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HomeMy WebLinkAboutAgenda Packet City Council - 08/09/2016Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, August 9, 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 Reverend Gloria Lear, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Roxana Stevens, Assistant City Attorney. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0908 Proclamation declaring August 9, 2016, "Coastal Bend State Veterans Cemetery Memorial Service Detachment Day". Proclamation declaring August 8-12, 2016, "National Forensic Science Week". Goodwill Ambassador Recognition Presented to Coastal Bend State Veterans' Honor Guard. Corpus Christi Page 1 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 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. MINUTES: 2. 16-0896 Regular Meeting of July 26, 2016 I. BOARD & COMMITTEE APPOINTMENTS: 3. 16-0907 Food Service Advisory Committee Planning Commission J. 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. Corpus Christi Page 2 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 K. CONSENT AGENDA: (ITEMS 4 -15) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 16-0801 Resolution for the purchase of Body Worn Video Cameras for the Police Department Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of $130,414.00, with funding available in the FY 2015-2016 Police Grants Fund. Sponsors: Police Department and Purchasing Division 5. 16-0807 Purchase of 37 Ford Explorer Vehicles for the Police Department Motion approving the purchase of 37 Ford Explorer Vehicles from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $1,077,680.90. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime Control and Fleet Maintenance Services in FY 2015-2016. Sponsors: Fleet Maintenance Services, Police Department and Purchasing Division 6. 16-0708 Renewal of state and federal external legislative consultant contracts Motion authorizing the City Manager to execute 24 -month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for $108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. Sponsors: Intergovernmental Relations 7. 16-0799 Second Reading Ordinance - Rezoning property located located on the south side of Compton Road approximately 1,250 feet west of Waldron Road (1st Reading 7/26/16) Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The Corpus Christi Page 3 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 property to be rezoned is described as Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. Planning Commission and Staff Recommendation (June 29, 2016): Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the site plan and thirteen conditions. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial 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. Sponsors: Development Services 8. 16-0800 Second Reading Ordinance - Rezoning property located at 1322 Rhew Road (1st Reading 7/26/16) Case No. 0616-06 Isaias Franco: A change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. Tract 1 is described as a 4.00 -acre tract and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (June 29, 2016): Corpus Christi Page 4 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Tract 2: Approval of the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Isaias Franco ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00 -acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003 -acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Sponsors: Development Services 9. 16-0842 Second Reading Ordinance - Accepting a grant from KaBOOM! and a donation from Beautify Corpus Christi Association (BCCA) to build a playground and improve Dr. H. C. Dilworth Park (1st Reading 7/26/16) Ordinance authorizing the City Manager or designee to execute documents to apply for and accept park equipment estimated value of $300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth Park and to accept $8,500 in donated funds from Beautify Corpus Christi Association, and to appropriate said funds in the no. 4720 Community Enrichment Fund for the park improvements. Sponsors: Parks and Recreation Department 10. 16-0751 Second Reading Ordinance - Amending City Code regarding Sister City Committee (1st Reading 7/26/16) Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager or designee to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee Sponsors: Parks and Recreation Department 11. 16-0714 Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for Nueces Garden No.2, Lot 49A located south of Leopard Street and west of Starlite Lane within Allison Service Area (1st Reading 7/26/16) Ordinance exempting Nueces Garden No.2, Lot 49A located south of Leopard Street and West of Starlite Lane, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply Corpus Christi Page 5 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 with the specified conditions. Sponsors: Development Services 12. 16-0808 Second Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for the construction of a water distribution main located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. (1st Reading 7/26/16) Ordinance authorizing city manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Vantage at Corpus Christi, LLC., ("Developer"), for the construction of a water distribution main line and appropriating $4,154.50 from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. Sponsors: Development Services 13. 16-0746 Second Reading Ordinance - Closing a utility easement located at 4000 S. Staples (1st Reading 7/26/16) Ordinance abandoning and vacating a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. Sponsors: Development Services 14. 16-0796 Second Reading Ordinance - Authorizing a Participation Agreement for Bicycle Sharing Program with the Corpus Christi Downtown Management District (1st Reading 7/26/16) Ordinance authorizing the City Manager or designee to execute a participation agreement for Bicycle Sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or his designee to execute Licenses for Use of City Property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") Sponsors: Business Liaison 15. 16-0802 Second Reading Ordinance - Appropriating estimated increased revenues related to Warehouse merchandise sold (1st Reading 7/26/16) Ordinance appropriating estimated increased revenues of $700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold and amending the FY 2015-2016 operating budget adopted by Corpus Christi Page 6 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 Ordinance No. 030620 by increasing revenues and expenditures by $700,000 each. Sponsors: Financial Services Department L. EXECUTIVE SESSION: (ITEMS 16 - 17) 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. 16. 16-0894 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. 17. 16-0875 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the TxDOT Harbor Bridge Project and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, related to the TxDOT Harbor Bridge Project. M. PUBLIC HEARINGS: (ITEMS 18 - 19) 18. 16-0856 Public Hearing and First Reading Ordinance - Rezoning property located at 2002 and 2020 Ramfield Road Case No. 0716-01 The Estate of Joan Wakefield Urban: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District on Tract 1 and from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District on Tract 2. Tract 1 is described as being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. Planning Commission and Staff Recommendation (July 13, 2016): Tract 1: Denial of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District Corpus Christi Page 7 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit, and Tract 2: Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Estate of Joan Wakefield Urban ("Owner"), by changing the UDC Zoning Map from the "FR" Farm Rural District and the "RS -6" Single -Family 6 District to the "RS-22/SP" Single -Family 22 District with a Special Permit in reference to Tract 1 and to the "RS -22" Single -Family 22 District in reference to Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Sponsors: Development Services 19. 16-0857 Public Hearing and First Reading Ordinance - Rezoning property located at 9525 Leopard Street Case No. 0716-02 Shaws Development Joint Venture: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property is described as being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. Planning Commission and Staff Recommendation (July 13, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Shaws Development Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Sponsors: Development Services N. REGULAR AGENDA: (ITEMS 20 - 21) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 16-0832 Setting the City Council Meeting Date to Adopt the Property Tax Rate Corpus Christi Page 8 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 Motion setting September 13, 2016 as the date of the adoption of the ad valorem tax rate of $0.606264 per $100 valuation. Sponsors: Financial Services Department 21. 16-0834 Scheduling Two Public Hearings Related to Fiscal Year 2016-2017 Property Tax Motion setting a public hearing on the ad valorem tax rate for August 23, 2016 and a second public hearing for August 30, 2016 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Sponsors: Financial Services Department O. FIRST READING ORDINANCES: (ITEMS 22 - 28) 22. 16-0831 First Reading Ordinance - Ratifying Acceptance of Emergency Management Performance Grant (EMPG) Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG); and appropriating $70,159.20 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. Sponsors: Fire Department 23. 16-0813 First Reading Ordinance - Closing a portion of a utility easement located north of Williams Drive and west of Airline Road Ordinance abandoning and vacating a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams Drive and west of Airline Road; and requiring the owner, Williams Airline Partners, Ltd. to comply with the specified conditions Sponsors: Development Services 24. 16-0873 First Reading Ordinance - Advance Funding Agreement and contract for professional services for Padres Island Mobility and Access Management Study Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed Corpus Christi Page 9 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2) Sponsors: Engineering Services 25. 16-0862 First Reading Ordinance - Amending City Code to improve traffic circulation for Fannin Elementary School Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-250 Schedule I - One Way Streets and Alleys by altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation from Devon Drive, from Gollihar Road to Alexander Street; providing for severance; and providing for publication. Sponsors: Office of Public Works SPECIAL ELECTION ITEMS (RELATED ITEMS 26 - 28) 26. 16-0916 First Reading Ordinance - Ordering General Election for Mayor and Eight Council Members - November 8, 2016 Ordinance ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. Sponsors: City Secretary's Office 27. 16-0914 First Reading Ordinance - Ordering Special Election Replacing Type A Sales Tax to be administered by Type B Corporation; Continuing Crime Control and Prevention District; Consideration of Charter Amendments Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election Corpus Christi Page 10 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Sponsors: City Secretary's Office 28. 16-0913 First Reading Ordinance - Calling for Special Election - Bond 2016 Proposition Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi, authorizing bond issuances of the City supported by ad valorem taxes; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Sponsors: City Secretary's Office and Engineering Services P. FUTURE AGENDA ITEMS: (ITEMS 29 - 34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 29. 16-0874 Amendment No. 1 to Master Services Agreement for Water and Wastewater Treatment On -Call Support project Motion authorizing the City Manager, or designee, to continue Water and Wastewater Treatment On -Call Support services by executing Amendment No. 1 to a Master Services Agreement (MSA) with LNV Inc. of Corpus Christi, Texas in the amount of $600,000, for a total restated fee not to exceed $635,000 for the Water and Wastewater Treatment On -Call Support project. The project provides for a one-year base contract and allows for two (2) optional one-year administrative renewals/extensions beyond the original one-year base contract, subject to availability of funding and satisfactory consultant performance. Sponsors: Water Utilities Department and Engineering Services 30. 16-0872 Construction contract and materials testing contract for 0 N Stevens Water Treatment Plant High Service Pump Building No. 3 Motion authorizing the City Manager, or designee, to execute a construction contract with PLW Cadagua Partners of The Woodlands, Texas in the amount of $21,650,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $54,765 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3. Sponsors: Water Utilities Department and Engineering Services Corpus Christi Page 11 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 31. 16-0848 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in The Promenade Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in The Promenade Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. Sponsors: Development Services 32. 16-0849 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the Melvin Estates Unit 1 Subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. Sponsors: Development Services 33. 16-0839 Resolution approving a Homebuyer Assistance Program Agreement for Type A Affordable Housing Program Resolution approving an agreement in the amount of $221,000 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and authorizing the City Manager or Designee to execute said agreement. Sponsors: Housing and Community Development 34. 16-0900 Resolution to sponsor a policy resolution for the Texas Municipal League Resolutions Committee to support Defense Economic Adjustment Assistance Grant (DEAAG) program Resolution authorizing the City of Corpus Christi to spomsor a policy resolution for the Texas Municipal League Resolutions Committee recommending the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2018-2019 biennium for the State of Texas to the Defense Economic Adjustment Assistance Grant (DEAAG) program. Sponsors: Intergovernmental Relations Q. BRIEFINGS: (ITEM 35) 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. 35. 16-0881 Cole and Ropes Park (CARP) Implementation Plan Update Corpus Christi Page 12 Printed on 8/5/2016 City Council Meeting Agenda - Final August 9, 2016 Sponsors: Environmental and Strategic Initiatives R. ADJOURNMENT Corpus Christi Page 13 Printed on 8/5/2016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexa s.corn Meeting Minutes City Council Tuesday,July 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 Brian Hill, First Baptist Church. Pastor Brian Hill gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Jay Ellington, Interim Assistant City Manager. Interim Assistant City Manager Jay Ellington 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 Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 7- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 2- Council Member Michael Hunter, and Council Member Brian Rosas E. Proclamations /Commendations 1. Proclamation declaring July 30, 2016, "Feria de las Flores Pageant Day". Proclamation declaring July 31, 2016, "1966 Melon March Commemoration Day". Proclamation declaring July 31-August 2, 2016, "2016 Texas Citizen Police Academy Alumni Association Convention Week". Presentation of Honorary Citizen Certificates to Five 2016 Sister City Corpus Christi Page 1 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Exchange Students. City Manager Recognition of the Communication Department Swearing-in ceremony of newly appointed Board, Commission and Committee members. Mayor Martinez presented the proclamations, presented honorary Citizen Certificates to five 2016 Sister City Exchange Students, and conducted the swearing-in ceremony of newly appointed board and committee members. 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 referred to comments from the public.Jack Gordy,4118 Bray, spoke regarding enforcement of the ordinance requiring buildings to have address numbers visible from the street. Colin Sykes, 309 Aberdeen, spoke in support of Agenda Item 25, Bicycle Sharing Program, and continued efforts to expand bicycle safety in the City. Steve Harrison, 118 Rossiter,spoke regarding a hazardous concrete structure located at the intersection of Everhart and Staples Street and acidic content in the water. Isabel Araiza, 326 Poenisch, on behalf of For the Greater Good,spoke regarding the following: the hardships of the water boil on citizens; live streaming public meetings to increase citizen awareness; and the recent meetings regarding water supply and wastewater. Rachael O'Reilley, 925 Park Street,spoke regarding requiring industry to pay costs associated with infrastructure and the City's mission statement. Chris Phelan, 1321 Ayers,spoke regarding the following topics: setting the property tax rate; industry and infrastructure; subsidizing entities through tax abatements; and water.Abel Alonzo, 1701 Thames,spoke regarding the negative comments made during City Council meetings regarding the water boil and recommended citizens help bring solutions to the problem. Rick Milby, 4412 High Ridge Drive, requested assistance with the application process regarding a variance on a set-back requirement for the installation of a proposed cross structure.Joan Veith, 5701 Cain Drive, complimented the Solid Waste Department on their operation of Solid Waste trucks in the construction zone on Williams Drive. Susie Luna Saldana,4710 Hakel, spoke regarding the problems associated with the water boil and thanked City Manager Rose for speaking on her television program last Thursday regarding the water situation and the steps to remedy the situation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) The Communication Department recently won two honors at the Texas Corpus Christi Page 2 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Association of Municipal Information Officers Awards program. The City competed with other big cities and there were more than 350 entries statewide. The first award received was the Award of Excellence in the Special Publication category. Marinna Cardona and Brooks Hooper from the City's in-house print shop were instrumental in designing and printing a unique publication from start to finish for the Parks and Recreation Department. The second award was the Award of Honor in Media Relations. DeAnna McQueen, Michelle Villarreal Leschper and Gabriela Morrow were recognized for their daily work with the news media,the new online newsroom and public information initiatives.2) City Manager Rose, along with Fire Chief Robert Rocha recognized the new Assistant Chief of Operations Ken Erben. 3)The City recently received the lowest interest rates. On July 14,2016, the City of Corpus Christi priced certificate of obligations for the completion of Bond 2012 projects and refunded existing general obligation debt. Refunding is essentially the government equivalent of refinancing to a lower interest rate. Financial Services issued$16.43 million of certificates of obligation at a premium yielding a true interest cost of 2.68%and$16.13 million of general improvement refunding bonds at a premium yielding a true interest rate of 1.58°/x. These measures are expected to yield a net savings of approximately $800,000,which is equivalent to an average annual debt service savings of $60,000 per year for 15 years.4) Engineering Services will be holding a public meeting Thursday,July 28,2016 beginning at 5:30 p.m. at the Lindale Senior Center to discuss upcoming street reconstruction on a section of Kostoryz Road from Brawner Parkway to Staples Street. H. MINUTES: 2. Regular Meeting of July 19, 2016 Mayor Martinez referred to approval of the minutes.A motion was made by Council Member Lucy Rubio, seconded by Council Member Rudy Garza,that the Minutes be passed. The motion carried by a unanimous vote. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 10) 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 7 be pulled for individual consideration. A motion was made by Council Member Magill, seconded by Council Member McIntyre,to approve the Consent Agenda items. The consent agenda items were approved by one vote as follows: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Corpus Christi Page 3 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 3. Approving a service agreement for a chemical vent hood replacement at the Police Department Motion approving a service agreement with Haldeman Homme, Inc. of Minneapolis, Minnesota with offices in Austin, Texas and Houston, Texas for the chemical vent hood replacement at the Corpus Christi Police Department, Forensics Division, in accordance with Bid Event No. 84, based on the lowest, responsive, responsible bid for an amount of$88,215.00. Funds are available in FY 2015-2016. This Motion was passed on the Consent Agenda. Enactment No: M2016-083 4. Approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit Motion approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of$397,000.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by Fleet Maintenance Services in FY 2015-2016. This Motion was passed on the Consent Agenda. Enactment No: M2016-084 5. Approving Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for Facilities Multiple Award Contract (FMAC) for a one-year term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of$2,000,000 per agreement in any one year; authorizing the City Manager or designee to execute all Facilities Multiple Award Contracts thereunder not exceeding $500,000 with the following: Spaw Glass Barcom Construction Cruz Maintenance & Construction, Inc. J E Construction Services (Alternate Contractor) This Motion was passed on the Consent Agenda. Enactment No: M2016-085 Corpus Christi Page 4 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 6. Approving a service agreement for roof repair at Greenwood Senior Center Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Greenwood Senior Center, in accordance with Bid Event No. 120, based on lowest, responsive and responsible bid for an amount not to exceed $184,250.00 and an additional 10% project contingency in the amount of$18,425 for unforeseen repairs. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. This Motion was passed on the Consent Agenda. Enactment No: M2016-086 8. Second Reading Ordinance -Accepting and appropriating State grant for motor vehicle theft enforcement(1st Reading 7/19/16) Ordinance authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of$410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of$660,714, in-kind match of$55,985 in the No. 1020 Police General Fund, and program income match of$1,020 for a total project cost of$1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030900 9. Second Reading Ordinance -Appropriating abandoned/unclaimed monies from the Police Property Room (1st Reading 7/19/16) Ordinance appropriating $5,573.49 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030901 Corpus Christi Page 5 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 10. Second Reading Ordinance -Accepting and appropriating a State grant and approving a Professional Services Contract for an Aquifer Storage and Recovery (ASR) Feasibility Study (1 st Reading 7/19/16) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of$601,980 for an ASR Feasibility Study. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030902 7. Lease-purchase of four Peterbilt 367 trucks for Solid Waste Operations Motion approving the lease-purchase of four Peterbilt 367 trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas for a total amount not to exceed $855,000.00. Two trucks will be truck tractors used to pull large refuse trailers and two trucks will be equipped with Heil low lift 22 ft. roll-off beds to carry roll-off refuse containers. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council (H-GAC). (2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with Roll-Off $343,922.00 $456,350.00 Total Lease-Purchase Price $800,272.00 Total Allowable Interest for Lease $54,728.00 Grand Total: $855,000.00 Mayor Martinez referred to Item 7, lease-purchase of four Peterbilt 367 trucks.A council member asked questions regarding the replacement of the trucks, the interest for the lease,the option to pay-as-you-go in the future; and whether the purchase of the trucks would impact raises for drivers. Director of Solid Waste Operations Lawrence Mikolajczyk explained that the current trucks are beyond their useful life and will not impact raises for drivers. Director of Fleet Operations Jim Davis explained the reason for recommending the lease-purchase of the trucks. There were no comments from the public. Council Member Garza made a motion to approve the motion, seconded by Corpus Christi Page 6 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Council Member Mclntyre.This Motion was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 Enactment No: M2016-087 M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. Public Hearing and First Reading Ordinance - Rezoning property located at 822 Graham Road Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. Planning Commission and Staff Recommendation (June 29, 2016): Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the site plan and thirteen conditions. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG-1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Corpus Christi Page 7 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 14. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow construction of an enclosed boat and recreational vehicle storage facility on Tract 1 and general commercial uses on Tract 2. Mr. McGinn stated that the Planning Commission and staff recommend on Tract 1: denial of of the "CG-2" General Commercial District, and in lieu thereof, approval of a"RE/SP" Residential Estate District with a Special Permit for a boat and recreation vehicle storage facility subject to compliance with the setback and buffering elements identified in the site plan and 13 conditions; Tract 2:Approval of the rezoning to the"CG-2" General Commercial District. Mayor Martinez opened the public hearing. There were no comments from the public. A council member requested clarification of the address listed on Graham Road. Mayor Martinez closed the public hearing. Council Member Magill made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 15. Public Hearing and First Reading Ordinance - Rezoning property located at 1322 Rhew Road Case No. 0616-06 Isaias Franco: A change of zoning from the "R-MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. Tract 1 is described as a 4.00-acre tract and Tract 2 is described as a 25.003-acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (June 29, 2016): Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Tract 2: Approval of the "IL" Light Industrial District. Ordinance: Corpus Christi Page 8 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Ordinance amending the Unified Development Code ("UDC"), upon application by Isaias Franco ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00-acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003-acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 15. Interim Director of Development Service Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow construction of a temporary concrete batch plant on Tract 1 and future light industrial uses on Tract 2. Mr. McGinn stated that the Planning Commission and staff on Tract 1:Approval of the"IL/SP" Light Industrial District with a Special Permit subject to nine conditions; Tract 2:Approval of the "IL" Light Industrial District. Mr. McGinn stated that the zoning request received 20%opposition from a landowner to the south of the subject property which would require a super majority vote of the City Council to pass. Council members spoke regarding the following topics:the reason for the opposition; platted construction near the property;the length of time the temporary concrete batch plant will operate; compatible uses in the area; and consistent light industrial uses in the area. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council Member Magill made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 N. REGULAR AGENDA: (ITEMS 16 - 19) 16. Resolution authorizing a natural gas supply contract Resolution authorizing the City Manager, or the City Manager's designee, to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount $125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to July 31, 2021. Corpus Christi Page 9 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Mayor Martinez referred to Item 16. Director of Gas Operations Bill Mahaffey stated that the purpose of this item is to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC for an estimated amount of$125,000,000, of which $1,500,000 is needed for the remainder of FY2015-2016,for the purchase of 100% of the City's natural gas requirement from August 1,2016 to July 31,2021. