi qualifies for up to nine projects nominations this biennium. • A Double Jumbo Project assumes two of the number of projects allowable and a Triple Jumbo Project assumes three. • The City has not nominated any businesses this biennium. • This nomination will use one of the City's nine nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, M&G Resins, voestalpine, and Flint Hills Resources. To date, the designated TEZ projects have resulted in at least $2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Over the next five years, CITGO plans to invest in excess of $240 million to upgrade and repair its Corpus Christi Refinery complex, which will allow CITGO to continue to improve its production capacity and operational efficiency, while enforcing its commitment to the environment and safety standards. Planned investments are outlined below: Approximate Expenditure Focus $57,000,000 Regulatory projects to comply with recent EPA Regulations and other health, safety, and environmental regulations. $63,000,000 Maintenance projects to upgrade or repair equipment, tools, facilities, and infrastructure in order to maintain continued operations in a safe and environmentally sound manner. $6,000,000 Strategic projects to improve or increase the overall performance of the Corpus Christi facility. $18,000,000 Safety and risk mitigation projects to manage risks to health, safety, the environment, security, operations, maintenance, and mechanical reliability. $96,000,000 Turnarounds. $240,000,000 Total Planned Investment Construction for investments began in January 2016 and is expected to be complete by June 2021. The project will enable CITGO to retain the existing 546 jobs once the project is complete. This capital investment, as well as the creation and retention of jobs represent the basis for this enterprise project nomination. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, retaining primary jobs to the area, and is regional in scope. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal 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 Funds: Comments: This incentive is a rebate of the State's portion of the sales tax and does not affect the City in anyway. RECOMMENDATION: Staff recommends approval of the Resolution to nominate CITGO Refining & Chemical Co. L.P. as a single Texas Enterprise Zone project, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution — CITGO TEZ Page 1 of 3 Resolution nominating CITGO Refining and Chemicals, LP ("CITGO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a single enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). WHEREAS, the City of Corpus Christi ("City") has previously passed on August 26, 2014, Ordinance No. 030260 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. 030260; WHEREAS, the EDT through the Bank will consider CITGO as an enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, CITGO has applied to the City for designation as a enterprise project; and WHEREAS, the City finds that CITGO, located at 1802 Nueces Bay Blvd, Corpus Christi, Texas 78407, meets the criteria for designation as an enterprise project under the Act on the following grounds: 1. CITGO is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body's jurisdiction located outside of an enterprise zone and at least twenty-five percent (25.0%) of the business' new permanent jobs in the enterprise zone will be held by residents of an enterprise zone, economically disadvantaged individuals, or veterans; and 2. CITGO is located in Census Tract 6, Block Group 2, as defined by the most recent federal decennial census available at the time of designation; and 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of CITGO as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that CITGO meets the criteria for tax relief and other incentives adopted by the City and nominates CITGO for an enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page 2 of 3 WHEREAS, the City finds that it is in the best interest of the City to nominate CITGO as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting are hereby approved and adopted. SECTION 2. That CITGO is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as an enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 3 of 3 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 AGENDA MEMORANDUM For the City Council Meeting of May 10, 2016 DATE: April 28, 2016 TO: FROM: Ronald L. Olson, City Manager Mark Van Vleck, P. E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Water Supply (Discovery) — Texas Water Planning STAFF PRESENTER(S): Name 1. Mark Van Vleck OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: Title/Position Department Assistant City Manager Executive Offices Title/Position Organization This presentation is the first of a series of Discovery Presentations of the current and potential future water supplies for the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Presentation - Water Supply (Discovery) — Texas Water Planning Water Supply Discovery —Texas Water Planning Council Presentation May 10, 2016 Discover, Discuss, Decide Presentation Schedule Topic May 10, 2016 Discovery — Texas Water Planning May 24, 2016 Discovery - Demands June 14, 2016 Discussion - Demands Discovery - Current Supplies June 28, 2016 Discovery - Future Supplies July 12, 2016 Discussion- Future Supplies July 26, 2016 Decide — Adopt Water Management Plan Action on Resolution 030200 • Section 1: The Water Management Plan will integrate water management strategies of surface, reuse, conservation, aquifer storage, and desalination to sustain the economic prosperity of the Coastal Bend Region. • Section 2: That the Water Management Plan will include the following