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the resolution,seconded by Council Member Rubio. This Resolution was passed and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 3- Council Member Garza, Council Member Hunter and Council Member Rosas Abstained: 0 Enactment No: 030903 17. One Reading Action Item - Engineering Contract for Water System Assessment and Optimization Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16332 City of Corpus Christi Water System Assessment and Optimization; transferring funds in the amount of$555,000 from Water Capital Reserves; and authorizing the City Manager or designee to execute a contract for professional services with Hazen and Sawyer of Corpus Christi, Texas in the amount of$500,000 for the City of Corpus Christi Water System Assessment and Optimization Project; and declaring an emergency. Mayor Martinez referred to Item 17. City Manager Margie Rose stated that Items 17 and 18 are related to the water system. The City issued a water boil advisory in May 2016 and contracted with LNV, Inc.to provide assistance with the water quality issues. LNV, Inc. teamed with Hazen and Sawyer as a sub-consultant on the project. The purpose of Item 17 is to enter into a contract with Hazen and Sawyer,with LNV, Inc. as the subcontractor. The purpose of Item 18 is to expedite the procurement of materials and services associated with water quality issues. Interim Director of Water Utilities Dan Grimsbo provided a brief overview of the project scope of the contract with Hazen and Sawyer to evaluate the current water treatment operations, and to develop and implement short-term improvements and modifications to optimize the overall water system. Dan Leyendecker with LNV Inc. and Dr. Bill Becker with Hazen and Sawyer were available to respond to questions. Council members and the presentation team discussed the following topics: the continuation of the project to assess and evaluate the entirety of the water system from raw water through distribution with product delivery expected in August;evaluating whether the materials and processes are most beneficial considering our water;the purpose of the Granular Activated Carbon (GAC) Corpus Christi Page 10 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Pilot Study and its feasibility at the O.N. Stevens Water Treatment Plant;the benefit of a pilot plant;the nitrification action plan;the technical expertise of personnel; development of best practices; a status of the water investigation committee; the differences between the process used by the City in 1996 and the recommendations today regarding GAC; a recent interview provided by Bob Bowcock; issues associated with exceeding turbidity levels; the benefit of having a pilot program in place for future water sources; data trending; and updates to standard operating procedures. There were no comments from the public regarding Item 17. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on emergency and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 Enactment No: 030904 18. One Reading Action item -Authorization to declare emergency and expedite procurement of goods and services associated with water quality Resolution declaring an emergency and expediting the procurement of goods and services necessary for water quality improvements in an amount not to exceed $2,720,000, and authorizing the City Manager, or designee, to execute all documents necessary for these emergency procurements pursuant to State law and Article X, Section 2 of the Charter of the City of Corpus Christi. Mayor Martinez referred to Item 18. Interim Director of Water Utilities Dan Grimsbo presented a hard copy of the resolution reflecting a change to Exhibit A, goods and services,which removed the chlorine analyzer filters. The purpose of this item is to declare an emergency and expedite procurement not to exceed$2,720,000 to expedite the procurement of materials and services associated with water quality issues. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the resolution,seconded by Council Member Garza. This Resolution was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 Corpus Christi Page 11 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Enactment No: 030905 19. One Reading Action Item - Transfer of Wastewater Reserves to expedite payment to contractor for work already completed Ordinance authorizing transfer of Wastewater Reserves in the amount of$241,335.85 in Fund No. 4249 to project E16331 for payment to National Power Rodding for emergency wastewater repairs on May 17 and May 22, 2016; changing the FY 2015-2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase expenditures by $241,335.85; and declaring an emergency. Mayor Martinez referred to Item 19. Interim Director of Water Utilities Dan Grimsbo stated that the purpose of this item is to authorize the transfer of wastewater reserves in the amount of$241,335.85 to the Indefinite Delivery/Indefinite Quantity(IDIQ) contract for payment to National Power Rodding for emergency wastewater repairs on May 17 and May 22,2016. To ensure public health,safety, and welfare as well as prevent additional damage to City infrastructure,the Utilities Department issued an emergency delivery order to make immediate repairs on two wastewater breaks which led to two street cave-ins. Mr. Grimsbo explained that although there is an emergency clause in the IDIQ contract to make emergency repairs, he should have ensured the correct protocol for an emergency declaration was followed. The work was performed quickly and there were no related injuries to staff or the public as a result to the collapse of the streets. Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames,spoke regarding the comments made on the previous items regarding the good staffing at the Water Department.A council member spoke regarding Mr. Grimsbo taking responsibility for this item. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on emergency and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 Enactment No: 030906 O. FIRST READING ORDINANCES: (ITEM 21) 21. First Reading Ordinance -Amending City Code regarding Sister City Committee Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager or designee to execute a Memorandum of Agreement with the Corpus Christi Convention and Corpus Christi Page 12 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Visitors Bureau regarding management of the committee Mayor Martinez deviated from the agenda and referred to Item 21. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to amend the City's Code of Ordinances regarding the Sister City Committee and execute a Memorandum of Agreement(MOA)with the Corpus Christi Convention and Visitors Bureau (CVB). Ms.Anaya provided a brief overview of the Sister City Committee and explained that in recent years,the committee has struggled due to reduction in city funding, lack of administrative support, a singular focus on the student exchange program, and difficulty meeting quorum for the 15-member committee. Ms.Anaya presented information on the changes to the ordinance and the proposed MOA. Paulette Kluge, CVB,was available to respond to questions. There were no comments from the public. Council members spoke in appreciation to the partnership between the Parks and Recreation Department and the CVB. 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: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 L. EXECUTIVE SESSION: (ITEMS 11 - 13) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. 11. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E-Session Item was discussed in executive session. 12. 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 (including TCEQ and EPA regulations) related to the provision of utility services in industrial districts, desalination, utility rate design, and water and wastewater treatment and distribution and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and/or value of property for a potential desalination plant where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. Corpus Christi Page 13 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 13. Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and duties of public officers or employees, including, but not limited to, the position of the City Manager. Mayor Martinez referred to Item 13 and the following motion was considered: Motion to authorize the Mayor to execute the employment agreement with City Manager Margie C. Rose provided to City Council and the City Secretary,with a base salary of$220,000 annually. Council Member Scott made a motion to approve the motion, seconded by Council Member McIntyre. This Motion was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 Enactment No: M2016-088 O. FIRST READING ORDINANCES: (ITEMS 20, 22 - 24 and 26) 20. First Reading Ordinance -Accepting a grant from KaBOOM! and a donation from Beautify Corpus Christi Association (BCCA) to build a playground and improve Dr. H. C. Dilworth Park Ordinance authorizing the City Manager or designee to execute documents to apply for and accept park equipment estimated value of $300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth Park and to accept $8,500 in donated funds from Beautify Corpus Christi Association, and to appropriate said funds in the no. 4720 Community Enrichment Fund for the park improvements. Mayor Martinez deviated from the agenda and referred to Item 20. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to execute documents to apply for and accept park equipment with an estimated value of$300,000 from KaBOOM! for park improvements at Dr. H.C. Dillworth Park and to accept an $8,500 donation from Beautify Corpus Christi. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Corpus Christi Page 14 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Abstained: 0 22. First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for Nueces Garden No.2, Lot 49A located south of Leopard Street and west of Starlite Lane within Allison Service Area Ordinance exempting Nueces Garden No.2, Lot 49A located south of Leopard Street and West of Starlite Lane, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Mayor Martinez deviated from the agenda and referred to Item 22. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to exempt the subject property from payment of wastewater lot and acreage fees as described in the Unified Development Code. Staff is recommending waiver of the wastewater lot and acreage fees and that the applicant enter into a Santiary Sewer Connection Agreement that would require the applicant to connect to future wastewater service should the city extend service within the next 15 years. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 23. First Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of a water distribution main located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. Ordinance authorizing city manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Vantage at Corpus Christi, LLC., ("Developer"), for the construction of a water distribution main line and appropriating $4,154.50 from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 23.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a distribution main extension and construction and reimbursement agreement in the amount Corpus Christi Page 15 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 of$4,154.50 with Vantage at Corpus Christi, LLC for the construction of a distribution line and to appropriate $4,154.50 from the Water Trust Fund. The developer is required to build a 6-inch water distribution line to provide service to their development. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 24. First Reading Ordinance - Closing a utility easement located at 4000 S. Staples Ordinance abandoning and vacating a 0.041-Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2-Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. Mayor Martinez referred to Item 24.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate an easement located at an American Electric Power(AEP)substation.AEP is proposing future development and this easement would interfere with the development. Staff recommends waiving the fair market value since the owner will be dedicating an equivalent easement. 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: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 26. First Reading Ordinance -Appropriating estimated increased revenues related to Warehouse merchandise sold Ordinance appropriating estimated increased revenues of$700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 by increasing revenues and expenditures by Corpus Christi Page 16 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 $700,000 each. Mayor Martinez deviated from the agenda and referred to Item 26. Director of Financial Services Constance Sanchez stated that the purpose of this item is to appropriate a projected increase in warehouse revenue of approximately $700,000 in the Stores Fund to cover projected expenses in the warehouse related to the cost of warehouse merchandise sold through the end of the fiscal year. There were no comments from the public. In response to council members,Assistant Director of Financial Services Kim Baker provided information on the items sold in the warehouse; operations at the warehouse; and warehouse facility repairs. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 27 - 31) Mayor Martinez referred to Future Agenda Items: City Manager Margie C. Rose stated that staff had planned presentations on Items 27,28 and 31. 27. Setting the City Council Meeting Date to Adopt the Property Tax Rate Motion setting September 13, 2016 as the date of the adoption of the ad valorem tax rate of$0.606264 per$100 valuation. This Motion was recommended to the regular agenda. 28. Scheduling Two Public Hearings Related to Fiscal Year 2016-2017 Property Tax Motion setting a public hearing on the ad valorem tax rate for August 23, 2016 and a second public hearing for August 30, 2016 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This Motion was recommended to the regular agenda. 29. Resolution for the purchase of Body Worn Video Cameras for the Police Department Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of$130,414.00. Corpus Christi Page 17 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Funding is available in Police Grants Fund FY 2015-2016. This Resolution was recommended to the consent agenda. 30. Purchase of 37 Ford Explorer Vehicles for the Police Department Motion approving the purchase of 37 Ford Explorer Vehicles from Caldwell Country Ford-Chevrolet, Caldwell, Texas for a total amount of $1,077,680.90. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime Control and Fleet Maintenance Services in FY 2015-2016. This Motion was recommended to the consent agenda. 31. Renewal of state and federal external legislative consultant contracts Motion authorizing the City Manager to execute 24-month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for$108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for$78,000 per year plus reasonable expenses. This Motion was recommended to the consent agenda. O. FIRST READING ORDINANCES: (ITEM 25) 25. First Reading Ordinance -Authorizing a Participation Agreement for Bicycle Sharing Program with the Corpus Christi Downtown Management District Ordinance authorizing the City Manager or designee to execute a participation agreement for Bicycle Sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or his designee to execute Licenses for Use of City Property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") Mayor Martinez deviated from the agenda and referred to Item 25. Business Liaison Alyssa Barrera stated that the purpose of this item is to execute a three-year funding agreement with the Corpus Christi Downtown Management District(DMD)for a Bike Share Program in the amount of$30,000 per year for three years. Terry Sweeney, DMD, provided a brief overview of the following: the bike share program process;the goals of the program:to achieve health and fitness, support tourism, increase economic development; and bridge the gap of the last mile between where transit ends and the rider's final destination; the turn-key offerings of Zagster, Inc.; bike share locations; and Corpus Christi Page 18 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 the program timeline. Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames,spoke in support of the program and the partnership. Council Member Magill made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 R. APPEALS OF DECISIONS OF THE BUILDING STANDARDS BOARD (ITEMS 35 - 36) 35. Consideration of an appeal filed by Oscar De Los Santos of the Building Standards Board's decision to require demolition of the residential and accessory structures of the property located at 3769 Wilson Drive. Mayor Martinez deviated from the agenda and referred to Item 35, consideration of an appeal filed by Oscar De Los Santos of the Building Standards Board's decision to require demolition of the residential and accessory structures on property located at 3769 Wilson Drive. Tracey Cantu, Code Enforcement Administrator, presented the statement of facts:the structure was deemed substandard in August 2014; communication between Code Enforcement and the property owner from August 2014 through September 2015 regarding progress made toward the renovation of the residential structure and maintenance of the exterior property;the lack of communication on the progress on the property; a complaint was filled with the Building Standards Board on November 6,2015 and presented to the Board on November 19,2015. Mr. De Los Santos was not present at the Building Standards Board meeting. Due to the substandard and dilapidated condition of the residential and accessory structures, a hazard to the health and safety of the public was declared and the Building Standards Board ordered the structures at 3769 Wilson Drive to be removed or demolished by the owner within 30 days. If demolition was not started or completed as required,the City was authorized to demolish. On December 21,2015, Mr. De Los Santos submitted a notice of appeal in writing. In April 2016,the appeal was to be heard by City Council but was rescheduled due to severe weather which prevented Mr. De Los Santos from attending. Ms. Cantu provided an brief overview of the abatements and taxes owed on the property for a total of $3,110.11. The property has been neglected and vandalized multiple times, requiring Code Enforcement to secure the home to reduce the risk of fire damage and further deterioration to protect the integrity of the neighborhood. Oscar De Los Santos,Appellant,stated that Ms. Cantu has been very helpful walking him through process once the decision was made and explaining the appeal process. Mr. De Los Santos said he agreed to demolish the garage because the structure is no longer repairable due to a fallen tree, vandalism, Corpus Christi Page 19 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 and on-going theft of the materials that were being used to renovate the structure. Mr. De Los Santos stated that the main living structure was boarded several times, both by himself and by the City, and when he was notified by Code Enforcement that the property had been accessed again, he would board it back up. Mr. De Los Santos expressed concern that if the entire structure is demolished without establishing a rental property,the property would be open to illegal dumping. The property has been vacant for 12 years and has accumulated over$12,000 in cleaning fees from illegal dumping. Mr. De Los Santos requested consideration to allow him to demolish the garage structure and continue to move forward with repairing the residential structure. Council members spoke regarding the following topics:the willingness of the appellant to demolish the garage; the appellant's ability to renovate the property;the timeline to bring the structure up to code;state law requirements which require the appellant to detail repairs;the reasons improvements have not been made on the property since 2014; notification to the property owner regarding the Building Standards Board meeting;the property being a nuisance to the neighborhood;the timeframe that the property has been vacant; the neglect and delinquent taxes on the property;the timeframe when there was a contractor renovating the property; the abatement schedule; and the financial commitment needed to renovate the property. Mayor Martinez called for comments from the public and there were none. Assistant City Attorney Yvette Aguilar provided a packet of the applicable and revelant laws related to the case. Assistant City Attorney Aguilar stated that the following are the facts of the appeal:the Appellant has not alleged and shown that the Board's decision is erroneous;the Appellant has not alleged and shown that the Board's decision would cause undue hardship; and the Appellant has not alleged and shown that enforcement of the Board's order or any provision of the Code would be manifestly unjust and contrary to the public's interest. City Secretary Huerta explained the three options for Council Action: 1)To deny the appeal (upholding the decision of the Building Standard Board's decision;2) To sustain the appeal (reversing the Board's decision); or 3) Amend the Board's decision (in whole or in part). Council Member McIntyre made a motion to approve the resolution denying Oscar De Los Santos'appeal,thereby upholding the Building Standards Board order to demolish the buildings and structures on the property located at 3769 Wilson Drive,seconded by Council Member Garza. This Resolution was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 2- Council Member Hunter and Council Member Rosas Abstained: 0 Enactment No: 030907 36. Consideration of an appeal filed by Beatrice Rodriguez of the Building Standards Board's decision to require demolition of the residential and Corpus Christi Page 20 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 accessory structures on the property located at 4501 Mokry Drive. Mayor Martinez referred to Item 36, consideration of an appeal filed by Beatrice Rodriguez of the Building Standards Board's decision to require demolition of the residential and accessory structures on the property located at 4501 Mokry Drive. City Secretary Huerta announced that the City Council was provided information on Friday from Ms. Rodriguez requesting to reset the hearing. Ms. Rodriguez was present at the meeting and agreed to continue the hearing. Council Member Scott made a motion to move forward with the hearing, seconded by Council Member Vaughn and passed unanimously(Council Members Hunter, Rosas, and Rubio were absent). Tracey Cantu, Code Enforcement Administrator, presented the statement of facts for the property located at 4501 Mokry Drive including:the initial complaint that was brought to the attention of the Code Enforcement Department;the Code Enforcement has worked with the property owner to provide options for maintaining the property; in November 2015, Code Enforcement moved forward with the case against the property and deemed the property substandard; a notice of violation was posted on the property on March 8,2016; a complaint was filed with the Building Standards Board on March 14,2016 and notification was sent to the property owner;the case was presented to the Building Standards Board on March 31, 2016 and Ms. Rodriguez was not present at the hearing. The Building Standards Board ruled that due to the substandard and dilapidated condition of the residential and accessory structures, a hazard to the health,safety and well-being of the public was declared and ordered the structure to be removed or demolished by the owner within 30 days. Ms. Cantu provided photos of the property. Ms. Cantu provided information on the abatements on the property totaling $816.00.A demolition grant was made available to Ms. Rodriguez, but Ms. Rodriguez did not avail herself of it. The Code Enforcement Department has a history of trying to work with Ms. Rodriguez at this property and a property located on 11th Street where arrangements for pro bono work have been made to assist her. Ms. Rodriguez has submitted numerous letters in response to activity taken by Code Enforcement against her properties. There has not been any progress with the properties and often Code Enforcement has had to seek a warrant because Ms. Rodriguez becomes volatile during abatements. In consideration of the health and safety of the neighborhood and the property being on the corner of a major roadway with overgrown grass which causes a vision obstruction for traffic and pedestrians, Code Enforcement has had to abate the property. There have also been numerous complaints about the property from neighbors, including a petition regarding the condition of the property. Beatrice Rodriguez, Appellant,stated that the home has not been in bad condition since 2007. Ms. Rodriguez stated that there had been minimal fire damage to the property in 2005 and added that she has been living at the residence. Ms. Rodriguez said that the photos presented were misleading and that a majority of the damage was caused by a storm in 2005. Ms. Rodriguez said she has been under a hardship taking care of her father. Ms. Rodriguez stated that she has applied for a grant from the Federal Emergency Management Agency(FEMA)and that FEMA has classified the home as livable. Ms. Rodriguez said she also applied for a grant from the City in November and it was not awarded. Ms. Rodriguez stated that she has not been given the help she has asked for and has responded to Code Enforcement continuously Corpus Christi Page 21 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 through letters. Mayor Martinez called for comments from the public. Estela Narvaez stated that her brother owns the property next to Ms. Rodriguez and is currently renting it to her daughter and boyfriend over the past two months. Ms. Narvaez explained that the home is in really bad condition and rats, oppossums and snakes are often seen on the property. Ms. Narvaez said the property has been vacant since 2005. City Attorney Miles K. Risley presented a series of questions to Ms. Rodriguez regarding statements made in her appeal letter. Assistant City Attorney Yvette Aguilar stated that the revelant provisions apply to this case. Assistant City Attorney Aguilar explained that this house was ordered to be demolished by the owner, and if the owner didn't demolish it,the City would do so. Assistant City Attorney Aguilar stated that the following are the facts of the appeal:the Appellant has not alleged and shown that the Board's decision is erroneous; the Appellant has not alleged and shown that the Board's decision would cause undue hardship; and the Appellant has not alleged and shown that enforcement of the Board's order or any provision of the Code would be manifestly unjust and contrary to the public's interest. Council Member Scott made a motion to approve the resolution denying Beatrice Rodriguez's appeal,thereby upholding the Building Standards Board order to demolish the buildings and structures on the property located at 4501 Mokry Drive,seconded by Council Member Vaughn. This Resolution was passed and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Scott and Council Member Vaughn Absent: 3- Council Member Hunter, Council Member Rubio and Council Member Rosas Abstained: 0 Enactment No: 030908 Q. BRIEFINGS: (ITEMS 32 - 34) 32. Bond Continuation Projects Mayor Martinez deviated from the agenda and referred to Item 32, Bond Continuation Projects. City Manager Margie C. Rose stated that staff provided a list of continuous bond projects to continue additional work on these projects. The purpose of this item is to have dialogue and direction from the City Council on how to proceed with these projects. Executive Director of Public Works Valerie Gray provided a project description on the following eight transportation related improvement projects: Rodd Field Road and Yorktown Boulevard Intersection Improvements; Six Points Intersection Improvements; TxDOT Participation &Mobility Improvements; Traffic Signal &Intersection Infrastructure Improvements; Traffic Signal Communications &Network Improvements; Street Lighting Improvements;ADA Improvements; and Developer Participation. Council members and staff discussed the following topics:support for Rodd Field Road and ADA improvements;the location and distance of the Six Points Corpus Christi Page 22 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 Intersection Improvements;the increased growth and traffic on Rodd Field Road, including a new southside campus for Del Mar College; a continuation project for Laguna Shores from Bond 2004; the cost for reconstruction of Laguna Shores, specifically the section between Hustlin'Hornet and Mediterranean;the wetland issue that impacts Laguna Shores;the possibility of having a substitute road for Laguna Shores;the debt capacity to ensure there is not a tax increase;the initial concerns City Council had with having a Bond 2016; improvements to traffic signalization; infrastructure being economic development; consideration to include a residential street reconstruction program in Bond 2016; the language from the 2014 Arlington Bond Program for residential street reconstruction program; the scope and design for Laguna Shores;staff shortages in the Engineering and Street Departments; City Council's previous decision to not have a Bond 2016; concern with rushing a decision to include a bond package without vetting the 3D process (Discovery, Discuss, and Decide); and providing information to City Council that demonstrates a ten-year plan for streets, including a residential street reconstruction program. MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to get a feasibility for Laguna Shores continuation of Bond 2004, to look at all three phases,with a priority on the center section,seconded by Council Member Magill. The motion passed with the following vote: Mayor Martinez, Council Members Garza, Magill, McIntyre, and Scott; Council Member Vaughn voting "No"; Council Members Hunter, Rosas, and Rubio-absent. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to move forward with Rodd Field Road and Yorktown Boulevard Intersection Improvements; Six Points Intersection Improvements; TxDOT Participation & Mobility Improvements; Traffic Signal &Intersection Infrastructure Improvements; Traffic Signal Communications & Network Improvements; Street Lighting Improvements;ADA Improvements; and Developer Participation,seconded by Council Member Garza and passed unanimously; Council Members Hunter, Rosas, Rubio, and Vaughn -absent. 33. Draft Ballot Language for November 8, 2016 Special Election Mayor Martinez referred to Item 33. City Secretary Rebecca Huerta stated that at the July 19,2016 City Council meeting,the draft ballot language was discussed and the City Council directed staff to provide options for the ballot language for Proposition 1, 1/8th cent sales tax and Proposition 3, residential street reconstruction tax. The draft ordinance incorporates the discussed options for the City Council to review, including language regarding engineering and utility costs for the residential street reconstruction. Council members reviewed the options for the ballot language and the following motions of direction were considered: MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to move forward with the following ballot language: Replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered Corpus Christi Page 23 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 by a Type B Corporation under Chapter 505 of the Texas Local Government Code,to be effective for 20 years, with the use of the proceeds for: (1) 50%for Economic Development,specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) Up to$500,000 annually on affordable housing; and (3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. The motion was seconded by Council Member Garza and passed unanimously (Council Members Hunter, Rosas, and Rubio-absent). MOTION OF DIRECTION Council Member Garza made a motion directing the City Manager to move forward with the following ballot language: Amending the City Charter to establish a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax not to exceed six cents per one hundred dollars of assessed value for the purpose of residential street reconstruction, to be gradually implemented at a rate of not more than two cents per one hundred dollars of assessed value per year. The motion was seconded by Council Member McIntyre and passed unanimously(Council Members Hunter, Rosas, and Rubio-absent). 34. Discussion regarding Nueces County's application to the Secretary of State for participation in the Countywide Polling Place Program Mayor Martinez referred to Item 34, Countywide Polling Place Program. City Secretary Rebecca Huerta stated that on July 13,2016,the Nueces County Commissioners Court approved for Nueces County Clerk Kara Sands to apply for participation in the Countywide Polling Place Program. The program allows voters to vote at any polling location on Election Day. The Commissioners Court concurred with including 91 polling locations in the application. The City currently has 108 polling precincts and this change would bring down the number of polling locations to 76. City Secretary Huerta stated that information was provided to the City Council regarding the distribution of polling locations within the council member districts and on the methology that was used to determine the polling locations. City Secretary Huerta said a letter of support is being requested by the City Council to include with the application to the state. The application is due by August 25,2016. Interim Director of Facilities Edgar Leonard and City Manager Margie C. Rose participated in the discussion. Council members and staff discussed the following topics: discussion on the potential sites;the six City sites that do not meet the Americans with Disabilities Act(ADA) requirements;the temporary ADA fixes used during the last election that could be used again; potential financial implications to repair the polling sites;the deadline to submit the letter of support; the cost for the temporary improvements in the last election;whether there are new sites that have ADA issues;the projected costs to repair sites; consideration to draft a Corpus Christi Page 24 Printed on 8/4/2016 City Council Meeting Minutes July 26,2016 letter of support;to bring back all the financial implications and data for council approval on August 9;whether ADA compliance for voting is different than use of the facility as a senior center; and a plan to permanently address ADA compliance at the senior centers. There was a general consenus to authorize Mayor Martinez to signed a letter of support for Nueces County regarding the Countywide Polling Place Program, without obligating financial commitments until receiving further information. S. ADJOURNMENT The meeting was adjourned at 7:19 p.m. Corpus Christi Page 25 Printed on 8/4/2016 City Of Corpus Christi FOOD SERVICE ADVISORY COMMITTEE BOARD DETAILS SIZE 7 Seats 14 The Food Service Advisory Committee advises the Director of Health on application of TERM LENGTH 3 Years - ordinances regarding food and food OVERVIEW TERM LIM IT 6 Years establishments, reviews the permit fees annually to ensure the cost of the program is returned to the City, conducts hearings pursuant to the sections of the ordinance relating to revocations and makes written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19-84. COMPOSITION Seven(7) members.The membership shall consist of four(4) local food managers rZ1k from the food service or food processing industries and three(3) persons from the community at-large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative,and one community member are reappointed each year. No voting member may serve more than two terms of three-years each with the exception of those initially appointed DETAILS for less than a full three-year term. CREATION 1 AUTHORITY Section 19-65,Code of Ordinances. Ordinance No. 16026,20294-5/3/88;Ord. 023048,8/26/97 MEETS Every other month, 1st Tuesday,2:00 p.m., Public Health Dept.,Administration Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Health Department COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION FOOD SERVICE ADVISORY COMMITTEE Page 1 of 1 Food Service Advisory Committee Members August 9,2016 Two(2)vacancies with terms to 6-24-19 representing the following categories: 1-Community At-Large and 1-Local Food Manager from the Food Service or Food Processing Industries. �:-- - -..- I - N Anthony Hernandez FOOD SERVICE ADVISORY COMMITTEE Has met the six-year term limitation District 4 2 6/24/2016 Food Industry Chair Patricia Polastri FOOD SERVICE ADVISORY COMMITTEE Seeking reappointment District 2 1 6/24/2016 Community At-Large 60% 3/5 Carlos Moreno FOOD SERVICE ADVISORY COMMITTEE Active District 2 2 6/24/2017 Food Industry Manuel Ortega FOOD SERVICE ADVISORY COMMITTEE Active District 2 2 6/24/2017 Community At-Large George Brown FOOD SERVICE ADVISORY COMMITTEE Active District 4 1 6/24/2018 Food Industry Robert Boyle FOOD SERVICE ADVISORY COMMITTEE Active District 4 2 6/24/2018 Community At-Large Brian S.Carson FOOD SERVICE ADVISORY COMMITTEE Active District 5 1 6/24/2018 Food Industry Food Service Advisory Committee Applicant August 9,2016 =Boards Applying ForI MMI TED SCHROEDER FOOD SERVICE ADVISORY COMMITTEE DISTRICT 3 GULF COAST FOOD MGR.CERTIFICATION PROGRAM FOOD INDUSTRY REPRESENTATIVE 3418 DENVER AVE. CORPUS CHRISTI TX 361-658-0154 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 02, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Ted Schroeder Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? FOOD SERVICE ADVISORY COMMITTEE Street Address Suite orApt q= oft City State Postal Code District 3 What district do you live in? lmwmmn� Primary Phone Alternate Phone Gulf Coast Food Mgr Certification Pgrm. Instructor/Proctor with ServSafe Employer Job Title 3418 Denver Ave. WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State 78411 WorkAddress-Zip Code Ted Schroeder Page 1 of 4 361658-0154 Work Phone ghbc2l@aol.com 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: Education, Professional and/or Community Activity (Present) Part owner of Gulf Coast Food Manager Certification Program Am a proctor/instructor for ServeSafe-the teaching arm of the National Restaurant Association I am ANSI approved Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes 0 No 26 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Ted Schroeder Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Ted Schroeder Page 3 of 4 Question applies to FOOD SERVICE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Local Food Manager from Food Service or Food Processing Industry Ted Schroeder Page 4 of 4 City Of Corpus Christi PLANNING COMMISSION BOARD DETAILS The Planning Commission makesand amendsa master plan forthe SIZE • Seats physical development of the City;to recommend to the City Council approval or disapproval of proposed changes in the zoning plan;to exercise control over platting or subdividing land within the corporate TERM LENGTH 3 Years limitsof the city and within an area extending five miles beyond the Years City limits;to submit annually to the City Manager not lessthan 90 • TERM LIM IT • days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming five-year period;to require information from other departmentsof the City government in relation to itswork to be responsible to and act asan advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee (§10-17).This committee reviews applications for master planned development ordinancesfrom applicants seeWng beachfront construction,and submitstheirrecommendations to City Council. They also review the location of the dune protection line and beachfront construction line at least once every five yearsor within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City's jurisdiction. COMPOSITION Nine(9) members which shall consist of nine registered voters of the City ■ appointed by the City Council for three-year staggered terms. Members elect a .�� Chair from among its membership at the first regular meeting in August of each ■ year. DETAILS CREATION 1 AUTHORITY City Charter Art. 5,Sec. 1-6.The first Planning Commission ordinance w as adopted in 1937 and has been amended several times,the latest amendment being adopted 7-13-68. Sec. 10-17,Code of Ordinances;Ord.022164,2-28-95. MEETS Every other Wednesday,City Hall,Council Chambers,5:30 p.m. TERM DETAILS Three-year staggered terms. DEPARTMENT Development Services COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION PLANNING COMMISSION Page 1 of 2 Planning Commission Members August 9, 2016 One(1)vacancy with term to 7/31/17. (Note:Carl Crull failed to submit his Report of Financial Information timely which resulted in an automatic termination.Mr.Crull has since submitted his report and is requesting reinstatement.) Carl Crull PLANNING COMMISSION Automatic termination-failure to timely file Report of Financial Information District 5 1 7/31/2017 Member Heidi Hovda PLANNING COMMISSION Active District 2 1 7/31/2017 Member Mike Lippincott PLANNING COMMISSION Active District 4 2 7/31/2018 Member Philip Ramirez PLANNING COMMISSION Active District 4 2 7/31/2018 Chair Daniel M.Dibble PLANNING COMMISSION Active District 5 1 7/31/2019 Member Marsha Williams PLANNING COMMISSION Active District 3 1 7/31/2017 Member Eric Villarreal PLANNING COMMISSION Active District 2 2 7/31/2019 Vice-Chair Jeremy Baugh PLANNING COMMISSION Active District 1 1 7/31/2019 Member Frank Hastings PLANNING COMMISSION Active District 5 Partial 7/31/2018 Member Planning Commission Applicants August 9,2016 �Boards Applying For Work Address1� Martin L.Evans PLANNING COMMISSION District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd.,Ste.560 Corpus Christi TX y Matthew C.Ezell PLANNING COMMISSION District 2 South Texas Building Partners 3817 S Alameda,Ste A. Corpus Christi TX 361-299-5462 yes Mark Flores PLANNING COMMISSION District 1 IBEW 278 2301 Saratoga Corpus Christi TX 361-816-9597 yes Keith Heavilin PLANNING COMMISSION District 4 Corpus Christi AutoPlex 6422 South Padre Island Dr. Corpus Christi TX 361-334-7400 yes Jason Page PLANNING COMMISSION District 4 Self Employed 715 S.Tancahua Corpus Christi TX 361-589-9050 yes Sheldon Schroeder PLANNING COMMISSION District 4 Freeman Schroeder Architects 418 Peoples Street,Suite 101 Corpus Christi TX 361-960-3771 yes Morgan Spear PLANNING COMMISSION District 4 Morgan Spear Associates 225 S.Carancahua Corpus Christi TX 361-883-5588 yes Diana Summers PLANNING COMMISSION District 4 Hogan Homes 400 Mann St. Corpus Christi TX 512-994-8786 yes BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Martin L. Evans Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD, COMMUNITY YOUTH DEVELOPMENT(78415) PROGRAM STEERING COMMITTEE, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY NUECES COUNTYTAX APPRAISAL DISTRICT, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Street Address Suite orApt City State Postal Code District 5 What district do you live in? lwmmmm� Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner Employer Job Title 101 North Shoreline Blvd, STE 560 WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State Martin L. Evans Page 1 of 5 78401 WorkAddress-Zip Code Work Phone Marty@Freedom-ic.com Work E-mail address Home/Primary Address Preferred Mailing lAdress 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) BS Political Science & History Ed, Texas A&I University Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No 50 If yes,how many years? City Board Resume.doc Upload a Resume Please upload any additional supporting documents Demographics Martin L. Evans Page 2 of 5 Unknown Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Martin L. Evans Page 3 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? ® Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQ Yes O No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you transportation disadvantaged? Q Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? QQ Yes O No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? QQ Yes Q No Martin L. Evans Page 4 of 5 Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQ Yes O No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX. Are you a resident of the Port Authority district and an elector* of Nueces County? QQ Yes O No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX. Have you been a resident of Nueces County for at least 6 months? QQ Yes O No Martin L. Evans Page 5 of 5 MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS &ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non-criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama(Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras &El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written&verbal Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Training and Teaching Information analysis and reporting Computer and Internet savvy Project development and oversight Marketing and sales Budgeting P &L analysis EXPERINCE: May 2009—Present Registered Principle/Owner—Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor&Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning,investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility$30,000,000+. Trailing 12 month production$215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995-Apr 1997 Account Executive,Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994-Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio,TX Pilot for an overnight air freight operator. Aug 1991-Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5-person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight-state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991-Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990-Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986-Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite NASD Series 7 Series 65 Windows NT Series 63 Series 31 MS Word ACT Contact Management data Investment Management base Consultant MS Excel MS PowerPoint Internet savvy Group one life & annuity insurance license Education: Graduated Calallen Highschool 1969, BS in Political Science &History ED, Texas A& I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 13, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Matthew C Ezell Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? PLANNING COMMISSION Street Address Suite orApt q= oft City State Postal Code District 2 What district do you live in? lmwmmn� Primary Phone Alternate Phone South Texas Building Partners President Employer Job Title 3817 S Alameda, Ste A WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State 78411 WorkAddress-Zip Code Matthew C Ezell Page 1 of 4 3612995462 Work Phone mce@stbp.com Work E-mail address Home/Primary 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: Yes, I am currently chairman of the Building Standards Board, in the third year of my three year term. Education, Professional and/or Community Activity (Present) I attained my undergraduate degree at Texas A&M University in College Station in 2005 (bachelor of science in economics) and my masters degree at Texas A&M University- Corpus Christi in 2010 (master of business administration). I was employed by a Corpus Christi-based general contractor from 2005 to July 2012, when I left to start my own general contracting firm South Texas Building Partners. CommunityActivity has been a big part of my life, especially since moving to Corpus Christi. I have enjoyed serving on and chairing the Building Standards Board. I have also served as president of the South Texas Chapter of the AGC, vice president of the Nueces CountyA&M Club (Aggie alumni group), and co-chairman of Corpus Christi Cattle Baron's Ball. I am a graduate of Leadership Corpus Christi class 39, and have been active in participating and supporting numerous other causes. Registered Voter? Q Yes Q No Current resident of the city? Q Yes Q No 11 years If yes,how many years? resume_2016-04-05.pdf Upload a Resume Please upload any additional supporting documents Matthew C Ezell Page 2 of 4 Demographics Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Matthew C Ezell Page 3 of 4 Board-specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQ Yes O No Matthew C Ezell Page 4 of 4 South Texas Building Partners Matthew Christo her Ezell Experience July 2012- STBP, Inc.dba South Texas Building Partners Corpus Christi,Texas Present President ■ Build business from concept through business plan,funding,and into operations ■ Strategic planning ■ Communication of and direction toward pursuit of mission/vision ■ Remove obstacles to the success of our partners ■ Lead all business operations June 2005- Ewing Construction Co.,Inc. Corpus Christi,Texas July 2012 Assistant Project Manager, Project Manager, Project Executive, Corporate Secretary/Treasurer ■ Balance all aspects of over 1,350,000 sq ft of remodel work and over 550,000 sq ft of new construction/renovation in the retail,educational,government,office,and light industrial sectors totaling more than$85 million of work in place Activities/Affiliations ■ Associated General Contractors-South Texas Chapter, Board Member and 2016 President ■ City of Corpus Christi Building Standards Board, Member/Chairman ■ American Institute of Constructors, Member/CPC(Certified Professional Constructor) ■ US Green Building Council-Texas Gulf Coast Chapter-Coastal Bend Branch, Member/LEED Green Associate ■ Design-Build Institute of America, Member/Assoc. DBIA ■ The Episcopal Church of the Good Shepherd, Member ■ Cattle Baron's Ball Corpus Christi,Committee Member and 2015 Co-Chairman ■ Cattle Baron's Ball Advisory Committee(comprised of past chairs), Member ■ Leadership Corpus Christi Alumni Association, Member ■ Alumni Association of Texas A&M University-Corpus Christi, Member ■ The Association of Former Students of Texas A&M University, Member ■ Nueces County A&M Club, Member, Past Vice President of Finance/Fishing Tournament Chair/Trustee ■ Friends of Corpus Christi Public Libraries, Member ■ Coastal Conservation Association, Member ■ Ducks Unlimited, Member Certifications/Accreditations ■ MBA ■ Assoc. DBIA ■ CPC ■ LEED Green Associate ■ CPR/AED/First Aid ■ OSHA 10 Hour ■ Basic Orientation Plus Education Texas A&M University College Station,Texas Bachelor of Science in Economics, Minor in Business Administration, May 2005 Texas A&M University-Corpus Christi Corpus Christi,Texas Master of Business Administration,August 2010 Training, References,and Project Experience Available upon request South Texas Building Partners Training USGBC Energy Efficiency for Existing Buildings,April 2016 American Heart Association CPR/AED/First Aid,Corpus Christi TX,April 2016 AGC Competing on Business Analytics, March 2016 AGC Construction Contract Claims: Lessons Learned from the Battlefield, March 2016 AGC Lean Construction for Executives, March 2016 USGBC Principles of LEED(EB: O+M): Materials and Resources, May 2014 USGBC Principles of LEED(BD+C and ID+C): LEED Implementation,May 2014 USGBC Integrative Process:Closing the Gaps, May 2014 Basic Orientation Plus,Corpus Christi TX, May 2014 American Heart Association CPR/AED/First Aid,Corpus Christi TX, March 2014 LEED 201: LEED Core Concepts&Strategies, May 2012 OSHA 10 Hour Construction Industry Outreach,Corpus Christi TX, March 2012 Leadership Corpus Christi Class 39,Corpus Christi TX,August 2010 through May 2011 FM Leadership Institute, Florissant CO, May 2011 American Red Cross CPR/AED/First Aid,Corpus Christi TX, February 2011 IMS Advanced Project Management in Primavera P6, Houston TX,October 2010 IMS Project Management in Primavera P6, Houston TX,September 2010 USACE Construction Quality Management for Contractors,Corpus Christi TX,July 2009 DBIA Designated Design-Build Professional Boot Camp,San Luis Obispo CA,September 2008 Dale Carnegie Course,Corpus Christi TX, December 2007 FM Young Managers Institute, Raleigh NC, November 2007 FMI Project Manager Academy, Raleigh NC, December 2006 Work References Mark Luddeke, Principle, Luddeke Architectural Design Group,361-249-3681 William McCord, Principle,WKMC Architects,361-887-6696 Will Klatt, President,Ambrose Construction,361-299-6262 Terry Allison, President,Allison Flooring America,361-855-4781 Vicki George,CFO, London ISD,361-855-0092 Michael Owens, Regional Manager,CCC Group, Inc.,361-289-5155 Personal References Brett Blanchard, Chet Freeman, Kathy Killebrew South Texas Building Partners Project Experience-Ewing Construction Co.,Inc. Firm Role Prosect Location Contract Value ECCI Asst. Proj. Mgr. Sears Grand Austin TX $ 9,339,720 ECCI Proj. Mgr. Wal-Mart#249 Remodel Cleveland TX $ 698,567 ECCI Proj. Mgr. Wal-Mart#228 Remodel Cleburne TX $ 1,215,067 ECCI Proj. Mgr. Wal-Mart#3224 Remodel Garland TX $ 772,769 ECCI Proj. Mgr. Wal-Mart#3213 Remodel The Woodlands TX $ 920,183 ECCI Proj. Mgr. Wal-Mart#2649 Remodel Irving TX $ 1,172,901 ECCI Proj. Mgr. Randall's#1066 Remodel Houston TX $ 1,472,079 ECCI Proj. Mgr. CVS Pharmacy#7471 Corpus Christi TX $ 2,225,754 ECCI Proj. Mgr. Sam's Club#8248 Special Project Dallas TX $ 102,036 ECCI Proj. Mgr. Wal-Mart#2864 Remodel San Antonio TX $ 1,439,505 ECCI Proj. Mgr. Wal-Mart#5165 Restroom Remodel Alamo TX $ 222,877 ECCI Proj. Mgr. Wal-Mart#1175 Restroom Remodel Flagstaff AZ $ 222,917 ECCI Proj. Mgr. Popeyes Chicken&Biscuits Corpus Christi TX $ 700,362 ECCI Proj. Mgr. Stripes#2101 Corpus Christi TX $ 1,020,584 ECCI Proj. Mgr. Cavender's Boot City Corpus Christi TX $ 427,282 ECCI Proj. Mgr. Cavender's Western Outfitter McAllen TX $ 1,194,796 ECCI Proj. Mgr. Plaza 410 Renovation South Padre Island TX $ 82,748 ECCI Proj. Mgr. Texas Champion Bank Headquarters Corpus Christi TX $ 7,341,930 ECCI Proj. Mgr. London ISD Middle School Addition Corpus Christi TX $ 5,304,410 ECCI Proj. Mgr. Tuloso-Midway ISD Tennis Courts Corpus Christi TX $ 2,361,004 ECCI Proj. Mgr. Tuloso-Midway High School Addition Corpus Christi TX $ 4,693,314 ECCI Proj. Mgr. Tuloso-Midway Middle School Corpus Christi TX $ 6,935,795 ECCI Proj. Mgr. Del Mar College Fine Arts PCS Corpus Christi TX $ 37,500 ECCI Proj. Mgr. CCISD Zavala Elementary School Corpus Christi TX $12,721,947 ECCI Proj. Mgr. SNAP Reichhold Chemie Hausen,Switzerland $ 3,440,200 ECCI Proj. Exec. Texas A&M-CC Tennis Center Corpus Christi TX $ 2,523,761 ECCI Asst. Proj. Mgr. NAVFAC-CCAD Rotor Blade Facility Corpus Christi TX $10,325,000 ECCI Proj. Exec. Coastal Drilling Additions Corpus Christi TX $ 521,933 ECCI Proj. Exec. Texas Workforce Commission Fence Corpus Christi TX $ 67,619 ECCI Proj. Exec. Texas Champion Bank Drive-thru ATM Corpus Christi TX $ 37,226 ECCI Proj. Exec. Wings n' More Corpus Christi TX $ 1,410,331 ECCI Proj. Exec. Jim Hogg County Street Improvements Hebbronville TX $ 259,660 ECCI Proj. Exec. Ashley Furniture Home Store Corpus Christi TX $ 833,476 ECCI Asst. Proj. Mgr. TPCO America- Pipe Finishing Facility Gregory TX $28,000,000 Project Experience-STBP,Inc.dba South Texas Building Partners See attached BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 10, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Mark Flores Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, ELECTRICALADVISORY BOARD, PLANNING COMMISSION Street Address Suite orApt oft City State Postal Code District 1 What district do you live in? lwwwwm� Primary Phone Alternate Phone IBEW 278 ASST. BUSINESS MANAGER Employer Job Title 2301 SARATOGA WorkAddress-StreetAddressand Suite Number CORPUS CHRISTI WorkAddress-City TX WorkAddress-State 78417 WorkAddress-Zip Code Mark Flores Page 1 of 5 361-816-9597 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) (1980-1984) TEXAS GULF COAST ELECTRICAL JOINTAPPRENTSHIP PROGRAM AND TRAINING PROGRAM. 34 YEARS ELECTRICAL EXPERIENCE Registered Voter? Q Yes Q No Current resident of the city? Q Yes 0 No 39 If yes,how many years? FLORES.pdf Upload a Resume FLORES.pdf Please upload any additional supporting documents Demographics Hispanic Mark Flores Page 2 of 5 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Mark Flores Page 3 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQ Yes O No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you transportation disadvantaged? Q Yes Q No Question applies to ELECTRICAL ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Journeyman Electrician (minimum five years' experience) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQ Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Mark Flores Page 4 of 5 STATE OF TEXAS MARK A FLORES JOURNEYMAN ELECTRICIAN !]CENSE NUMBER 24503 F-VIRES 05/25/2015 TEXAS DEPARTMENT OF LICENSING AND REGULATION a BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 23, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Keith Heavilin Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? PLANNING COMMISSION Street Address Suite orApt q= oft City State Postal Code District 4 What district do you live in? lmwmmn� Primary Phone Alternate Phone Corpus Christi AutoPlex General Manager Employer Job Title 6422 SPID WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State 78418 WorkAddress-Zip Code Keith Heavilin Page 1 of 4 3613347400 keith@ccautoplex.com Work E-mail address Home/Primary 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: Education, Professional and/or Community Activity (Present) Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes Q No 1 If yes,how many years? Keith Heavilin Resume 2016.docx Upload a Resume Please upload any additional supporting documents Demographics Keith Heavilin Page 2 of 4 Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Keith Heavilin Page 3 of 4 Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQYes No Keith Heavilin Page 4 of 4 Keith Heavilin WORK EXPERIENCE General Manager CC AutoPlex, Corpus Christi, TX April 2016 -Present • Oversee all operations of a start-up buy -here -pay -here car dealership, related finance company, and service shop • Responsible for establishing and implementing all processes and procedures to insure a profitable and compliant dealership and finance company. • Responsible for vehicle procurement, sales and collection operations and all accounting and financials. General Manager Smart Auto Inc., Knoxville, TN June 2010- May 2015 • Oversaw all operations of bicoastal, $38 million portfolio buy -here -pay -here car dealership, related finance company, and service shops • Directly managed 15 key managers including Sales, Service, Finance, General Counsel, Business Development, and Dealer Support personnel • Responsible for growing portfolio by 30% in 5 year tenure as General Manager Supported four full-service car dealership locations, hired key managers, developed and executed successful operational policies and procedures in all departments • Continually identified areas of improvement throughout the organization, developed strategic plan for improvement, managed process until goal metrics were reached Service Manager Smart Auto Inc., Knoxville, TN January 2010 • Changed parts ordering process to save $250,000 per year per location • Established Asset Management performance metrics and buying guides for buyers in all locations • Streamlined reconditioning process of assets to reduce cost by $250 per unit • Exceeded all established performance goals while reducing overhead and employee headcount Customer Relationship Manager/Underwriter Smart Auto Inc., Knoxville, TN August 2009 • Responsible for daily, weekly, and monthly collection goals including: cash collected, delinquency, repossessions, and charge offs. • Performed all underwriting of vehicle loans on site to buy from related sales company • Maintained relationships with customers throughout life of auto loan ensuring timely payments to the finance company SKILLS EDUCATION • Proficient manager of teams and individuals • Highly adaptable to new and changing conditions • Expert at finding bad/inefficient processes and procedures and implementing corrections for efficiency and profitability • Expert user of FEXDMS, Dialing Systems, Accurint, GPS Tracking Systems University of Tennessee, Knoxville, Tennessee BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 09, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Jason Page Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? PLANNING COMMISSION Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone Self Employed Employer 715 S Tancahua WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78401 WorkAddress- Zip Code Owner / Principal Job Title Jason Page Page 1 of 4 3615899050 jasondavidpage@gmail.