strategic elements: A. Implementing conservation program; B. Targeting the development of drought -resistant water reuse supplies; C. Developing local and regional industry desalination water supplies; D. Working towards improved environmental flows regime; and E. Adding new water every 5 to 10 years Action on Resolution 030200 • Section 3: That the Water Management Plan will include the following future elements: A. Extend supply and reduce demand; B. Amend UDC for residential landscaping using drought tolerant criteria; C. Implement line loss and leak detection program; D. Evaluate wastewater treatment consolidation plan; E. Complete Water Supply Strategic Plan; F. Plan industrial desalination facility construction; G. Completion of Variable Salinity Desalination Pilot Project; H. Lessen utility rate spikes. • Section 4: That the Water Management Plan will be developed and presented to City Council for review and adoption. Upon adoption of the plan, staff will implement the Water Supply Strategic Plan in a deliberate and phased manner to insure a reliable, diverse and sustainable water supply for the Coastal Bend Region. State Water Plan • 1957 — Texas Water Development Board Created • State Water Plan Shall: — Provide for orderly development, management and conservation of water resources. — Preparation for and response to drought conditions • 1997 — Senate Bill 1 mandated Regional Planning Process — State Water Plan will incorporate the Regional Water Plans Basic Planning Parameters • Develop Water Supply plan to meet: — Drought of Record needs — 50 -year planning horizon — 5 -year planning cycle — Categories of water use • Municipal • Manufacturing • Irrigation • Mining • Livestock • Steam -electric power Regional Planning Process • Regional Planning Areas • Regional Planning Groups • Regional Water Plans for each Area Regional Planning Areas Region N Planning Group • The Coastal Bend Regional Water Planning Group (CBRWPG) has 21 voting members. • Diverse stakeholder representation: Agriculture — Counties — Electric Generating Utilities — Environmental — Groundwater Management Areas — Industries — Municipalities Public River Authorities Small Business Water Districts Water Utilities Other • Serve without pay • Are responsible for the development of the Coastal Bend Water Plan • 3 members have served since inception in the late 1990's • Nueces River Authority is the administrative agency 10 Regional Water Plan Assess long-term population and water demand projections Current supplies Calculate "Needs" or Shortages Technical Evaluation and Selection of Water Management Strategies to Meet Needs Develop Regional Water Plan (i.e. 2016 Region N Water Plan) TWDB Reviews/Approves 16 Regional Water Plans TWDB Prepares State Water Plan (i.e. 2017 State Water Plan 11 Region N Planning Area Region N Plan Components • 6 categories of water users • 46 municipal water user groups • 4 wholesale water providers • Majority of water from LCC/CCR/Texana/MRP2 System 12 a. 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 Demand Projections Population Projections oOther Counties ■San Patricia County ©Nueces County I i 1 _ _� — II 2010 2020 2030 2040 Year 2050 2060 2070 400,000 320,000 240,000 T CO 160,000 80,000 0 2020 2030 2040 Demand Projections Total in 2070: 343,244 acft Other in 2070: 52,927 acft Other (Mining, Irrigation, Livestock) SE in 2070: ,41 ac# Steam-Ele�or%c-�- Manufacturing Manufacturing in 2070: 127,266 acft Municipal Municipal in 2070: 128,510 acft Year 2050 2060 2070 13 Current Supplies Choke Canyon Three. Rivers Beeville Mathis Alice Lake Corpus Christi psi Water Source Raw Water Customers Treated Water Customers Raw Water Pipeline (MRP) Violet WSC STWA Water System Components Mary Rhodes Mary Rhodes Pipeline Texans Pipeline a Cs - co Phase I Phase II 73. a. m O.N. STEVENS W fP Portland Ingleside Fulton Rockpo The City of Corpus Christ' 1 14 Current Supplies Raw Water Customers Three Rivers Beeville Mathis Alice Koch/Flint Hills Robstown Celanese San Patric o Legend Pump Station Elevated Storage Tank Residents Transmission Main Distribution Main Treated Water Customers islet `VJafe s'ukilly Ztor�3ara i2 South Texas Water Authority Port Aransas Texas A&M University - Corpus Christi 15 Prepare Plan 250 ai 200 L c 150 0 0 .-i z 100 50 0 Last Year's Demand Projection Current Demand Projection: 2010 2015 2020 2025 2030 2040 2050 Years 250 200 - 150 100 50 0 2010 2015 2020 218 25 2025 2030 Years 217 216 36 2040 2050 36 Desalination* Industrial Reuse* Current Demand Projection fLastYear's Demand Projection Surface Water Utility Bill Breakdown Cost ($/1000 Gallons) Inside City Limits Residential and Commercial Outside City Limits Residential and Commercial Industrial customers Port Aransas & Violet Water Supply Corporation San Patricio Municipal Water District South Texas Water Authority Raw Water Customers Raw Water 0.95 • Treatment Transmission Distribution 1.39 0.69 • • • • • • • • • • • Stormwater • 17 Questions? Backup Water System Components I RI 21 as B�egasL� cas nn.aryy RmaBs Uvalde Frio River Watershed; .....5'529 Sq MV lealzzal Nueces River Basin 11,235 Sq Mi Rio Grande River Basin Colorado Rive. Bum —;Ari teals Guadalupe River BasBr: Sen Antonio - Rival Basel awe Lake Goro.m ch w Brans Rivtr Basin i`� .ower Co,Ofatlo "' LRiver Basin 2426 itii L•vaca -Na id'd Waters d 2.38 . Mi Texan... SanAntmn.o.Nuto River Basin Hueces-Ria Grande ""' • River Basin siaeOm.a 1i .,!Carpue Christi Basin harado-Lavaca Rivar Bashi, :.e.e.bNA, ris..s Flp•Iftra flume • Gain r-. :hie, Mimi Sen JaciRM1 araunMve Belie Coastal Bend Region Raw Water Supply 20 Water System Components Kristi is sending updated version. G.nmI.W Neyw.• Wale( V GrwV 1.03 21