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: I do not currently serve on any other board, commission, or committee Education, Professional and/or Community Activity (Present) Registered Voter? QQYes No Current resident of the city? QQ Yes Q No 32 If yes, how many years? Jason_Page_Resume.pdf Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Jason Page Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Z !Agree Board -specific questions (if applicable) Jason Page Page 3 of 4 Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQYes No Jason Page Page 4 of 4 JASON PAGE SUMMARY Freelance photographer with experience in digital and film, as well as medium format photography. Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity & Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 03 / 2010 - Present Owner, Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively, while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01 / 2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals. Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 03 / 2012 - Present Inventory & Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management - I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management - I have worked with the management to implement a series of methods for tracking production, both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10 / 2008 - 03 / 2010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel, billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10/ 2006 - 01 / 2008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY -CORPUS CHRISTI None , GIS / Geomatics GIS / Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO / CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET Falck Safety Services (US) SAFELANDUSA PEC Safety • License: PEC100474939 SAFEGULF PEC Safety • License: PEC100474939 TWIC Transportation Security Administration (TSA) • German • English LANGUAGES PUBLICATIONS 2002 - 2006 1998 - 2002 02 / 2014 02 / 2014 02 / 2014 12 / 2015 - 12 / 2020 THE BEND MAGAZINE Gemstone Media, LLC / Jordan Regas Authors: Jason http://issuu. com/thebendmag/docs/tb_06_ 14_online/5?e =11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager t 06/ 2014 Page • o visit our famil)s barbeque place AND get to photograph him with his dad? I said yes immediately! We photographed enjoying an ice cold beer and having a good of time. Then we got a few posed and natural / candid them against some 200 year old doors and a 60 year old hut with the Texas flag painted on the side. THE ONE BRIDE GUIDE McCleod Creative Authors: Jason http://www.theonebrideguide.com/magazine/Vol7_Issue2/TheOne_Vol7Issue2 Final_web.pdf Roger and his dad shots of the two of 06/ 2014 Page • I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color". I wanted to literally bring that pop to the cover by including brightly colored, 24" balloons. Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 10/ 2012 Self Published • Authors: Jason Page • http://photosjasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design & Layout by Jason Page, Makeup & Hairstyling by Ashle Riff, Lead Model Amanda Ramirez (aka Mandi Mayhem). Each calendar is 9x12 printed on glossy paper and includes a single hang -hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM - July 2011 • Authors: Jason Page, Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 15, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Sheldon Schroeder Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? PLANNING COMMISSION Street Address Suite orApt 1011111111 City State Postal Code District 4 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone Freeman Schroeder Architects Architect / Principal Employer Job Title 418 Peoples Street; Suite 101 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78401 WorkAddress- Zip Code Sheldon Schroeder Page 1 of 4 (361) 960-3771 sheldon@frescharch.com 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) Bachelor of Architecture, Architect, Have served on and / or participated in various city planning initiatives over the past 15 years - 2014 R/U DAT, participated in Plan 2035 planning sessions, participated in Destination Bayfront public input workshop, etc.. Currently serve on Texas Society of Architects Urban Planning Committee (ending 3 year term) Registered Voter? QYes No Current resident of the city? QYes No 19 If yes, how many years? Resume -Sheldon 05-2016.pdf Upload a Resume Plea upload any additional supporting documents Demographics Sheldon Schroeder Page 2 of 4 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Z !Agree Sheldon Schroeder Page 3 of 4 Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQYes No Sheldon Schroeder Page 4 of 4 frocr -h FREEMAN SCHROEDER architects EXPERIENCE Sheldon Schroeder, AIA Resume 2016 Freeman Schroeder Architects, LLC - 1/2015 -Present Corpus Christi, Texas Principal / Architect Schroeder Architect, LLC - 08/2011-12/2014 Corpus Christi, Texas Owner / Architect Richter Architects - 1997-2011 Corpus Christi, Texas Project manager / Project architect Shaughnessy Fickle & Scott Architects — 1996 — 1997 Kansas City, Missouri Intern International Architects Atelier - 1994-1996 Kansas City, Missouri Intern LICENSURE Architect, State of Texas — Registration # 19241 EDUCATION Bachelor of Architecture - 1994 Oklahoma State University — School of Architecture PROFESSIONAL AFFILIATION American Institute of Architects (AIA) Texas Society of Architects, Board of Directors 2013 — 2014 AIA Corpus Christi, Board of Directors 2006 — 2014 SERVICE AFFILIATION Boys and Girls Club Corpus Christi Board of Directors 2009 - 2012 Sheldon Schroeder, AIA PROJECTS Commercial Auto Dealership — Stanley Bryan Buick GMC Robstown, Texas (Schroeder Architect) Facility Renovations - Kleberg Bank Various Locations in Kingsville and Corpus Christi, Texas (fresch architects) Civic / Institution / Education Children's Exhibit - Museum of Science & History Corpus Christi, Texas (fresch architects — architect of record) Ambulance Station - Nueces County Emergency Services District # 6 Driscoll, Texas (fresch architects) Garcia Sciences Greenhouse — Del Mar College Corpus Christi, Texas (Schroeder Architect) Estuarine Research Center — University of Texas at Austin Marine Science Institute - Port Aransas, Texas (Richter Architects — Project manager) National Museum of the Pacific War — Nimitz Foundation Fredericksburg, Texas (Richter Architects — Project manager) Fine Arts Theater Addition — Del Mar College Corpus Christi, Texas (Richter Architects — Project manager thru 50% Construction) Garcia Sciences Building — Del Mar College Corpus Christi, Texas (Richter Architects — Project manager) Health Sciences and Emerging Technology Center — Del Mar College Corpus Christi, Texas (Richter Architects — Project manager) Health Care MRI Replacement - Mission Regional Medical Center Mission, Texas (fresch architects) Religious Campus Master Plan - Grace Presbyterian Church Corpus Christi, Texas (fresch architects) Fellowship Hall master plan — Lake Hills United Methodist Church Lake Hills, Texas — (fresch architects) Sheldon Schroeder, AIA Facility renovations & improvements - Parkway Presbyterian Church Corpus Christi, Texas (fresch architects) Church campus relocation (adaptive reuse) — Community of Faith Church Corpus Christi, Texas (Schroeder Architect) Residential Private Residence — Rancho Santana, Nicaragua (Schroeder Architect — design architect — under construction) Private Residence — Nueces Riverfront Corpus Christi, Texas (Freeman Schroeder Architects) Sheldon Schroeder, AIA BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Pref x Email Address Morgan First Name Middle Initial Spear Lag Name 3.Attex Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Street Address District 4 What distnct do you live in' Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES PRESIDENT Employer Jot: T 225 S. CARANCAHUA Work Address- Street Address and Sude Number CORPUS CHRISTI WorkAddress- City TX WorkAddress - Slate 78401 WorkAddress - Zip Code Suite or Apt WI" S 13te Postal Code Morgan Spear Page 1 of 5 361-883-5588 Work Phone Work E-mail address Work 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 THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICE ARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) Registered Voter? pYes No Current resident of the city? Q Yes 0 No 56 If yes, how many years? Upload a Resume Please upload any additional supporting documents Morgan Spear Page 2 of 5 Demographics Caucasian/Non-Hispanic ity r r Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® lAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® lAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® lAgree Morgan Spear Page 3 of 5 Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? • Yes 0 N Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? • Yes 0 N Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Quest. applie to POR 1 OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? p Yes Q No Morgan Spear Page 4 of 5 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Diana Summers Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suit, City District 4 What district do you live in? is.101111.1.1 Primary Phone Alternate Phone HOGAN HOMES CHIEF FINANCIAL OFFICER Employer Job Title 400 MANN ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City WorkAddress - State 78401 WorkAddress- Zip Code Postal Code Diana Summers Page 1 of 4 512-994-8786 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) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDITASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? QYes No Current resident of the city? Q Yes No 4 If yes, how many years? BROWN.pdf Upload a Resume Plea upload any additional supporting documents Demographics Diana Summers Page 2 of 4 Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® (Agree Diana Summers Page 3 of 4 Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQ Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Diana Summers Page 4 of 4 Diana Brown Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $crounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting of August 9, 2016 DATE: July 26, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief mikema(c�cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Purchase of Body Worn Video Cameras for Police Department CAPTION: Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of $130,414.00, with funding available in the FY 2015-2016 Police Grants Fund. PURPOSE: To purchase 122 body worn cameras, associated hardware, software and licenses for the Police Department. BACKGROUND AND FINDINGS: This purchase is to equip uniformed police officers with body worn video cameras to record and document daily police/citizen interactions. This purchase is the result of a 2015 grant from the Department of Justice, Bureau of Justice Assistance. The video collected by the body worn cameras will be uploaded into the Police Department's existing Coban video dash cam systems and will be stored and managed within the Police Department's existing Coban video storage system. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: 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 $2898.22 $2898.22 This item $130,414.00 $130,414.00 BALANCE $116,687.78 $116,687.78 Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of $130,414.00, with funding available in the FY 2015-2016 Police Grants Fund. WHEREAS, 122 body worn cameras will be purchased along with the associated hardware, software, and licenses for use by the Police Department; WHEREAS, these cameras will equip uniformed police officers with body worn video cameras to record and document daily police/citizen interactions; WHEREAS, video collected by the body worn cameras will be uploaded into the Police Department's existing Coban video dash cam systems and will be stored and managed within the existing Coban video storage system; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Govern- ment Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or her designee, is authorized to purchase the body worn cameras, associated hardware, software, and licenses for uniformed police officers from Coban Technologies, Inc., fora total cost of $130,414.00. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER:JEANNETTE P. TIJERINA PRICE SHEET PURCHASE OF BODY WORN CAMERAS FOR POLICE DEPARTMENT ITEM DESCRIPTION QTY. UNIT Coban Technologies Inc. Houston, Texas UNIT PRICE EXTENDED PRICE Coban DVMS Automated DVD Buring Solution 1. Software Annual Renewal (Software Maintenance and Technical Support) 2 each $595.00 $1,190.00 Coban ECHO Body Worn Camera Package 2. (includes: ECHO Camera, 110v Wall Adapter, USB 122 each $399.00 $48,678.00 Cable, Spring Clip, 1 year factory warranty) 3. ECHO IR CLIP Camera 136 each $99.00 $13,464.00 ECHO Single Bay Vehicle/Office Upload/Charging 4. Cradle (Incl. Cable -USB 16ft extension w/repeater for 157 each $141.00 $22,137.00 Edge/M7 intergration) ECHO Single Bay Vehicle/Office Upload/Charging 4. Cradle (Incl. Cable -USB 16ft extension w/repeater for 7 each $141.00 $987.00 Edge/M7 intergration) 5 DVMS BWC Solution License First year software maintenance and technical 122 each $90.00 $10,980.00 6.DVMS BWC Solution Renewal Software maintenance and Technical Support (per 122 each $90.00 $10,980.00 7. ECHO 2nd & 3rd year warranty 122 each $225.00 $27,450.00 8 Shipping - Bodycam or single/double dock for bodycam 122 each $9.00 $1,098.00 9 Shipping - Back Office Hardware (Server, Auto DVD, Interview, Jail) Each 3 each $150.00 $450.00 10. Discount TOTAL 1 each $7,000.00 $7,000.00 $130,414.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting August 9, 2016 DATE: July 26, 2016 TO: Margie C. Rose, City Manager FROM Jim Davis, Director of General Services jimd@cctexas.com (361) 826-1909 Mike Markle, Police Chief mikema@cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Purchase of 37 Ford Explorer Police Vehicles CAPTION: Motion approving the purchase of 37 Ford Explorer Vehicles from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $1,077,680.90. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime Control and Fleet Maintenance Services in FY 2015-2016. PURPOSE: This item is to approve the purchase of 37 Ford Explorer vehicles. BACKGROUND AND FINDINGS: This purchase will be used by Police Officers in the performance of their duties throughout the City and keeps pace with efforts to continue to modernize the Police Fleet. The 37 Ford Explorer vehicles will be replacement vehicles and will not increase the fleet. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for these vehicles is not compatible with a CNG fuel application. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services and Police FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,336,459.49 $0.00 $4,336,459.49 Encumbered / Expended Amount $2,274,544.43 $0.00 $2,274,544.43 This item $1,077,680.90 $0.00 $1,077,680.90 BALANCE $984,234.16 $0.00 $984,234.16 Fund(s): CC Crime Control and Fleet Maintenance Services Comments: Funding for the purchase of the 37 Ford Explorer vehicles has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. DESCRIPTION 2017 PI Utility Awd Ford Explorer BuyBoard Fee QTY. 37 1 PRICE SHEET PURCHASE OF 37 FORD EXPLORERS TLGPC BID 430-13 Caldwell Country Ford Caldwell, TX UNIT Each Each UNIT PRICE $29,115.700 $400.000 EXTENDED PRICE $1,077,280.90 $400.00 Total Cost: $1,077,680.90 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting of August 9, 2016 DATE: TO: June 23, 2016 Margie C. Rose, Interim City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute 24 -month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for $108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. PURPOSE: Renewal of 24 -month governmental relations contracts between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers & Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s. Both firms are well-respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. Focused Advocacy has represented the City for many years and is familiar with the City, its legislative history and its needs. The firm almost exclusively represents municipalities so they have extensive knowledge of municipal law and legislative issues. The firm also represents the Texas Mayors of Military Communities, an organization of which the City is a member. Meyers and Associates has represented the City for many years and is familiar with the City, its legislative history and its needs. Meyers and Associates maintains an excellent, non-partisan reputation among the Texas congressional delegation and continues to establish and maintain favorable contacts within the federal government that are beneficial to the City. Meyers also represents the Alliance for 1-69 Texas and the South Texas Military Facilities Task Force, organizations of which the City is a member. ALTERNATIVES: (1) Renew one or both of the consulting contracts; (2) Not renew one or both of the consulting contracts, (3) Renew annual contracts instead of two year contracts; (4) Reject the proposed increase for Focused Advocacy and attempt to renegotiate; or (5) Work with Purchasing Department on a request for qualifications (RFQ) to find a different firm to represent the City. OTHER CONSIDERATIONS: In April 2016, Focused Advocacy principals notified the Intergovernmental Relations Director the monthly retainer would increase closer to current market rates assuming the City of Corpus Christi wanted to renew its contract with the firm for 2017-2018. Focused Advocacy believes the City's retainer is on the low end of the scale for lobby services, especially in relation to resources required to accomplish the City's legislative agenda. Today, retainers for new clients of the firm start at $10,000 per month. The City's agenda is more extensive and has numerous pro -active bills and activities that require more labor and effort. The firm specializes in municipal government and includes three full-time lobbyists, plus office support staff. The negotiated increase to $9,000 per month versus the current $8,500 per month is reasonable given the current scale for lobbying services and for the scope of activities undertaken by the firm on behalf of the City. CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2017 fiscal year. EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Acting City Manager City Attorney Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Fiscal Years: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Year FYs 17-18 TOTALS Line Item Budget $372,000 $372,000 Encumbered / Expended Amount This item BALANCE Fund(s): General Fund, Water, Gas, Wastewater (state and federal), and Airport (federal only) Comments: None RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington, D.C., for the 2017 and 2018 fiscal years. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the next 24 months. The City will still be receiving value for its investment in Focused Advocacy. The process of preparing and awarding an RFQ for professional lobby services is a lengthy process that could interfere with the timely adoption of the City's legislative agenda. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Focused Advocacy 2. Renewal contract with Meyers & Associates FOCUSED(L'ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi, Texas) This contract is made the 1St day of October, 2016, between City of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX 78401(hereinafter "Client") and Focused Advocacy having its principal place of business at, 816 Congress, Ste. 370, Austin, Texas 78701 (hereinafter "Consultant") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a. At the direction of Client, represent the Client in dealings with elected and appointed officials, legislative staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client. c. Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives, including review and editing of legislation, drafting of amendments, riders, and related supporting documents. d. Assist the Client in the passage or defeat of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 816 CONGRESS AVENUE, STE. 370 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(L'ADVOCACY g. Monitor, by attendance at meetings and otherwise, state legislative and regulatory bodies considering legislation and/or rulemaking that would impact Client's government affairs objectives and interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. As requested, Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting, to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant. Deliverables - As requested, Consultant will provide the Client during the legislative session, written summary reports detailing the nature of legislative contacts (e.g. meetings and communications) the Consultant made on behalf of the Client to further the Client's state legislative agenda. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests, the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. 5. Term. This Agreement is effective on October 1, 2016 through August 31, 2018 (24 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 816 CONGRESS AVENUE, STE. 370 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(L'ADVOCACY 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: a. $9,000 per month for the duration of the contract. The fee will be billed on or about the first of each month. b. Payment shall be made to Focused Advocacy, LLC, 816 Congress Avenue, Ste 370, Austin, TX 78701(Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre - approved travel made at Client's request for work connected to this agreement. "Reasonable expenses" shall include airfare, hotels, taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10. Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity" as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules, the amount of the retainer paid to the 816 CONGRESS AVENUE, STE. 370 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(L'ADVOCACY Consultant that is being paid for "lobby activities". Based upon Consultant's experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13. Termination. Either party may terminate this agreement, without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof (including this section) shall be valid unless in writing and signed by the parties hereto. 816 CONGRESS AVENUE, STE. 370 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(1'ADVOCACY IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. City of Corpus Christi, Texas Focused Advocacy, LLC By: By: Mrs. Margie C. Rose Mr. Snapper L. Carr City Manager General Counsel Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Miles Risley City Attorney 816 CONGRESS AVENUE, STE. 370 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the 1st day of October 2016. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs, protecting the tax exempt status of municipal bonds, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,500.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. c. Such payments will commence in October 1 2016 and will continue for (24) twenty- four consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. Page 1 of 3 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence October 1, 2016 and continue until September 30, 2018, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. Page 2 of 3 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. APPROVED AS TO FORM: CITY ATTORNEY Miles Risley CITY OF CORPUS CHRISTI, TEXAS By: Margie C. Rose City Manager August 9, 2016 MEYERS & ASSOCIATES By: Page 3 of 3 Larry Meyers August 9, 2016 MEYERS & ASSOCIATES ATTACHMENT Annual Amount Required (FYs 17 and 18): State Contract: Focused Advocacy Fund Name Annual Amount General Fund (14%) $ 15,119 Water (63%) $ 68,043 Gas (6%) $ 6,479 Wastewater (17%) $ 18,359 Total (Annually) $108,000 Federal Contract: Meyers and Associates Fund Name Annual Amount General Fund (15%) $11,910 Water (49%) $37,917 Gas (6%) $ 4,337 Wastewater (17%) $13,002 Airport (14%) $10,834 Total (Annually) $78,000 $ 186,000 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 5, 2016 TO: Margie Rose, Interim City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property located on the south side of Compton Road approximately 1,250 feet west of Waldron Road CAPTION: Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of an enclosed boat and recreational vehicle storage facility on Tract 1 and general commercial uses on Tract 2. RECOMMENDATION: Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the attached site plan and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a gated, self-service storage facility for fully - enclosed boat and recreational vehicle storage. 2. Minimum Yards: The street yard setback along the northwest corner of the property abutting Compton Road shall be a minimum of 50 feet. The street yard setback along the remainder of Compton Road frontage shall be a minimum of 50 feet. 3. Buffer Yards: A 50-foot wide buffer yard (coterminous with the street yard) and a six-foot solid wood screening fence shall be installed, maintained and remain in place on that portion of the northwest corner of the property abutting Compton Road. A 15-foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along any side of the property abutting a residential zoning district; except that, for any area abutting a drainage ditch with a minimum of 30 feet of right-of-way the buffer yard may be comprised of a continuous masonry wall at least six feet in height, which may be comprised of a combination of the rear wall of a building and a masonry wall, set back a minimum of 10 feet from the property line. 4. Landscaping: Seventy percent of the required landscaping shall be installed, maintained, and remain in place on that portion of the northwest corner of the property abutting Compton Road where the site plan indicates a 50-foot buffer yard. 5. Architectural Elements: Buildings constructed along the west and south property lines abutting residential zoning districts shall incorporate masonry-type elements, such as but not limited to wainscoting. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of a property line abutting residential zoning districts. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed eight feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign shall face Compton Road. 8. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with all standards of the UDC for gated parking areas shall be provided between the public right-of-way and the front access gate of the storage facility. 9. Storage Space: The maximum allowable storage space for a boat or recreational vehicle storage unit shall not exceed 500 square feet in accordance with the UDC. Boat and recreational vehicle storage buildings shall be limited to one floor in height. 10.On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. The repair of boats and recreational vehicles shall be prohibited. 11.Traffic Improvements: The Owner shall construct or install traffic improvements identified in the Traffic Impact Analysis submitted to the Transportation Advisory Commission for the removal of First National Boulevard from the Urban Transportation Plan. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable requirements of the UDC, Building and Fire Code. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. Vote Results: For: 8 Opposed: 0 Abstained: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District to allow construction of an enclosed boat and recreational vehicle (RV) storage facility on Tract 1. The proposed development on Tract 2 is unknown at this time. The owner is proposing to develop Tract 1 with multiple structures to be used for the storage of boats and RVs. A larger street yard setback of 50 feet is proposed along the northwest corner of the property abutting Compton Road and the required yard of 20 feet is shown along the remainder of the Compton Road frontage. The property owner is proposing to construct buildings 10 feet from the property line along the south and west property lines in a manner that would allow the rear wall of the buildings to serve as a screening wall when placed in conjunction with a six-foot masonry fence where no building wall exists. No purging of inboard or outboard boat engines would be permitted at the site. The current requested rezoning to the "CG -2" General Commercial District is not consistent with the Comprehensive Plan or the Future Land Use Map's designation of the property for estate residential uses and may negatively impact the adjacent properties because the "CG -2" General Commercial District would allow uses such as vehicle sales and service, bars and night clubs, which would not be compatible with the adjacent residentially zoned properties. Staff finds the proposed use with special provisions for buffering, increased setbacks, and other compatibility features to be compatible with the current zoning and development patterns of the neighborhood. Staff further finds that, due to low traffic counts and generally limited activity associated with such storage use, the proposed use may be compatible with properties to the west and southwest provided certain development conditions are imposed to mitigate impacts of the development. Therefore, staff finds that Special Permit conditions coupled with standard UDC requirements for nonresidential developments adjacent to residential development will ensure that development is compatible with existing and future residential development. The applicant is in agreement with the Staff and Planning Commission recommendations. ALTERNATIVES: 1. Approve the rezoning to "RE/SP" Residential Estate District with a Special Permit on Tract 1 and approval of the "CG -2" General Commercial District on Tract 2 as recommended by Staff and Planning Commission. 2. Approve the request to "CG -2" General Commercial District for Tracts 1 and 2. (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning to the "CG -2" General Commercial District on Tract 1 is not consistent with the adopted Future Land Use Map or the Flour Bluff Area Development Plan but does further policies of the Comprehensive Plan pertaining to infill development. The Special Permit recommended by staff and Planning Commission would allow the proposed use in conformity with City plans. The rezoning of Tract 2 as proposed is consistent with City plans. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance (RE/SP and CG -2) Ordinance (CG -2) Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partership, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 29, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District and, in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility on Tract 1 and approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District on Tract 2; and on Tuesday, July 26, 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 CCSemloh Partership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District (Zoning Map No. 035032), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, Exhibit C, which is a site plan of Tracts 1 and 2, and Exhibit D, which is a map of Tracts 1 and 2, 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 for Tract 1 is subject to compliance with the setbacks and buffering elements identified in the attached site plan and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a gated, self-service storage facility for fully - enclosed boat and recreational vehicle storage. 2. Minimum Yards: The street yard setback along the northwest corner of the property abutting Compton Road shall be a minimum of 50 feet. The street yard setback along the remainder of Compton Road frontage shall be a minimum of 20 feet. 3. Buffer Yards: A 50 -foot wide buffer yard (coterminous with the street yard) and a six-foot solid wood screening fence shall be installed, maintained and remain in place on that portion of the northwest corner of the property abutting Compton Road. A 15 -foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along any side of the property abutting a residential zoning district; except that, for any area abutting a drainage ditch with a minimum of 30 feet of right-of-way the buffer yard may be comprised of a continuous masonry wall at least six feet in height, which may be comprised of a combination of the rear wall of a building and a masonry wall, set back a minimum of 10 feet from the property line. 4. Landscaping: Seventy percent of the required landscaping shall be installed, maintained, and remain in place on that portion of the northwest corner of the property abutting Compton Road where the site plan indicates a 50 -foot buffer yard 5. Architectural Elements: Buildings constructed along the west and south property lines abutting residential zoning districts shall incorporate masonry -type elements, such as but not limited to wainscoting. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of a property line abutting residential zoning districts. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed eight feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign shall face Compton Road. Ordinance_SP-CCSemloh Partnership, Ltd Page 2 of 4 8. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with all standards of the UDC for gated parking areas shall be provided between the public right-of-way and the front access gate of the storage facility. 9. Storage Space: The maximum allowable storage space for a boat or recreational vehicle storage unit shall not exceed 500 square feet in accordance with the UDC. Boat and recreational vehicle storage buildings shall be limited to one floor in height. 10.0n -site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. The repair of boats and recreational vehicles shall be prohibited. 11.Traffic Improvements: The Owner shall construct or install traffic improvements identified in the Traffic Impact Analysis submitted to the Transportation Advisory Commission for the removal of First National Boulevard from the Urban Transportation Plan. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable requirements of the UDC, Building and Fire Code. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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. Ordinance_SP-CCSemloh Partnership, Ltd Page 3 of 4 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_SP-CCSemloh Partnership, Ltd Page 4 of 4 STATE OF TEXAS COUNTY OF NUECES Tract 1 10.536 acres ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lots 6 and 11, Section 48 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 to 43 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: COMMENCING at a 5/8 inch iron rod found for the North corner of said Lot 11, Section 48, same being the common corner with Lots 12, 6 and 5 of said Section 48, same being the South corner of Flour Bluff Center as recorded in Volume 8, Page 41 of the Map Records of Nueces County, Texas; THENCE, along the Northeast boundary line of said Lot 11 and common boundary line with said Lot 6, SOUTH 60 degrees 47 minutes 41 seconds EAST 184.10 feet to a point for a North corner of this tract and the point of beginning; THENCE, NORTH 78 degrees 32 minutes 14 seconds EAST 56.88 feet to a point for the Northeast corner of this tract, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 429.97 feet to a point for the Northeast corner of this tract, the same being the common boundary line of Lot 6 and Lot 7, Section 48; THENCE, along said common boundary line of said Lot 6 and Lot 7, SOUTH 29 degrees 00 minutes 23 seconds WEST 40.00 feet to a 5/8 inch iron rod, being the South corner of said Lot 6, same being the common corner with Lots 7 and 10 of said Section 48; THENCE, along said common boundary line of said Lot 10 and Lot 11, Section 48, SOUTH 29 degrees 00 minutes 23 seconds WEST 25.00 feet to a 5/8 inch iron rod; THENCE, along said common boundary line of said Lot 10 and Lot 11, Section 48, SOUTH 29 degrees 00 minutes 23 seconds WEST 688.36 feet to a 5/8 inch iron rod set for the South corner of this tract, same lying in the Northeast boundary line of a 50 foot City of Corpus Christi drainage easement running through said Lots 11 and 10, Section 48; THENCE, along said Northeast boundary line of the 50 foot City of Corpus Christi drainage easement, NORTH 60 degrees 55 minutes 00 seconds WEST 628.01 feet to a 5/8 inch iron rod set for the West corner of this tract; THENCE, along the Northwest boundary line of this tract, NORTH 28 degrees 51 minutes 46 seconds EAST 567.19 feet to a 5/8 inch iron rod; THENCE, NORTH 28 degrees 51 minutes 46 seconds EAST 13.88 feet to a point for the Northwest corner of this tract; THENCE, NORTH 78 degrees 32 minutes 14 seconds EAST 205.26 feet to the point of beginning and containing 10.536 acres of land. EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Tract 2 0.552 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 to 43 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod in the North corner of said Lot 10, Section 48, same being the common corner with Lots 11, 6 and 7 of said Section 48; THENCE, along said common boundary line of said Lot 6 and Lot 7, NORTH 29 degrees 00 minutes 23 seconds EAST 40.00 feet to a point for the Northwest corner of this tract, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 663.05 feet to a point for the East corner of this tract; THENCE, along the Southwest boundary line of this tract, SOUTH 29 degrees 00 minute 00 seconds WEST 40.00 feet to a 5/8 inch iron rod found for the Southeast corner of this tract, same being the East corner of said Lot 10; THENCE, along the Northeast boundary line of said Lot 10, NORTH 61 degrees 10 minutes 05 seconds WEST 642.95 feet to a 5/8 inch iron rod found for an interior corner of this tract; THENCE, SOUTH 28 degrees 49 minutes 55 seconds WEST 25.00 feet to a 5/8 inch iron rod found for a Southwest corner of this tract; THENCE, NORTH 60 degrees 39 minutes 05 seconds WEST 20.18 feet to a point for the Southwest corner of this tract, same lying in the common boundary line of said Lots 10 and 11; THENCE, along said common boundary line of Lots 10 and 11, NORTH 29 degrees 00 minutes 23 seconds EAST 24.81 feet to the point of beginning and containing 27,024.5 square feet or 0.552 acres of land. EXHIBIT B (1333 OE) H0110 3DVNIV C Site Plan for CCSemloh Partnership, Ltd. COMPTON ROAD Property Line Property Line Property Line 0 -foot Buffer Yard i Wood Fence Chain link security fence Vehicle Sthcking Area (80' deep with turnaround) Acess Gate \\\ Existing Pipeline Parking Area a. a. a. a. a. a. a. a. a. a. a. a. a. Masonry Fence Existing Pipeline r DRAINAGE DITCH (50 FEET) Property Line Property Line Property Line Existing CG -2 Area (Owned by same Owner) Notes 1. Buildings range trom 35 teet wide to 90 teet wide. 2. Butter Yards along drainage ditches are 10-teet wide with a 6 -foot masonry wall fence or building wall. 3. Butter yard tence along Compton will be 6 -toot solid wood. 4. All other tences will be chain link. 5. Office will be located at north end of building at entrance. 6. Entry will be secured with 80 -toot stacking area. Property Line 10 -foot buffer yard between masonry wall and property line. Exhibit C NAS SUBJECT PROPERTY Del Oso GaYo \Q°' M,es LOCATION MAP �r�wr City of Corpus Christi CASE: 0616-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multlfamlly 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 R5-8 Single -Family 6 RS -4.5 Single -Family 4.6 RS -TF 1Wo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home EXHIBIT D Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partership, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 29, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District and, in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility on Tract 1 and approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District on Tract 2; and on Tuesday, July 26, 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 CCSemloh Partership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District (Zoning Map No. 035032), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, Exhibit C, which is a site plan of Tracts 1 and 2, and Exhibit D, which is a map of Tracts 1 and 2, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tract 1 of the Property for commercial land uses. 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 Tract 1 of the Property for commercial land uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. @BCL@EC05E1 CO 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 @BCL@EC05E1 CO Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0616-05 HTE No. 16-10000015 Planning Commission Hearing Date: June 29, 2016 Applicant & Legal Description Applicant/Owner: CCSemloh Partnership, Ltd. Representative: John Bell Legal Description/Location: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. Zoning Request From: "RE" Residential Estate District and "CG -1" General Commercial District To: "CG -2" General Commercial District Area: 11.088 acres Purpose of Request: To allow construction of an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1 and general commercial uses on Tract 2. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Estate Residential North "CG -1" General Commercial and "CG- 1/SP" General Commercial with a Special Permit Public/Semi-Public, Commercial and Vacant Public/Semi-Public and Commercial South "RE" Residential Estate Vacant Drainage Ditch and Estate Residential East "CG -2" General Commercial Vacant Commercial West "RE" Residential Estate Vacant and Drainage Ditch Estate Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for estate residential. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Map or the Flour Bluff Area Development Plan but does further policies of the Comprehensive Plan pertaining to infill development. Map No.: 035032 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 700 feet of street frontage along Compton Road, which the Urban Transportation Plan designates as a "01" Minor Residential Collector street. The maximum desirable average daily trips (ADT) for a designated "01" is 1,000 to 3,000 daily trips. The subject property is located on the south side of Compton Road approximately 1,250 feet west of Waldron Road, which is designated as an "A2" Secondary Arterial Divided street, with a maximum ADT of 20,000 to 32,000 daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Compton Road "01" Minor Residential Collector 60' ROW 40' paved 55' & 80' ROW 20' & 65' paved N/A Waldron Road "A2" Secondary Arterial Divided 100' ROW 54' paved 115' ROW 65' paved 15,938 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District to allow construction of an enclosed boat and recreational vehicle (RV) storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. Tract 2 is a narrow remnant strip of land and the applicant is requesting the rezoning of Tract 2 so that it matches the zoning of his adjacent property to the south. Development Plan: The owner is proposing to develop Tract 1 with multiple structures to be used for the storage of boats and RVs. As shown on the attached site plan, the development will consist of six storage buildings that vary in size. A larger street yard setback of 50 feet is proposed along the northwest corner of the property abutting Compton Road and the required yard of 20 feet is shown along the remainder of the Compton Road frontage. A Type C buffer, which consists of a 15 -foot wide buffer yard and 15 buffer points, would be required along the south and west property boundaries. The property owner is proposing to position buildings 10 feet from the property line, along the south and west property lines in a manner that would allow the rear wall of the buildings to serve as a screen wall when placed in conjunction with a six foot masonry fence where no building wall exists. Per the Unified Development Code (UDC), no purging of inboard or outboard boat engines would be permitted at the site. Existing Land Uses & Zoning: The subject property is vacant and zoned "RE" Residential Estate District. North of the subject property, across Compton Road, is Planning Commission Final Report Page 3 zoned "CG -2" General Commercial and consists of "Gulf Coast Marine", owned by the applicant, and Nueces County offices. Also to the north in the "CG-1/SP" General Commercial District with a Special Permit is "Bruno's Bath House Dog Spaw and Resort". The property to the south and west is zoned "RE" Residential Estate and to the east is zoned "CG -2" General Commercial, all of which are vacant. Bordering the west and south boundaries of the subject property are drainage ditches. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Flour Bluff ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential uses, however, the rezoning may further other policies of the Comprehensive Plan. Policies that warrant consideration in reviewing this rezoning include the following: 1. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods (Commercial Policy Statement D). 2. Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan Residential Policy Statement H) 3. Incompatible industrial and commercial land uses should not abut 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) 4. Commercial uses adjacent to existing or proposed residential areas should be buffered or use sensitive in design. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement C.) 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. Transportation: In April of 2016, the City Council voted to amend the Urban Transportation Plan Map of Mobility CC and deleted the extension of First National Boulevard (planned to extend from Compton Boulevard south through the subject property) pursuant to a recommendation from Development Services Department and the Transportation Advisory Commission (TAC). The plan amendment was requested by Gulf Coast Marine. Specifically, Gulf Coast Marine contended the particular segment of First National Boulevard was not required to preserve orderly traffic flow in the area and that elimination of the segment would not create an adverse impact on traffic. Gulf Coast Marine contracted Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) to conduct a Traffic Impact Analysis (TIA) to support their request. Trip generation data concluded that the proposed boat storage is expected to generate six (6) AM and ten (10) PM peak hour trips. The City of Corpus Christi's Unified Development Code requires new and existing intersections to function at a Level of Service (LOS) of "D" or better. Findings of the TIA were that intersections analyzed were functioning at a LOS D or better except for the stop - controlled intersections on Graham Road at Flour Bluff Drive and on Graham Road at Planning Commission Final Report Page 4 Waldron Road. Both intersections currently function at a LOS E and are projected to remain at a LOS E. Based on the TIA, the TAC recommended safety improvements in the area that the developer of the boat and RV storage will need to complete pursuant to approved public improvement construction plans. Specifically, Gulf Coast Marine will be required to install safety enhancements which affect the safety of motorists entering and existing the boat storage facility along Compton Road. Safety improvements recommended for installation include but are not limited to striping and signage installations along Compton Road and First National Boulevard and modifications to the median along Compton Road. Department Comments: • The applicant applied for this rezoning in March 2014, and the Planning Commission recommended denial of the rezoning. Additionally, an adjacent residential property owner was opposed to the boat and RV storage facility as proposed at that time. • After withdrawing his application, the applicant rezoned his land farther to the east to the "CG -2" General Commercial District to allow the boat and RV storage use. • The current requested rezoning to the "CG -2" General Commercial District is not consistent with the Comprehensive Plan or the Future Land Use Plan's designation of the property for estate residential uses. • The proposed rezoning to "CG -2" General Commercial may negatively impact the adjacent properties' future development of estate residential uses. • A "CG -2" General Commercial District would allow for uses such as vehicle sales and service and bars and night clubs which would not be compatible with the adjacent residentially zoned properties. • Staff finds the proposed use with special provisions for buffering, increased setbacks, and other compatibility features to be compatible with the current zoning and development patterns of the abutting properties to the north and east. Staff further finds that, due to low traffic counts and generally limited activity associated with such storage use, the proposed use may be compatible with properties to the west and southwest provided certain development conditions are imposed to mitigate impacts of the development. • Development conditions for a boat and RV storage facility can be applied via a Special Permit. • Special Permit conditions coupled with standard UDC requirements for nonresidential developments adjacent to residential development will ensure that development is compatible with existing and future residential development. Planning Commission Final Report Page 5 Planning Commission and Staff Recommendation: Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the attached site plan and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a gated, self-service storage facility for fully - enclosed boat and recreational vehicle storage. 2. Minimum Yards: The street yard setback along the northwest corner of the property abutting Compton Road shall be a minimum of 50 feet. The street yard setback along the remainder of Compton Road frontage shall be a minimum of 20 feet. 3. Buffer Yards: A 50 -foot wide buffer yard (coterminous with the street yard) and a six-foot solid wood screening fence shall be installed, maintained and remain in place on that portion of the northwest corner of the property abutting Compton Road. A 15 -foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along any side of the property abutting a residential zoning district; except that, for any area abutting a drainage ditch with a minimum of 30 feet of right-of-way the buffer yard may be comprised of a continuous masonry wall at least six feet in height, which may be comprised of a combination of the rear wall of a building and a masonry wall, set back a minimum of 10 feet from the property line. 4. Landscaping: Seventy percent of the required landscaping shall be installed, maintained, and remain in place on that portion of the northwest corner of the property abutting Compton Road where the site plan indicates a 50 -foot buffer yard. 5. Architectural Elements: Buildings constructed along the west and south property lines abutting residential zoning districts shall incorporate masonry -type elements, such as but not limited to wainscoting. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of a property line abutting residential zoning districts. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed eight feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign shall face Compton Road. 8. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with all standards of the UDC for gated parking areas shall be provided between the public right-of-way and the front access gate of the storage facility. 9. Storage Space: The maximum allowable storage space for a boat or recreational vehicle storage unit shall not exceed 500 square feet in accordance with the UDC. Boat and recreational vehicle storage shall be limited to one floor in height. 10.On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. The repair of boats and recreational vehicles shall be prohibited. Planning Commission Final Report Page 6 11.Traffic Improvements: The Owner shall construct or install traffic improvements identified in the Traffic Impact Analysis submitted to the Transportation Advisory Commission for the removal of First National Boulevard from the Urban Transportation Plan. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable requirements of the UDC, Building and Fire Code. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Public Notification Number of Notices Mailed — 22 within 200 -foot notification area 1 outside notification area As of July 1, 2016: In Favor — 3 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0616-05 CCSemloh Partnership, Ltd\Council Documents\CC ZONING REPORT_w changes.docx NAS SUBJECT PROPERTY Cayo Del Oso yv� NO44 11/4" v `Fq LOCATION MAP YIN City of Corpus Christi CASE: 0616-05 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition (1333 OE) H0110 3DVNIV C Site Plan for CCSemloh Partnership, Ltd. COMPTON ROAD Property Line Property Line Property Line 0 -foot Buffer Yard i Wood Fence Chain link security fence Vehicle Sthcking Area (80' deep with turnaround) Acess Gate \\\ Existing Pipeline Parking Area a. a. a. a. a. a. a. a. a. a. a. a. a. Masonry Fence Existing Pipeline r DRAINAGE DITCH (50 FEET) Property Line Property Line Property Line Existing CG -2 Area (Owned by same Owner) Notes 1. Buildings range trom 35 teet wide to 90 teet wide. 2. Butter Yards along drainage ditches are 10-teet wide with a 6 -foot masonry wall fence or building wall. 3. Butter yard tence along Compton will be 6 -toot solid wood. 4. All other tences will be chain link. 5. Office will be located at north end of building at entrance. 6. Entry will be secured with 80 -toot stacking area. Property Line 10 -foot buffer yard between masonry wall and property line. „,mo,,, Cy,�, 4r�` r --... ;'`-- Y ; , 7asz Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION i .: mt ,' ,, V .,, r=' ?' .. Case No.: 0615-05 Map No.: 035032 PC Hearing Date: June 29, 2016 Proj.Mgr: Dolores Wand Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 o.m: . A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant CCSemloh Partnership, Ltd. Contact Person : John Bell Mailing Address. c/o 615 N. Upper Broadway, Suite 1100 City: Corpus Christi E-mailCell: State: TX ZIP: Phone Phone 3( 61 1888-9201 ( 361 ) 877-8393 2. Property owner(s). CCSemioh Partnership, Ltd. Contact Person : Billy Holmes Mailing Address: P. O. Box 18328 City. Corpus Christi State: TX ZiP:78480 Phone: (361 ) 937-7800 ext 12 E-mai Celt ( ) 3. Subject Property Address. n/a Area of Request (SFlacres) 10.67 acres Current Zoning & Use RE - vacant Proposed Zoning & Use: CG -2 12 -Digit Nueces CauntyTax ID: 2476 _- 0048 __ 1000 _ (see attached additional acct) Subdivision Name FB Encinal Farm & Garden Tracts Block: 48 Lot(s): 10 & 11 Legal Description if not platted: also parts of Lot B-4 and C, Laguna Business Center) 4. Submittal Requirements' ❑■ Early Assistance Meeting. ID Land Use Statement IF APPLICABLE [Er Peak Hour Trip Form (if request !'Metes & Bounds Description with E'Appointment of Agent Form if Date Held 2-3-2016 ; with City Staff Dolores Wood ❑ Disclosure of Interest 0 Copy of Warranty Deed is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization landowner is not signing this form I certify th I hay vided th o Corpu Christi with a complete application for r:. ip tha - m auth o in' ate this rezoning or half he Property Owner(s); and the info • . � 'n provers accu ie. Owner or Agents Sig(iature Applicant's Signature 13;!Ir HvIw►rS it1(, W Imes Owner or Agent' Printed Name Applicant's Printed Name Office Use Only Date Received: ' ” UI - I (0ReceivedBy: 7 ice ADP: FB Rezoning Fee: Y( t/� 7 .� + PUD Fee + Sign Fee , ? OC) = Total Fee f / 941‹.2150 No. Signs Required 1,, § $101sign Sign Posting Date: K1DEVELOPMENTSVCS'SHARED\LAND DEVELOPIIENPA LICA -ICN FORDS REZC:NINia12JN NG APPLICATION 2015. DOC Farm Revised 511212015 ATTACHMENT TO REZONING APPLICATION APPICANT: CCSemloh Partnership, Ltd. Additional Tax Accounts of Property: 4105-0005-0000 Laguna Business Center, Block C (portion) 4105-0004-0002 Laguna Business Center, Block B-4 (portion) 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 buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The property currently is vacant. The intended use of the property is for enclosed boat, RV and other storage units within a secured area. All accommodations will be made to properly screen the property from the adjacent residential uses. The facility will be served by a single driveway on Compton Road. As provided in the Code, development of the property will include a buffer yard and lighting shall be shielded to eliminate any intrusion into any nearby residential areas. 2. Identify the existing land uses adjoining the area of request: North CG -1 South - RE East - CG -2 West - RE CSUSERSSTANYAR,0001DESKTOP4OAJLY USEANNIKALAND USE STATEMENT FOR ZONING.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: John D. Bell Mailing Address: cio 615 N. Upper Broadway, Suite 1100 City: Corpus Christi State: TX Zip: 78401 Home Phone: ( 361 949-7178 Business Phone: ( 361 ) 888-9201 Cell: ( 361 )877-8393 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the Iegal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is ref =�_ . the entity. *Signature of Agent: Title: Attorney Printed/Typed Name of Ag t• D. Bell Date: Z " Y John *Signature of Property Owner: Title: Partner Printed/Typed Name of Property Owner _Billy Holmes Date:S i . _»i6 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *App`ication must be signed by t:,e individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W. Brown APPOINTNMENT OF AGENT2-19-09.doc DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: CCSemloh Partnership, Ltd. STREET: PO Box 18328 CITY: Corpus Christi yip: 78480 FIRM is:OCorporation @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 none Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name Title none 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name Board Commission, or Committee none 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 31/4 or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested. and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Billy Holmes (Print Name) Signature of Certifying Person: Title: Partner Date: 1 K SDEVELOPMENTSVCSISHAREDLAND OEVELOPMENPAPPUCATION FORmsARE2ONINGOISCLOSURE OF INTERESTS STATEMENT 5.12.2015.000 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, aue tienen la intenci6n de asistir a esta junta v aue reauieren servicios esoeciales, se les suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su inales es limitado, favor de hamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar I un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-05 ry 3 Z016 j DEVE=L( � E.FiVIw,E.S 1 hha CCSemloh Partnership, Ltd. has petitioned the City of Corpus Christi to consider a Cng oning-fr s ' RE�' Residential Estate District and "CG -1" General Commercial District to the "CG -2" (eriei=aFCommercial District. The applicant proposes to construct an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. The subject property is located on the south side of Compton Road approximately 1,250 west of Waldron Road at the intersection of First National Boulevard. The property to be rezoned is described as: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts. Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts. 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, June 29, 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: 13c4 V C( trcit Ho Address: Dd !!t c-] City/State: C C- T () IN FAVOR ( ) IN OPPOSITION Phone: i ' g13-337 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 22 HTE# 16-10000015 /43C6,0/ - Signature -Signature Case No. 0616-05 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, due tienen la intencion de asistir a este junta y que requieren servicios especiales,_se lessuplica clue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su irides es limitedo. favor de (lamer al de.artamento de servicios de desarrollo al ntimero 361 826-3240 al menos 48 horas antes de la junta para solicit r un interprete ser presente durante la junta. rP ■Ti1 CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-05 JUN 2 3 2016 DEVELC4�MEIJT SERVICES SPECIAL. SERA CCSemloh Partnership, Ltd. has petitioned the City of Corpus Christi to consider a ch aorct�iingTrom the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The applicant proposes to construct an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. The subject property is located on the south side of Compton Road approximately 1,250 west of Waldron Road at the intersection of First National Boulevard. The property to be rezoned is described as: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts. Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts. 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. June 29, 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: to 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: B( 1 ly Address: 10 1 1 , c.A✓-t ic.‘,-4144/, City/State: CL ) IN OPPOSITION Phone:, 5f S, - - SO REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 12 HTE# 16-10000015 Case No. 0616-05 Project Manager: Dolores Wood I Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, nue tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suolica que den aviso 48 horas antes de la junta liamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. if you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado, favor de llamas aL departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hors s de la junta para s un interprets ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-05 JUN 27 201ii DEVELOPMENT SERVLLES SPECIAL SERVILES CCSemloh Partnership, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The applicant proposes to construct an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. The subject property is located on the south side of Compton Road approximately 1,250 west of Waldron Road at the intersection of First National Boulevard. The property to be rezoned is described as: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts. Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts. 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, June 29, 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: VI 11, \ .H r t 1 'j" IV") J� 1 fitT Address: 1 1 1 I- V s t ! J lt1 UL�t 'City/State: C-‘ 1 } IN FAVOR ( ) IN OPPOSITION Phone: 3 - )3-3/10S REASON: SEE MAP ON REVERSE)51DE Properly Owner ID: 5 HTE# 16-10000015 4/4 --ft /71„ei,„ Signature Case No 0616-05 Project Manager: Dolores Wood Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 5, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1322 Rhew Road CAPTION: Case No. 0616-06 Isaias Franco: A change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. Tract 1 is described as a 4.00 -acre tract and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of a temporary concrete batch plant on Tract 1 and future light industrial uses on Tract 2. RECOMMENDATION: Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust shall be controlled at both the operation of the batch plant and at the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. Lighting shall not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed in accordance with the UDC. 5. Screening and Buffering: Screening and buffering shall be required in accordance with the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Hours of Operation: Operations of the concrete batch plant are limited between 6:00 A.M. and 6:00 P.M. 8. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. 9. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. Tract 2: Approval of the "IL" Light Industrial District. Vote Results: For: 8 Opposed: 0 Abstained: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to allow construction of a temporary concrete batch plant on Tract 1 and future light industrial uses on Tract 2. The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant and the "IL" Light Industrial District is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Map's designation of the property as light industrial. UDC Section 5.1.5.E. Heavy Industrial Uses classifies concrete batch plants as a heavy industrial use, and Table 4.6.2 Permitted Uses (Industrial districts) permits Heavy Industrial Uses in the "IL" Light Industrial District with a Special Permit. Allowing the proposed heavy industrial use by Special Permit is appropriate at this location given the industrial zoning and uses of the surrounding area and the planned industrial uses in the Future Land Use Map. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. Permits from The Texas Commission on Environmental Quality (TCEQ) will ensure operations are conducted in an environmentally sound manner. Airport operations are protected through the Special Permit conditions on time limit, dust, and lighting. The use of the land permitted through a Special Permit can be subject to a time limit to allow future review of the use and to ensure its compatibility with the neighborhood. The applicant is in agreement with the Staff and Planning Commission recommendation. ALTERNATIVES: 1. Deny the request. 2. Modify the Special Permit Conditions 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 is consistent with the Port/Airport/Violet ADP and the adopted Future Land Use Map's designation of the property as light industrial uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Isaias Franco ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00 -acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003 -acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018; 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 Isaias Franco ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 29, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant on Tract 1 and to the "IL" Light Industrial District on Tract 2; and on Tuesday, July 26, 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 Isaias Franco ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00 -acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003 -acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018 (Zoning Map No. 056045), as shown in Exhibits "A", "B", "C", and "D". Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, Exhibit C, which is a map of Tracts 1 and 2, and Exhibit D, which is a site plan of Tract 1, 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 complying with the following conditions: Page 1 of 3 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust shall be controlled at both the operation of the batch plant and at the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. Lighting shall not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed in accordance with the UDC. 5. Screening and Buffering: Screening and buffering shall be required in accordance with the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Hours of Operation: Operations of the concrete batch plant are limited between 6:00 A.M. and 6:00 P.M. 8. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. 9. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 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. Page 2 of 3 SECTION 7. 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 K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0616-06 Isaias Franco\Council Documents\Ordinance_SP-Isaias Franco.docx Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Tract 1 Field Notes of a 4.000 acre tract being out of the 24.62 acre Kirchberg tract as described in a deed recorded in Document No. 900502, Deed Records Nueces County, Texas. Said 4.000 acre tract also being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. Said 4.000 acre tract being more particularly described as follows: COMMENCING at a found 5/8" iron rod in the east right of way of Rhew Road, for the southwest corner of Lot 18, Rhew Industria! Tracts Unit 1, Volume 67, Page 174, Map Records Nueces County, Texas, in the common line of said Lot 18 and the 80 foot detention basin as described in a deed recorded in Document No. 2008030157, Deed Records Nueces County, Texas, from WHENCE a found 5/8" iron rod in the east right of way of Rhew Road, for the northwest corner of Lot 1, and for the southwest corner of the Geo Worthley tract as described in a deed recorded in Volume 2261, Page 651, Deed Records Nueces County, Texas, bears North 01°27'16" West, a distance of 2,084.26 feet. THENCE South 88°32'44" West, a distance of 5.00 feet to a point in the east right of way of Rhew Road, and for the lower northwest corner of said 80 foot detention basin. THENCE with the east right of way Rhew Road, South 01°27'16" East, a distance of 130.00 feet to the southwest comer of the Isaias FrancoTract 11 being 15.85 acres as described in a deed recorded in Document No. 20I3050881, Deed Records Nueces County, Texas, for the northwest corner of this survey, and for the POINT OF BEGINNING. THENCE with the south line of said Isaias FrancoTract 11, North 88°32'44" East, at a distance of 5.00 feet pass a found 5/8" iron rod as an offset in the south line of said Isaias Franco Tract 11, and in all a total distance of 460.00 feet to a set 5/8" iron rod in the south Iine of said Tract II and for the northeast corner of this survey. THENCE South 01°27'16" East, a distance of 378.78 feet to a set 5/8" iron rod for the southeast corner of this survey. THENCE South 88°32'44" West, a distance of 460.00 feet to a set 5/8" iron rod in the east right of way of Rhew Road, and for the southwest corner of this survey. THENCE with the east right of way of Rhew Road, North 01°27'16" West, a distance of 378.78 feet to the POINT OF BEGINNING, and containing 4.000 acres of land, more or less. Notes: I.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" iron rod = iron rod set with yellow plastic cap Labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day December 4, 2015 and is correct to the best of my knowledge and belief. anaa2e.xliabr.. Ronald E. Brister, RPLS No. 5407 Date: December 9, 2015. Job No. 151950 Exhibit A Tract 2 Field Note Description 25.003 Acre Tract Being a tract situated in Nueces County, Texas, portions of the Anthony C. Page Survey 591, Abstract 1010 and the A.M French Survey 312, Abstract 1018 and being a portion of that 150 acre tract conveyed to J.B Hunter by R.L. Schoaf as described in the deed dated April 18, 1902 and recorded in Volume 9, Page 255, Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a cotton spindle set in the centerline of Rhew Road, in the east line of a 69.265 acre tract surveyed by Brister Surveying on January 6, 2014, for the northwest corner of the Bell Property Management, LTD 30 acre tract as described in a deed recorded in Document No. 2010036147, Deed Records Nueces County, Texas, and for the southwest corner of this survey, from WHENCE a 60d nail found in the intersection of Rhew Road and Sedwick Road bears South 01° 27' 30" East, a distance of 994.21 feet; THENCE with the centerline of Rhew Road, North 01° 27' 30" West, a distance of 538.70 feet to a point in the east line of said 69.265 acre tract and for the northwest corner of this survey; THENCE North 88° 32' 44" East, a distance of 460.00 feet, at a distance of 30 feet past a 5/8" iron rod found in the east line of Rhew Road to the interior northwest corner of this survey; THENCE North 01° 27' 16" West 378.78 feet to the northwest corner of this survey; THENCE North 88° 33' 56" East, a distance of 904.23 feet to a 5/8" iron rod found in the west line of the Isaac Franco 20 acre tract as described is a deed recorded in Document No. 2012013727, Deed Records Nueces County, Texas, for the southeast corner of said 15.845 acre tract, and for the northeast corner of this survey, from WHENCE the southeast corner of the Eleanor Tract Subdivision Tract 1 as shown on a plat recorded in Volume 34, Page 36 of the Map Records Nueces County, Texas bears North 01° 37' 54" East, a distance of 1,496.45 feet; THENCE with the west line of said 20 acre tract, South 01° 37' 54" East, a distance of 932.76, for the southeast corner of this tract, WHENCE a 2" iron pipe found in the north right of way of Sedwick Road bears South 01° 37' 54" East, a distance of 956.17 feet; THENCE with the south line of this tract and the north line of said 30 acre tract, South 89° 12' 21" West, at a distance 30 feet past the east line of Rhew Road, a total distance of 1367.14 feet to the center of Rhew Road to the point of beginning of this tract containing 25.003 acres. Exhibit B IL 0 h ti JL RMH IL SP/15-01 400 800 Feet IL IL Datt: Created: 6/14/2016 Prepared By: JeremyM Department of D; elopment Services CASE: 0616-06 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home UP `. R/�iFR�f <-Fon qRO SUBJECT PROPERTY o°• HWY 4... LOCATION MAP AGNES City of Corpus Christi Exhibit C Site Plan Vacant Land NorthL electrical overhead RHEW ROAD (Paved) -' 8"sewer line_ i -_.--- ----- ------ /37$.'8 ---- I 25' Setback t I Storage t I 1 Truck Loading Agregate Bin H2O Bin, Feed Bins/ Conveyers L Lj ]I 10" WL Tk Dot 247 Base IPar''iiIIIIhi king Flo I 1 11 _ ParkIntgTIT ,Cement Storage Tx Dot 247 Base' ` I -3/37 L3/37S Zone RMH Existing Proposed iLZone/SP Permit FH 1 FOUR ACRE SITE PLAN PROPOSED PORTABLE CONCRETf=` .00.5Stn6t?Av.* SCALE 1" - 100' Exhibit D BO' Drainage Basin electrl'gd overhead •'o---•-mfr------�- 8" sewer ilne FH Exist 25' Setback, -D-i L 7_ I/ PLANNING COMMISSION REPORT Case No. 0616-06 HTE No. 16-10000014 Planning Commission Hearing Date: June 29, 2016 Applicant & Legal Description Applicant/Owner: Isaias Franco Legal Description/Location: Tract 1 is described as a 4.00 -acre tract and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. Zoning Request From: "R -MH" Manufactured Home To: "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. Area: 29.003 acres Purpose of Request: To allow construction of a temporary concrete batch plant on Tract 1 and future light industrial uses on Tract 2. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "R -MH" Manufactured Home Vacant Light Industrial North "IL/SP" Light Industrial with a Special Permit for Resource Extraction Vacant "IL/SP" Light South "IL" Light Industrial Vacant Light Industrial East "IL/SP" Light Industrial with a Special Permit for Resource Extraction Vacant Light Industrial West "IL" Light Industrial Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet (PAV) Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2 is consistent with the adopted Future Land Use Map and the PAV Area Development Plan. Map No.: 056045 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: Tract 1 has approximately 375 feet of street frontage along Rhew Road and Tract 2 has approximately 525 feet of frontage on Rhew Road. The Urban Transportation Plan designates Rhew Road as a proposed "C3" Primary Collector street. The maximum desirable average daily trips (ADT) for a designated "C3" is 4,000 to 8,500 daily trips. The subject property is located on the east side of Rhew Road approximately 1,000 feet north of Sedwick Road and 2,700 feet south of Leopard Street. Sedwick Road is designated as a proposed "Al" Minor Arterial Undivided street with a maximum ADT of 15,000 to 24,000 daily trips. Leopard Street is an existing "A2" Secondary Arterial Divided with a maximum ADT of 20,000 to 32,000 daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rhew Road "C3" Primary Collector 75' ROW 50' paved 60' ROW 20' paved N/A Sedwick Road "Al" Minor Arterial Undivided 95' ROW 64' paved 60' ROW 23' paved N/A Leopard Street "A2" Secondary Arterial Divided 100' ROW 54' paved 150' ROW 32 — 38 paved 2012 W 3,807 E 4,251 Staff Summary: Requested Zoning: Tract 1: The applicant is requesting a rezoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 to allow construction of a temporary concrete batching plant. A concrete batching plant is classified in the Unified Development Code (UDC) as "Minerals and Earths: quarrying, extracting, grinding, crushing, and processing," which is a "heavy industrial use." Heavy Industrial uses are allowed in the "IL" Light Industrial District only through a Special Permit. Tract 2: The applicant is also requesting a rezoning from the "R -MH" Manufactured Home District to the "IL" Light Industrial District on Tract 2 for undetermined future light industrial uses. Development Plan: Tract 1: The applicant proposes to operate a concrete batch plant on Tract 1, which is four acres is area. The amount of concrete expected to be produced in an eight-hour day is no more than 600 cubic yards with a total of 50 truck trips per day. Tract 2: Tract 2 totals approximately 25 acres in area. The applicant does not have plans for development of Tract 2 at this time. The applicant also owns approximately 32 acres zoned "IL" Light Industrial District immediately to the north and to the east of the subject property, where he currently operates a resource extraction business. The purpose of rezoning Tract 2 to the "IL" Light Industrial District is to eliminate the Planning Commission Final Report Page 3 residential zoning district, "R -MH" Manufactured Home District. Rezoning Tract 2 to the "IL" Light Industrial District would prevent incompatible uses, i.e. residential uses, from developing in an industrial area. Existing Land Uses & Zoning: The subject property is zoned "R -MH" Manufactured Home District and is vacant. North of the subject property is zoned "IL/SP" Light Industrial with a Special Permit for Resource Extraction, which is owned and operated by the applicant Isaias Franco, and also to the north are industrial lots zoned "IL" Light Industrial District. Many of these industrial lots are industrial yards. The property to the south and west is vacant and is zoned "IL" Light Industrial District. To the east is land zoned "IL/SP" Light Industrial with a Special Permit for Resource Extraction, which is owned and operated by the applicant, Isaias Franco. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Plan's designation of the property as light industrial. The Unified Development Code: The UDC Table 4.6.2 Permitted Uses (Industrial districts) permits Heavy Industrial Uses with a Special Permit. UDC Section 5.1.5.E. Heavy Industrial Uses classifies concrete batch plants as a heavy industrial use. Unified Development Code Special Permit Review Criteria: The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are as follows: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses permitted. 6. The use does conform in all other respect to regulations and standards in this Unified Development Code. 7. The development provides ample off-street parking and loading facilities. 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. Planning Commission Final Report Page 4 Department Comments: 1. A concrete batch plant is a heavy industrial use that the Unified Development Code allows in the "IL" Light Industrial District by Special Permit. A Special Permit is subject to limitations as deemed appropriate by the City Council. The Special Permit option provides a means for developing certain uses in a manner in which the use will be compatible with adjacent property and consistent with the character of the neighborhood. 2. Allowing the proposed heavy industrial use by Special Permit is appropriate at this location given the industrial zoning and uses of the surrounding area and the planned industrial uses in the Future Land Use Plan. 3. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. 4. The proposed use will meet a demand that exists from various construction projects throughout the City. 5. Permits from The Texas Commission on Environmental Quality (TCEQ) will ensure operations are conducted in an environmentally sound manner. 6. The site plan submitted is consistent with the criteria set forth in the Unified Development Code. 7. Airport operations are protected through the Special Permit conditions on time limit, dust, and lighting. 8. The use of the land permitted through a Special Permit can be subject to a time limit to allow future review of the use and to ensure its compatibility with the neighborhood. Planning Commission and Staff Recommendation: Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust shall be controlled at both the operation of the batch plant and at the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. Lighting shall not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed in accordance with the UDC. 5. Screening and Buffering: Screening and buffering shall be required in accordance with the UDC. Planning Commission Final Report Page 5 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Hours of Operation: Operations of the concrete batch plant are limited between 6:00 A.M. and 6:00 P.M. 8. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. 9. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. Tract 2: Approval of the "IL" Light Industrial District. Vote Results For: 8 Against: 0 Absent: 1 Public Notification Number of Notices Mailed — 4 within 200 -foot notification area 1 outside notification area As of July 1, 2016: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 25.70% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan for Tract 1 3. Airport Hazard Map 4. Application 5. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0616-06 Isaias Franco\Council Documents\CC REPORT_w revisions.docx IL 0 4 a • `41 JL ti IL SP/15-01 1 oc W 3 6 400 800 Feet IL IL Datt: Created: 6/14/2016 Prepared By: JeremyM Department of D; elopment Services CASE: 0616-06 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition UP `. R/tiFR�f SUBJECT PROPERTY 0 HWY 4... LOCATION MAP AGNES City of Corpus Christi Length �Diisstance Bearing 3 11 _r .79 N 01 degrees 27' 16" W L2 1-t60, CO S 88 degrees 32' 44"W 13 '78,78 5 91 degrees 27' 16"W L4 00.00 N 91 degrees32' 44"E Project: Case # 16-10000014 Special Permit for a Concrete Processing Plant -- Isaias Franco The applicant proposes a change of zoning from "RMH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit for a concreprocessing plant and temporary buildings. Vacant Land Northl electrical overhead RHEW ROAD (Paved) -' 8"sewer line_ i r_..-- I--25'setback____ ---- ---- Storage Truck Loading Agregate Bin H2O Bin, Feed Bins/ Conveyers L Lj 1 11 ,Cement Storage ]I 10" WL Tk Dot 247 Base IjParl"l111Ihi king Flo L3/37 S Zone RMH Existing Proposed iLZone/SP Permit Tx Dot 247 Base' 0 w I FH l FOUR ACRE SITE PLAN PROPOSED PORTABLE CONCRETf=` .00 5Sln6t?Av.* SCALE 1" - 100' BO' Drainage Basin electred overhead •'o---•-mfr------�— 8" sewer line FH Exist 25' Setback, -D - i LJ_ 7_ 1 16-10000014 _pu$ eye r', --"---.5‹ , .1. a T852 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.: 0616-06 Map No.: 0560 5- PC Hearing Date: June 29, 2016 Proj.Mgr: Priscilla Hearing Location: City Hall. Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. TRC Date: May 12, 2016 * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: -TS Pt 14.--5, -A -v1 c_t0 Contact Person : Sr-- t -Z Mailing Address: `1 SSS --t�C 0 City: Cp02C S �1'O—MA-1 61 ) S 10- 2,2ec2 Stater , ZIP: Phone: ( 361 E-mail: _ CeII: ( ) 2. Property Owner(s): i7,x)i-1�� -i.)C O Contact Person : Mailing Address: -7 SFS �* r City: CO 5 CSA 0--(0-1 State:_ 1 x- ZIP: 7S401 Phone: ( 2D 1 )So- 2 -TS E-mail: Cell: ( ) 3. Subject Property Address: l'2)22.'ZtATi 2 Ca -C1 u Area of Request (SF/acres): 1/4-41!')11-to41 ' fc5: Proposed Zoning & Use: 7,1_1 SS - [, eti- ►rt 14.174— Current Zoning & Use; i0 1\r -\nn 12 -Digit Nueces County Tax ID: Subdivision Name: ++ l Q. V 2- �� - l,L� v3 Block: Lot(s): Legal Description if not platted: hs _ . ''01 'lib_ , # ll 1 .r5 C.. p 4. Submittal Requirements: Date Held Qisclosure is inconsistent with exhibit landowner ; with City Staff • Early Assistance Meeting: 'and Use Statement IF APPLICABLE: of Interest Copy of Warranty Deed with Future Land Use Plan) Site Plan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization is not signing this form • Peak Hour Trip Form (if request . etes & Bounds Description ■ Appointment of Agent Form if I certi that I have provided the City of Corpus as or on behalf of —• Christi with a complete application for review; that I am authorized to initiate this rezoning the Property Owner(s): and t -` • - • - . rovided is accurate. • - or A • - , ' - ignature `--15 A—c,.. \--0--/3't"--c-40 Applicant's Sig tore Owner or Agent's Printed Name Applicant's Printed Name / Office Use Only: Date Received: "- l fO Received By: A ADP: �I . V Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10 00 = Total Fee 1702.50 No. Signs Required 1 @ $10/sign Sign Posting Date: K IDEVELOPMENTSVCSISHAREDIAND DEVELOPMENTIAPPLICATION FORMSIREZDNINGIZONING 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. 4" k_ 0/..Pre.-_ Cep Co CNC -4-6540 a Li A. `�`~ i ) --1 �- �{ S a is VRE6C1 A # � CRE-' "6j o _ Identify the existing land uses adjoining the area of request: North - �`.— �.. ► ,a� �� South - East - Loci`v^ k -0A�l?�S West - VAGAVr-V,A-reiyA . C IUSERSITANYAR 0004DESKTOPIDAILY USE1ANNIKA5LAN0 USE STATEMENT FOR ZONING DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: �a,Gp-1, t 2 v C_rO STREET: ,963 17. CITY: o ZIP: x7$3 30 FIRM is: O Corporation O Partnership O Sole Owner O Association O Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 J Pr- 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name { Board, Commission, or Committee `1!F! p� 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested. and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: (lirS i -t I9 Q Title: rint Name) Signature of Certifying Person: Date: K .DEV ELOPMENTSVCS+S NARED',LAND DEVELOENTIAS4REZONINGIDISCLOSIJRE OF INTERESTS STATEMENT_5 12 2015 DOC Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadess ague tienen la intencion de asistir a este junta y aue reauieren servicios especiales. se les suplica que den aviso 48 horas antes de la iunta Ilamando al deoartamento de servicios de desarrollo. al numero (361 ) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su irides es lim• —favor de_-lamar al departamento de servicios de desarrollo al ntimera_(361 ) 826-3240 al menos 48 horas antes junta -Para soliciter un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-06 JUN 27 2016 LDEVELOPMENT SERVICE; SPECIAL SERVICES Isaias Franco has petitioned the City of Corpus Christi to consider a change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Tract 1 is described as a 4.00 -acre and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. 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, June 29, 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: ( ) IN FAVOR (141N OPPOSITION Phone: REASON:• C'' 'P '✓� koeD SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 16-10000014 25.69% nature Case No. 0616-06 Planner_ 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 intencion de asistir a esta junta v clue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inciles es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-06 Isaias Franco has petitioned the City of Corpus Christi to consider a change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Tract 1 is described as a 4.00 -acre and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. 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, June 29, 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: I -5Q; airtC J Address: 2) �<-4 - City/State: / i q 69 e y - ( N FAVOR ( ) IN OPPOSITION Phone:, W `- 510 -JcaP REASON: SEE MAP ON REVERSE SIDE Property Owner Ip 1 HTE# 1 6-1 000001 4 Si gture. Case No. 0616.06 Planner. Dotores 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 incapacidadess que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la iunta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-06 Isaias Franco has petitioned the City of Corpus Christi to consider a change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batchinq plant and to the "IL" Light Industrial District on Tract 2. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Tract 1 is described as a 4.00 -acre and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. 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, June 29, 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: ;r.4) Address: (I/IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Properly Owner ID: 6 HTE# 16-10000014 City/State: .,-j y t -733�� Phone:. p/— 5 ib Case No. 0616-06 Planner: Dolores Wood Aerial Overview 1 N Aerial AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 26, 2016 Second Reading Item for the City Council Meeting of August 9, 2016 DATE: TO: July 16, 2016 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Acceptance of park equipment from Kaboom! and funding from Beautify Corpus Christi Association for Dr. H.C. Dilworth Park CAPTION: Ordinance authorizing the City Manager or designee to execute documents to apply for and accept park equipment estimated value of $300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth Park and to accept $8,500 in donated funds from Beautify Corpus Christi Association, and to appropriate said funds in the no. 4720 Community Enrichment Fund for the park improvements. PURPOSE: Accept a grant from KaBOOM! and a donation from Beautify Corpus Christi Association (BCCA) to build a playground and improve Dilworth Park. BACKGROUND AND FINDINGS: The Parks and Recreation Department, BCCA and the Second Calvary Baptist Church have been working together to improve Dilworth Park over the last 18 months. Earlier this year, BCCA submitted a grant request to KaBOOM! to assist with the construction of a playground at the park. Rather than assistance, KaBOOM! has offered a full grant (equipment, shade and supplies valued at approximately $300,000) that will include construction of the entire playground plus additional park amenities. This is a larger grant than BCCA can handle administratively though they are still committed to assist with the project and offer the $8,500 match for the grant. Funds have been earmarked in the department budget to supplement the project. In order to take advantage of the opportunity to improve the park, the Parks & Recreation Department requests to assume the lead of the grant application and manage the project. If approved, a community visioning workshop will be scheduled in August to help design the improvements at the park and recruit volunteers for the community build days to be held in October. The Parks & Recreation Department will work with BCCA and the Second Calvary Baptist Church to coordinate both efforts. ALTERNATIVES: Reject the Grant Offer OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve the acceptance and appropriation of grants and donations. EMERGENCY / NON -EMERGENCY: DEPARTMENTAL CLEARANCES: Legal and Finance 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 Encumbered/ Expended Amount This item $8,500 $8,500 BALANCE Fund(s): Community Enrichment Fund Comments: RECOMMENDATION: Approve the acceptance and appropriation of both the KaBOOM! grant of equipment and BCCA donation to serve as the match. LIST OF SUPPORTING DOCUMENTS: Ordinance Kaboom Grant Project Summary Community Partner Playground Contract ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE DOCUMENTS TO APPLY FOR AND ACCEPT PARK EQUIPMENT ESTIMATED VALUE OF $300,000 FROM KABOOM! FOR PARK IMPROVEMENTS AT DR. H. C. DILLWORTH PARK AND TO ACCEPT $8,500 IN DONATED FUNDS FROM BEAUTIFY CORPUS CHRISTI ASSOCIATION, AND TO APPROPRIATE SAID FUNDS IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR THE PARK IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute documents necessary to submit application for and execute documents to accept park equipment estimate value of $300,000 from KaBOOM! for improvements at Dr. H. C. Dillworth Park, including the Community Partner Playground Contract, a copy of which is attached as Exhibit A. Section 2. That the City Manager or designee is authorized to accept $8,500 funding from Beautify Corpus Christi Association for park improvements at Dr. H. C. Dillworth Park. Section 3. Upon receipt, the funds shall be appropriated in the No. 4720 Community Enrichment Fund for the park improvements at Dr. H. C. Dillworth Park. 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 COMMUNITY PARTNER PLAYGROUND CONTRACT August 4, 2016 KaBOOM!, Inc. (referred to herein as KaBOOM!) is pleased that The City of Corpus Christi & Beautify Corpus Christi Association (referred to herein as the Community Partner) has agreed to collaborate with KaBOOM! and «FP» (referred to herein as the Funding Partner) in the construction of a new playground at Dilworth Park , 3000 Elgin St, Corpus Christi, TX, 78405 (the "Project"). This Community Partner Playground Contract (this "Agreement"), which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Obligations of the Community Partner. The Community Partner shall work with KaBOOM! and the Funding Partner as well as community residents to design, plan and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KaBOOM!: (a) Fundraising. In support of the Project, the Community Partner must contribute $8,500 USD to KaBOOM!, which will apply the funds directly to the purchase of playground equipment. KaBOOM! will invoice the Community Partner for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Project's Build Day (as defined below). (b) Project Site. (i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KaBOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or the Funding Partner. Permits. Prior to Build Day, the Community Partner shall obtain all necessary permits and licenses regarding the installation, possession and use of the playground in compliance with applicable laws and regulations. (iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) recruiting fifteen (15) adult volunteers to participate in preparation activities two to three days prior to Build Day; (2) preparing the site for the installation of the Project at least two weeks before Build Day, which includes removing existing playground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests; (3) conducting up to two (2) utility checks as reasonably requested by KaBOOM! with the appropriate utility companies, with the first test being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaBOOM! project manager who shall supervise the planning and installation of the playground (the "Project Manager"); and (4) conducting up to two (2) soil site tests as reasonably requested by KaBOOM!, with the first test being completed on or before Design Day and with all soil check documentation provided to the Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv) Safety and Security. The Community Partner shall ensure the security of equipment, tools, supplies and well being of the adults and children from the beginning of the preparation activities until the conclusion of Build Day, including any postponement. (v) Maintenance. Maintenance of the playground facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall collaborate with KaBOOM! during the Project planning process to develop a maintenance program for the playground and, with the support of the property owner (if owner is a separate party), shall maintain the playground and the property before and after the Build Day to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playground equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for any reason, then the Community Partner promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the playground equipment (including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make such playground available to children in the same manner contemplated as of the Build Day and maintain (or permit the Community Partner to maintain) such playground in accordance with the maintenance program. In addition, the Community Partner shall accept and maintain engineered wood fiber as playground safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the playground. Guidance and materials for the purpose of developing a maintenance plan for the playground are available, upon request, from the playground equipment and safety surfacing manufacturers, including Playworld Systems, Inc . (vi) Service Learning. The Community Partner shall recruit a group of at least 25-50 youth ages 5-12 years to participate in the Presidential Active Lifestyle Award Challenge (http://www.presidentschallenge.orq/challenge/active/index.shtml). The youths shall commit to being active 60 minutes a day for five days a week for six weeks between Design Day and Build Day. (c) Design Day. The Community Partner agrees to host a KaBOOM!-facilitated "Design Day" with at least twenty (20) adult volunteers and twenty (20) children. Such adult volunteers shall remain engaged in the planning activities throughout the Project's planning process. (d) Build Day. The Community Partner shall recruit 75 adult volunteers from the community to participate in a one - day installation event for the Project, which is scheduled to occur on November 5th 2016 and which is referred to herein as the Build Day. The Community Partner shall ensure that all volunteers sign a waiver. On the Build Day, the Community Partner shall provide food, water, tools, dumpsters, music and restroom facilities for all volunteers. (e) Promotion; Intellectual Property. The Community Partner shall seek prior approval from KaBOOM! and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of the them, the "Marks") of KaBOOM! and/or the Funding Partner, including press releases, fliers and promotional materials. The Community Partner acknowledges and agrees that each of KaBOOM! and the Funding Partner is the sole owner of all right, title and interest in and to its respective Marks. The parties acknowledge that KaBOOM! and the Funding Partner may take all steps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KaBOOM! or the Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner that would harm the reputation of KaBOOM! or the Funding Partner or disparage or negatively reflect upon the Marks. Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all use of the Marks. The Community Partner shall collaborate with KaBOOM! and the Funding Partner to secure media coverage for the Project. (f) Signage. The Community Partner shall allow the names and logos of KaBOOM! and the Funding Partner to be displayed on permanent playground signage, which shall be substantially in the form provided to the Community Partner during the application process and shall be 121/4 inches wide by 30'/4 inches tall and mounted on poles in a mutually agreed location. (g) Shade. The Community Partner has agreed to accept the installation of the shade over the playground that was built with KaBOOM! and has agreed to: 1) determine if a permit is needed for shade and if so, identify what is needed to secure the permit. 2) If permit is required, the Community Partner is responsible for filing the paperwork and making payment for the expenses related to securing the permit. The KaBOOM! shade vendor will provide the necessary designs and documentation needed to secure the permit. 3) In coordination with the Project Manager and the shade vendor, the plan for drilling the holes for the shade post footers, installation of the rebar and pouring the concrete will be identified. This will include the timeline for the footer work and site access for the contractor. 4) the Community Partner is responsible for ensuring the shade vendor has access to the site. Damage to sidewalks or fences is the responsibility of the Community Partner 5) Once the shade post footers are completed, the Community Partner must secure the site so that no kids play on the footers. 6) Within 2-3 days of the footers being completed, provide access for the shade vendor to install the shade. 6) A maintenance plan for the shade is created and provided to KaBOOM! Once the shade is installed, it needs to be properly maintained. This includes checking the tension on the shade and tightening it as needed. In the event of a high wind event (ie. Hurricane), the shade needs to be taken down. Once the high wind event is over, the shade needs to be re installed. 7) Payment for the shade will be paid directly to the shade vendor. (h) Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOM! and the Funding Partner harmless from any costs beyond the proposed Project budget, including costs incurred by the Community Partner for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those secured by KaBOOM!. Warranty. The playground equipment and the safety -surfacing related to the Project may be covered under warranty by the applicable manufacturers, a copy of which may be obtained, upon request, from such manufacturers. The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer's terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation, warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness for a particular purpose. (j) Insurance. The Community Partner is self-insured and is responsible for providing coverage for its own employees and against liability for bodily injury, death and property damage that may arise out of or be based on the use of the playground at "Community Partner location", from 7 (seven) calendar days before the Build Day and for a minimum of one year afterward, in each case, in amounts not less than one million dollars ($1,000,000). This self-insurance shall be primary over any other insurance covering KaBOOM! and its funding partners. (i) (k) Indemnification. The Community Partner shall indemnify and hold harmless KaBOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents and representatives from any and all losses, liabilities, claims, actions, fees and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, any actions associated with this Project or resulting from the use of any playground property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. 2. Obligations of KaBOOM!. (a) Playground Build. KaBOOM! shall provide technical and organizational leadership and guidance for the Project and shall: (i) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii) Manage construction logistics for the Project, coordinate playground site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Provide educational and promotional materials to support the Project, including the KaBOOM! Tool Kit (a 4 - book set), KaBOOM! online Playground Planner, nametags and other general supplies. (b) Inspection. KaBOOM!, in collaboration with the Community Partner, will secure a Certified Playground Safety Inspector to review the playground structure at the conclusion of the Build Day (or, if KaBOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation) to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the Build Day is not completed on the Build Day due to failure of the Community Partner, in which case the Community Partner shall secure the Certified Playground Safety Inspector. (c) Promotion. KaBOOM! will provide proposed promotional materials relating to the Project for the Community Partner's review and approval, which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KaBOOM! will place the playground on its list of KaBOOM! builds on the KaBOOM! website and KaBOOM! will send information to the Community Partner on playground maintenance programming and enhancements. 3. Build Day Postponement. The Build Day shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the playground. The decision to postpone the Build Day will be made by majority agreement of the representatives of KaBOOM!, the Community Partner and the Funding Partner, except where such decision must be made by KaBOOM! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Day is postponed, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including, without limitation, equipment, labor and materials, storage and travel costs and expenses; provided, however, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Day. Notwithstanding the foregoing, in the event that the date of the Build Day is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KaBOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, website and newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KaBOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KaBOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KaBOOM! shall refund to the Community Partner any amounts paid to KaBOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM! the by Community Partner exceeds the sum paid to KaBOOM! hereunder, the Community Partner shall pay KaBOOM! for any such additional sum due upon presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination. 6. General Provisions. The Community Partner represents to KaBOOM! that all information provided by it to KaBOOM!, including in the Playground Profile Application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may be altered, modified or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i) and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. By executing this Community Partner Playground Contract where indicated below, each of KaBOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above. Beautify Corpus Christi Association By: Name: Emily Martinez Title: Board President Address: 545 N. Upper Broadway STE 770E Corpus Christi, TX 78401 T: 361-882-7448 e-mail: emartinez@ccredc.com The City of Corpus Christi By: Stacie Talbert Interim Director 361-815-5444 StacieT@cctexas.com 1201 Leopard St. Corpus Christi TX 78401 KaBOOM!, Inc. By: Name: Gerry Megas Title: Chief Financial Officer Address: 4301 Connecticut Ave. Suite ML -1 Washington, DC 20008 T: (202) 464- 6180 F: (202) 659-0210 e-mail: gmegas@kaboom.org Contact information for the person who should receive KaBOOM! invoices: Name: Stacie Talbert Telephone number: «Invoice_Phone» Mailing Address: 1201 Leopard St Corpus Christi TX 78401 Build it with KaBOOM! Project Summary play matters for all kids KaBOOM! is the national non-profit dedicated to the bold goal of ensuring that all children, particularly the 16 million American children living in poverty, get the balance of active play they need to become healthy and successful adults. KaBOOM! creates and catalyzes great places to play, inspires, empowers and leads play advocates, and educates and elevates the societal conversation about the importance of play in children's lives. KaBOOM! has been a powerful champion for play since its founding in 1996, working with partners to build, improve and open more than 15,000 playgrounds, engage more than 1,000,000 volunteers and serve more than 6,600,000 children. Contents Who's Who I Getting to Know the PLAYers Project Timeline Site Preparation & Construction Administrative & Legal Responsibilities Community Engagement 1 The Planning Committee KaBOOM! Corporate Sponsorship Policy KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Who's Who 1 Getting to Know the PLAYers KaBOOM! The Community Outreach team at KaBOOM! is responsible for screening and guiding applicants for playground projects through the selection process and ultimately preparing organization/s for a community -led play space project. KaBOOM! will: Pair partners with a certified playground safety inspector Project Manager & Installer Provide coaching and guidance for approximately 8 — 10 weeks of project planning Facilitate Design Day in person, leading discussion around community building Facilitate Build Week in person, serving as a liaison between partners and vendors Support community's relationship with a sponsor, also known as a Funding Partner Offer tools and mentorship from our growing Playmaker Network for the community Community Partner 1 That's You! A Community Partner can be one or several child -serving non -profits serving a high need population in need of a safe place for children to play. We look for Community Partners who have a "Can Do" spirit, are prepared to take on the roles and responsibilities involved in completing a community -built playground project. Community Partners will: Build playspace that includes 2500 square foot playground with enhancement projects Form a committee of 10 — 15 community members working as a team on project planning Develop meaningful relationships to support community -build planning process Own or attain permission to build on available land Complete necessary site preparation Assume insurance, maintenance, and liability of the new play space Research and secure any necessary permits required locally to build play space Contribute a cash contribution towards the cost of equipment Host Design Day and Build Week Funding Partner 1 The Sponsor KaBOOM! has worked with more than 200 Funding Partners over the past 18 years to build more than 2,400 playgrounds, creating places to play for an estimated 6.6 million children. Many of our Funding Partners want to make an impact in specific geographic areas, such as where they are based or have a local office, so they designate the city they would like to build in and provide insight into the type of Community Partner with whom they are hoping to work. Funding Partners will: Generously donate the majority of funds needed for the playground project Select their Community Partner for the play space project Commit volunteers to help build the playground alongside community volunteers Establish a relationship with their KaBOOM! Community Partner Support our collective vision to promote and protect play through their networks KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Project Timeline Confirming Selection Each Build It with KaBOOM! opportunity is extremely competitive. In order to consider potential organizations, KaBOOM! requires the submission of several key documents before the application is considered complete (see Administrative & Legal). When a Community Partner is selected by a Funding Partner, the general timeline between notifying Community Partner of their selection and meeting the Project Manager and Funding Partner is two weeks, although in some cases it may be more or less. During this time, selected partner(s) will want to mobilize all that expressed interest in their involvement. Design Day' The official kick off ...this is where the fun begins. It is when we give the true play experts—the kids—a chance to tell us what they would like to see on their new playground. Design Day is also the time to rally the community, get them committed to joining the planning committee and ask for their input on the playground design. Site Walk Youth Portion O 2+ hrs Community Meeting Site Walk 1 The purpose of the site walk is to familiarize the Project Manager with the site for the new playground with key representatives of the Construction committee and those knowledgeable about site preparation, applicable permitting, and installation decisions. Youth Portion 1 This energetic and heartwarming session is where children will be asked to draw and present their dream play spaces! A minimum of 20 children from the direct community and/or served by the partnering organization(s) must be present. Community Meeting 1 At least 20 adults should participate in this "town hall" type meeting, with the central goal of Design Day being to finalize a planning committee. Participants should be interested in taking on responsibility during the entire process. Build Week Prep Day 1 clqi30 volunteers 8 am — 5 pm Prep Day 2 30 volunteers 8 am — 5 pm Build tr 200 — 250 volunteers 8 am — 3 pm Prep Day volunteers take care of various jobs (unloading playground equipment, cutting lumber for enhancement projects, priming walls for murals, etc.). It is not always necessary to use both Prep Days if everything is accomplished on Prep Day 1, but you should be prepared to recruit for both days. Build Day typically runs from an 8 am arrival on site to a 3 pm ribbon cutting ceremony. Volunteers should plan to stay for the duration of the day. 1 Following Design Day, the Project Manager will submit the community's wish list to Playworld Systems. Playworld's designers will produce three (3) custom designs and the community will be responsible for picking the winning design. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Site Preparation & Construction Construction Committee The goal of this team is to prepare the site for the build and get the tools and materials needed as introduced during outreach and implemented during the planning process. 1. Site preparation — The Community Partner is responsible for the completion of site preparation. The entire playground footprint must be prepared to a flat, dirt surface with no more than a 2% grade and any existing playground equipment within this footprint must be removed. Different ground surfacing involves alternative preparation expectations that would be discussed during screening. Test holes will be requested by the Project Manager to get a sense for the challenges around hole digging. This must all be completed at least two weeks before Build Day. 2. Soil Testing — If selected, The Community Partner must have the soil tested of proposed playground site for levels of lead and arsenic prior to the Design Day. Partners may identify the lab of choice as long as they test for lead and arsenic. Past Community Partners have used the following company with success: testamericainc.com/locations/locationmap.htm. It is the community partners' responsibility to have the results analyzed according to local standards to see if the levels are acceptable. If levels are too high, it is the Community Partner's responsibility to remediate the soil appropriately. 3. Utility Check — If selected, the Community Partner must have public and private utility checks completed. The public utility check should be a free service from utility providers. The first check must happen right after a site is selected and completed by Design Day so any utility lines that will affect the design of the playground can be taken identified when the playground is designed. It is the responsibility of the Community Partner to extend the utility check to cover the Build Week, when holes will be dug for the playground. 4. Signage — A sign welcoming visitors to the playground will be installed near the entrance of the playground. The Welcome Sign is two-sided and measures 30.25 inches by 12.25 inches. The language on the sign will include the appropriate age range of the playground as decided by the Community Partner as well as the organization's logo(s) and the logos of KaBOOM! and the Funding Partner. 5. Tools — The community is collectively responsible for providing the tools necessary for the Prep Days and Build Day. We encourage communities to find ways to gather the required tools through lending and by involving other community groups or members in the project, saving the cost of purchasing the tools. Some cities have public tool banks, which is a great place to start. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Sample Tool List & Sample Pictures Wheelbarrows (15) Spade shovels (30) Rock/metal rakes (30) Digging bars (2 - 3) Manual post hole diggers (5) Cement (or garden) hoes (15) Garden hoses (2 - 3) with Spray Nozzles Power Strips/Cord Splitters (5) Pop Up Tents (4) Skid Steer (1) 6' & 8' Step Ladders (2 — 3 each) 4 Ib. Mini Sledge & 8 Ib. Sledge Hammers (2 each) Claw Hammers (10) Tamps (3) Corded Drills (10+) Cordless Drills with Chargers (5+) 25' & 100' Extension Cords (5 each) Garbage Cans (3-5) Tables (15) & Chairs (60) 12" & 18" Auger Bits dig Metal Rakes Cement Mortar Hoes 41 Manual Post Hole Diggers Digging Bar 12" Miter Saw Drills (Cordless / Corded) Spade Shovels 1111101 Wheelbarrows Tam p 6' & 8' Step Ladders Sample Enhancement Projects Work with a KaBOOM! Project Manager to identify projects that will transform your outdoor space for community gatherings and activities. More examples can be found on our website. Mendocino Bench Picnic Tables Wooden Shade Structure Asphalt Games / Painting Planter Bench Gardening KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Administrative & Legal Responsibilities 1. Community Partner Agreement — KaBOOM! requires potential Community Partner(s) to review and approve the draft Community Partner Agreement by any legal or board review, before moving ahead in the competitive application process. Referred to as a Letter of Agreement (LOA), we cannot fully consider any organization until this document has been reviewed and approved by all necessary parties. You do not need to fill out the template. Please direct any questions or comments to your Community Outreach team member immediately. 2. Land Ownership — Community Partners must provide either proof of land ownership (a copy of the deed, tax records, or a property survey) or a copy of their current lease and a Letter of Permission from the landowner. KaBOOM! will provide the template letter in the latter case. 3. Insurance — Community Partners must be able to provide insurance for the playground amounting to one million dollars in commercial liability insurance or equivalent, as well as add KaBOOM! and the Funding Partner as `additional insured' parties for the Build Week and one year thereafter. Proof of insurance must be submitted to KaBOOM! 30 days prior to the Build Day. Insurance is not required to be in place until Build Week. For self-insured entities, the self-insurance must be primary for the same amount of time. It is imperative that applicants check in with their insurance broker to ensure this can be completed. 4. Permitting — Community Partners must determine whether or not they need a permit to build a playground at the proposed site. Identifying the process for obtaining and ultimately obtaining a permit (if applicable) can be time consuming; it is important to understand these requirements during the selection process, so that KaBOOM! and the community partner can meet timelines required by any applicable permit. Prior to the KaBOOM! Build Day, securing a permit is the sole responsibility of the Community Partner. 5. Community Contribution — Community Partners are responsible for raising a financial contribution of $8,500 for the project, which may be raised using a combination of existing funds, grassroots fundraising and local business support.2 This cash contribution is due to KaBOOM! 30 days before the Build Day and goes directly toward the playground equipment costs. 6. Playground Surfacing — Build it with KaBOOM! Grants include Engineered Wood Fiber (EWF). EWF is safe and ADA compliant under play structures, as long as it is regularly raked to an even, deep distribution. Community Partners interested in alternative forms of safety surfacing are responsible for fully securing the funds for site preparation, completing site preparation in advance, purchase, and installation of alternative safety surfacing. 2 KaBOOM! encourages Community Partners to reach out to local organizations for support, but please be aware that KaBOOM! enforces a Corporate Sponsorship Policy which we ask all Community Partners to abide by to ensure that the Funding Partner receives primary acknowledgement and that no competitors of the Funding Partner are solicited for support. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Community Engagement 1 The Planning Committee Planning Committee3 Committee Chairs and the Planning Committee make up the core of every KaBOOM! project. If selected, Community Partners are responsible for identifying Chairs and recruiting 10-15 committed individuals who will drive the project forward to ensure success, as well as focusing on the lasting impact the project can have on the community. Planning Committee members should be available to participate in a one-hour weekly conference call with the Funding Partner and KaBOOM! Project Manager as well as commit to time in-between calls to fulfill responsibilities. A toolkit with resources for all planning committee teams can be found on our website, here. The Planning Committee will be broken down into the following Leaders & Teams Main Points of Contact / Committee Chairs Champion community engagement throughout the process Track & celebrate the community's accomplishments on a weekly basis Play Chair Identifies a volunteer to lead a playful warm-up during Build Day kick-off Develop ways for children to participate in the project from the beginning to the end Teach & mentor youth about volunteerism & instilling ownership of the playground Facilitate play activities into the planning process build day and post -build Criteria: creative, responsible and good with children We've heard from our alumni that there is significant impact made on the individual child who is a part of the planning and implementation of a KaBOOM! project. Ideas for encouraging and supporting youth involvement are available on our website. Recruitment Team Helps recruit 30 volunteers on Prep Day 1 and Prep Day 2 Helps recruit and track anywhere from 75 — 200 community volunteers for Build Day At least half of the volunteers should be community members, residents, and/or parents Secures a sound system with mic to play music and make announcements during build day Identifies a photographer and/or videographer to document Build Day Fundraising Team By contributing to the project financially, the community gains greater ownership of their playground and this helps ensure long term care and maintenance. Prepares a solicitation letter and distributes to potential community supporters Hosts fundraising events that encourages broad community support and contribution Tracks donations and submits payment of $8,500 to KaBOOM! in a timely fashion 3 At least 50% of the Planning Committee must be non -staff, including parents, grandparents or guardians of children served by the partnering organization, as well as interested residents and community members. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Food Team This team will build new relationships and help shine a light on the project and the great work communities are doing with businesses that are a part of the community. Feeds volunteers a healthy and easy to serve breakfast & lunch all 3 days of build week Provides healthy snacks & beverages to keep volunteers hydrated all 3 days of build week Develops a plan for serving, distributing, and cleaning up a designated food area Ensures that there are suitable vegetarian options Logistics Team Secures a storage area to store the equipment once it is delivered Ensures restrooms are accessible for volunteers Identifies running water & electrical sources for build week Secures a 40 cubic yard dumpster and recycling container Knowledgeable about what debris from Build Day can be recycled or reused Develops a plan for on-site safety Secures a First Aid/CPR certified volunteer for each day of build week PR Team This team will be responsible for presenting this project to the community at large and to volunteers on Build Day. Participates in a PR specific call approximately 2 weeks after Design Day Generates press, publicity and social media materials announcing the project All materials must be sent to your KaBOOM! Project Manager prior to distribution KaBOOM! Corporate Sponsorship Policy Please be aware that KaBOOM! has a Corporate Sponsorship Policy that all Community Partners must abide by to ensure that contributions from the Funding Partner are appropriately acknowledged: Volunteers recruited from organizations or companies should be in groups of 10 or less No branded clothing or signage from groups other than the Community and Funding Partner may be worn during build week Volunteers cannot wear any hats, shirts, buttons, etc. identifying them as part of another group or organization Only the Funding Partner, Community Partner and KaBOOM! will have permanent signage or recognition on the project site Community Partners cannot solicit support from direct competitors of the Funding Partner If a restaurant donates food, they may include menus or cards on the serving table Other organizations and companies may be thanked by making one large banner recognizing all project supporters 4 In most cases, the KaBOOM! project budget can cover the expense of a temporary storage container, its delivery and pick-up from site. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 26, 2016 Second Reading Item for the City Council Meeting of August 9, 2016 DATE: TO: July 5, 2016 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Sister City Committee Ordinance Update and Memorandum of Agreement with the Convention and Visitors Bureau CAPTION: Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager or designee to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee. PURPOSE: Approve proposed updates to City Code of Ordinances regarding the Sister City Committee and authorize the city manager to execute the Memorandum of Agreement (MOA) with the Corpus Christi Convention and Visitors Bureau (CVB) to manage the committee. BACKGROUND AND FINDINGS: The Corpus Christi Sister City Committee was established in 1962 and formed to promote awareness of social, cultural, political, and economic issues in the world which leads to international understanding and educates and prepares our people for the global economy. Since its formation, the committee has led various programs, projects and events including: the Student and Fireman Exchange Program, Sister City Delegation visits, Sister City's Parkway and Elementary school peace poles and flags at the Airport, International Young Artists Program, Toledo, Spain Art & Music Exchange Programs, Wheelchairs for Peace, Keelung Port Agreement signed in 1999 and an International Expo with 140 exhibitors. The current list of our sister cities includes: • Yokosuka, Japan • Veracruz, Mexico 1986 • Keelung, Taiwan 1987 • Toledo, Spain 1989 • Monterrey, Mexico 1993 • Agen, France 1996 • Playa del Carmon, Mexico 2007. However, in recent years the committee has struggled. Since the reduction of city funding in 2009, the committee has struggled with lack of administrative support, a singular focus on the student exchange program and meeting quorum has been difficult for the 15 member At -large committee (they have not officially met since September 2015). The CVB and the Parks and Recreation Department have been working on a proposal that would allow the Corpus Christi Convention and Visitors Bureau to administer the Sister City Committee and restructure its existing ordinance and bylaws to strengthen its impact on tourism, economic development and international relations. The changes to the ordinance include modifying the membership of the steering committee from fifteen (15) to nine (9) members representing the following categories: Economic Development, Greater Corpus Christi Hospitality Association, Port Industries, Chambers of Commerce, Higher Education institution, Advertising/Public Relations sector; Arts/Culture sector and two (2) at -large members. In addition, the requirement of a subcommittee for each sister city will be removed and subcommittees will be developed once the officers for the committee are selected. The City Council will continue to appoint the members of the steering committee. In order for the CVB to administer the program, an MOA should be executed to create formal expectations and guidelines. The proposed MOA establishes expectation for the administration of the program, sets formal lines of communication from the CVB to the Parks & Recreation Department, provides the CVB annual funding of $6,000 for administrative and marketing purposes. The initial term of the MOA is two years with options to continue on a year-to-year basis thereafter. Sister City International's (SCI) mission to promote peace through mutual respect, understanding, and cooperation — one individual, one community at a time. SCI's programs focus on four main areas of exchange: arts and culture, youth and education, business and trade, and community development and technical exchange to connect citizens around the globe. ALTERNATIVES: Do not approve the changes to the ordinances or execute the contract. Continue current administration of the program OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City policy requires changes to ordinance regarding City Boards and Committees be approved by City Council. EMERGENCY / NON -EMERGENCY: non -emergency DEPARTMENTAL CLEARANCES: City Secretary's Office Legal Department FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 6,000 6,000 Encumbered / Expended Amount This item BALANCE 6,000 6,000 Fund(s): Local Hotel Occupancy Tax Fund 1030 Comments: none RECOMMENDATION: Approve both the proposed changes to the ordinance and execution of the MOA. LIST OF SUPPORTING DOCUMENTS: Ordinance, Memorandum of Agreement, Presentation Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager or designee to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 2 of the City Code of Ordinances, Article IV, Division 13, is amended regarding Sister City Committee, by deleting the redlined struck through text, and adding the underlined text, as follows: DIVISION 13. - SISTER CITY COMMITTEE Sec. 2-150. - Creation and general duties. There is hereby created an advisory committee to the city council to be known as the Corpus Christi Sister City Committee. It shall be the duty of the committee to study ways and means of improving relations with Corpus Christi sister cities and to advise and consult with and assist the mayor, the city council, the city manager and all other city agencies, boards and officials in accomplishing the purposes of the sister city program. In carrying out its program and duties, the committee shall: (1) Enlist the cooperation of all racial, religious, educational, community, civic, labor, fraternal and benevolent associations and all other groups, associations and societies and all constructive community forces and talents that would be helpful in discharging its duties; (2) Cooperate with federal, state and city agencies, citizens, citizens organizations, the local boards of education and parochial and private schools in formulating and developing courses of education and program& economic development and tourism opportunities to stimulate the interest of the entire population in accomplishing the objectives of the committee; (3) Adopt rules for the transaction of business; (4) Receive all requests and instructions from the mayor and the city council relative to the committee's function established herein and respond if it may be thus requested or instructed; Endeavor to coordinate the efforts of all cooperating groups in maintaining and developing sister city relations; (5) Page 1 (6) Cooperate with all state, regional and federal agencies in the implementation and conduct of sister city activities. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2-151. - Steering committee. The sister city committee shall consist of a steering committee and various subcommittees. The steering committee shall consist of fiftccn (15) nine (9) members who shall be broadly representative of racial, religious and ethnic groups in the community. The members shall be appointed by the city council and shall serve three-year terms or until their successors are appointed and qualified. The steering committee shall be responsible for the overall administration and implementation for the city's sister city program. The steering committee shall be comprised of representatives of the following categories: Economic development sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; Higher education institution; Advertising/public relations; Arts/cultural; and Two (2) at large. In addition, representatives from the following City departments shall serve as ex - officio, nonvoting members of the steering committee: Mayor's Office, Corpus Christi International Airport, and Parks and Recreation. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 152. Subcommittee for each sister city. There shall bc a subcommittcc for ach cistcF +t erizcd-by-rccoIution „f the city council. The mcmbcrs of ach such subcommittcc shall bc appointcd by thc numbcr of mcmbcrs from thc stccring committcc plus any numbcr of mcmbcrs from thc Page 2 committcc, for primary study, liaison and rccommcndations for cach sistcr city. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 1532 152. Other sSubcommittees. The steering committee may appoint any other subcommittee as in its judgment will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at large. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 15'12 153. - Officers. The officers of the steering committee shall consist of a general chairman [and] and vice: -chairman for cach of thc sistcr city subcommittccs cstablishcd in accordancc with cection 2 152. The chairman and ach vice-chairman shall be elected by majority vote of the sister city committee annually. If the general chairman is absent, a vicc chairman shall be cicctcd from thc committcc to the vice -chair shall serve as general chairman during his/her absence. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 1552 154. - Minutes, etc. The steering committee shall keep minutes of activities and furnish copies of said minutes to the •• (20) days of cach committcc mcctingCity Secretary annually. records to the council at any time upon request. its meetings and records of its (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 1562 155. - Funds. It shall also furnish its The steering committee is authorized to solicit and receive funds in the name of City of Corpus Christi with the funds to be used solely for the furtherance of the purposes of the steering committee. All funds received shall be deposited with the finance department of the city to be accounted for in a trust fund account entitled "Sister City Page 3 Account." Disbursements out of the "Sister City Account" will be made upon written recommendation of the steering committeeCorpus Christi Convention and Visitors Bureau Chief Executive Officer or designee and approval of the director of park and recreation department with all such disbursements being in compliance with the City Charter and ordinances pertaining to the disbursement of city funds. Ord. No. 029687, § 1, 11-20-2012) Secs. 2-157-2-159. - Reserved. SECTION 2. That the City Manager or designee is authorized to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee SECTION 3. In the event of any conflict between any other ordinances and the changes made by this Ordinance, the provisions of this Ordinance shall control with respect to the Sister City Committee. This ordinance takes effect upon final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 4 Page 1 of 9 MEMORANDUM OF AGREEMENT With the Corpus Christi Convention & Visitors Bureau Regarding City of Corpus Christi Sister City Committee Whereas, the City of Corpus Christi has established a Sister City Committee to study ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor and City Council and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program; Whereas, the City of Corpus Christi currently is Sister City with the following cities: Agent France; Toledo, Spain; Yokosuka, Japan; Keelung, Taiwan; Veracruz, Mexico; Monterrey, Mexico, and Playa Del Carmen, Mexico; collectively the "Sister Cities"; Whereas, the Sister City Committee has traditionally coordinated the high school exchange program and host dignitaries from the Sister Cities; Whereas, the Corpus Christi Convention & Visitors Bureau ("CCCVB") has expertise in expanding tourism to the City and interested to work with the Corpus Christi Sister Cities to explore opportunities to increase conventions and visitors to the area; Now, therefore, this Memorandum of Agreement is made by and between the City of Corpus Christi, "the City") and the Corpus Christi Convention & Visitors Bureau. By signature below, the parties agree as follows: Section 1. Purpose. The purpose of this MOA is for the City of Corpus Christi, acting through its Sister City Committee, and the Corpus Christi Convention & Visitors Bureau to explore opportunities to expand tourism and economic development relationships with the Corpus Christi Sister Cities. Section 2. Term. This Agreement shall be two years, effective upon last signature. Thereafter, the MOA shall continue on a year to year basis, unless terminated by either party upon six months' notice. Section 3. Services to be provided by the Corpus Christi Convention & Visitors Bureau 3.1 Provides administrative staff support including agenda coordination and preparation, prepares and submits minutes to the Sister City Committee for review at the following monthly meeting, submits approved minutes to the City Secretary, calendars events for the Sister City Committee, performs routine correspondence and in general performs all administrative duties associated with the Corpus Christi Sister City Committee. 3.2 Explores opportunities with the Sister City Committee to expand economic development and tourism with the Corpus Christi Sister Cities. 3.3 Keeps the City Director of Parks and Recreation ("Director") informed regarding CCCVB efforts to expand economic development and tourism with the Corpus Christi Sister Cities. 3.4 CCCVB must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding CCCVB's activities regarding the Sister City Committee. 3.5 CCCVB must provide Director with a copy of all CCCVB-sponsored advertising and promotion materials regarding the Sister City Committee. Page 2 of 9 3.6 CCCVB will ensure the establishment of a subcommittee established to coordinate the Student Exchange Program which is funded through the fundraising efforts of the program. Section 4. Duties to be provided by the City of Corpus Christi 4.1 Determines membership of the Sister City Committee members. 4.2 Provides letter of introduction to Corpus Christi Sister Cities of the expanded role of the CCCVB. 4.3 Subject to the City's annual budget process and appropriation of funds, provides annual funding to the CCCVB no later than October 31 in the amount of $6,000.00 to be used by the CCCVB for the administrative and marketing purposes for the Sister City Committee. Section 5. Use of Hotel Occupancy Tax funds The following provisions govern any use of municipal hotel occupancy tax funds provided to CCCVB under this Agreement: 5.1 Use of any municipal hotel tax funds provided by City under this Agreement to CCCVB is limited to those activities that, without exception, meet all three of the following requirements, herein referred to as "Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) the activities are in the categories that are eligible for funding as described in Section 351.101(a)(3) of the Texas Tax Code, copy attached as "Exhibit"; and (C) the activities promote tourism, the meeting and convention industry, or the hotel industry within the City of Corpus Christi. 5.2 The CCCVB will provide an annual report ("Report") to the Director of Parks and Recreation ("Director"). The Director, or designee, shall review this Report to verify whether the funding provided to CCCVB was spent in accordance with the requirements in this Agreement. The Report must include the following criteria: Written assurance to City that all Activities funded by the City served to promote tourism of the community. This shall be evidenced by providing the City with a written description of CCCVB's marketing or advertising strategy. 5.3 CCCVB must at all times during the term of this Agreement, and for five years following the expiration of the Agreement, keep true, accurate, complete, and auditable records. CCCVB agrees to: (A) make annual reports to the City of its revenues and expenditures from the hotel tax funds provided under this agreement; and (B) make records of these expenditures available for review to the City. 5.4 Should the City Director of Parks and Recreation determine within five years from effective date of this Agreement that CCCVB has failed to comply with the requirements contained in this Agreement, all funds must be repaid to the City. This provision shall survive termination or expiration of this Agreement. 5.5 Upon termination of this Agreement, CCCVB must promptly refund to City any unexpended hotel occupancy tax funds. Page 3 of 9 5.6 CCCVB must recognize the City of Corpus Christi as a contributor on all Sister City Committee advertisements and publications regarding Sister City Committee Activities. CCCVB must provide Director with a copy of all CCCVB-sponsored advertising and promotion materials regarding its Sister City Committee Activities. Section 6. Termination of Contract The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the CCCVB at the address of record. Section 7. Notices. Any notices under this Agreement must be provided as follows: To the City of Corpus Christi: City of Corpus Christi Attn: Director of Parks and Recreation P. O. Box 9277 Corpus Christi, Texas 78469-9277 To the Corpus Christi Convention & Visitors Bureau: Corpus Christi Convention & Visitors Bureau Attn: Chief Executive 101 N. Shoreline Blvd. Suite 430 Corpus Christi, Texas 78401 Section 8. Disclosure of interest. CCCVB agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Section 9. Certificate of interested Parties. CCCVB 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". These interested parties include: (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; or (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:/1www.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/Ieoal/ch46.html. Section 10. Conflict of Interest. CCCVB agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. 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. Page 4 of 9 Section 11. Insurance. CCCVB agrees to comply with the attached insurance requirements. Section 12. Indemnity. CCCVB agrees to fully indemnify, save and hold harmless City, its officers, employees, and agents (hereinafter "the Indemnitees'j against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or be in any way connected with, performance pursuant to this Contract or any operations or activities thereunder, regardless of whether the injury, loss, or damage shall be caused by, or claimed to be caused by, in whole or in part, the negligence or other fault of the Indemnitees or any of them. CCCVB shall at its own expense investigate all these claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, and actions. Section 13. Approval. All parties identified below agree to the provisions and terms of this Agreement. s Christi Convention & Visitors City of Corpus Christi Burea Name: Title: Date: 1L? Approved as to form: 1- t I L By: Lisa Aguilar, Assint City Attomey By: e) Name: Title: Date: EXHIBIT Texas Tax Code § 351.101. USE OF TAX REVENUE. Page 5 of 9 (a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: registrants; (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants arc tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; (7) subject to Section 351.1076, the promotion of tourism by the enhancement and upgrading of existing sports facilities or fields, including facilities or fields for baseball, softball, soccer, flag football, and rodeos, if: (A) the municipality owns the facilities or fields; (B) the municipality: (i) has a population of 80,000 or more and is located in a county that has a population of 350,000 or less; (ii) has a population of at least 75,000 but not more than 95,000 and is located in a county that has a population of less than 200,000 but more than 160,000; (iii) has a population of at least 36,000 but not marc than 39,000 and is located in a county that has a population of 100,000 or less that is not adjacent to a county with a population of more than two million; (iv) has a population of at least 13,000 but less than 39,000 and is located in a county that has a population of at least 200,000; (v) has a population of at least 70,000 but less than 90,000 and no part of which is located in a county with a population greater than 150,000; (vi) is located in a county that: (a) is adjacent to the Texas -Mexico border; (b) has a population of at least 500,000; and (c) does not have a municipality with a population greater than 500,000; (vii) has a population of at least 25,000 but not more than 26,000 and is located in a county that has a population of 90,000 or less; (viii) has a population of at least 7,500 and is located in a county that borders the Pecos River and that has a population of not more than 15,000; (ix) is located in a county that has a population of not more than 300,000 and in which a component university of the University of Houston System is located; or (x) has a population of at least 40,000 and the San Marcos River flows through the municipality; and (C) the sports facilities and fields have been used, in the preceding calendar year, a combined total of more than 10 times for district, state, regional, or national sports tournaments; (8) for a municipality with a population of at least 70,000 but less than 90,000, no part of which is located in a county with a population greater than 150,000, the construction, improvement, enlarging, equipping, repairing, operation, and maintenance ofa coliseum or multiuse facility; Page 6 of 9 (9) signage directing the public to sights and attractions that are visited frequently by hotel guests in the municipality; (10) the construction of a recreational venue in the immediate vicinity of area hotels, if: (A) the municipality: (1) is a general -law municipality; (11) has a population of not more than 900; and (iii) does not impose an ad valorem lax; (13) not more than $100,000 of municipal hotel occupancy tax revenue is used for the construction of the recreational venue; (C) a majority of the hotels in the municipality request the municipality to construct the (D) the recreational venue will be used primarily by hotel guests; and (E) the municipality will pay for maintenance of the recreational venue from the municipality's general fund; (1 1) the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of a coliseum or multiuse facility, if the municipality: (A) has a population of at least 90,000 but less than 120,000; and (B) is located in two counties, at least one of which contains the headwaters of the San Gabriel River; and (12) for a municipality with a population of more than 175,000 but less than 225,000 that is located in two counties, each of which has a population of less than 200,000, the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of a coliseum or multiuse facility and related infrastructure or a venue, as defined by Section 334.001(4), Local Government Code, that is related to the promotion of tourism. (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.10I(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: recreational venue; ( I ) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. (h) In addition to the uses authorized by Subsection (a), a municipality described by Subsection (a)(7)(B)(viii), as added by Chapter 546 (S.B. 585), Acts of the 83rd Legislature, Regular Session, 2013, may use revenue derived from Page 7 of 9 the tax authorized by this chapter to promote tourism and the convention and hotel industry by constructing, maintaining, or expanding a sporting -related facility owned by the municipality if: (1) the majority of the events at the facility involve participants staying at hotels in the municipality; (2) for a fiscal year, the municipality docs not reduce the amount of that revenue that it uses for a purpose described by Subsection (a)(3) to an amount that is less than the lesser of: (A) the amount of that revenue used by the municipality for that purpose during the municipality's 2015 fiscal year; or (B) the total amount of that revenue received in the fiscal year. (1) In addition to the purposes provided by Subsection (a), a municipality that has a population of at least 75,000 but not more than 95,000 and that is located in a county that has a population of more than 160,000 but less than 200,000 may use revenue from the municipal hotel tax to promote tourism and the convention and hotel industry by constructing, operating, or expanding a sporting related facility or sports field owned by the municipality, if the majority of the events at the facility or field are directly related to a sporting event in which the majority of participants arc tourists who substantially increase economic activity at hotels in the municipality. (j) In addition to the purposes provided by Subsection (a), a municipality that has a population of not more than 5,000 and at least part of which is located less than one-eighth of one mile from a space center operated by an agency of the federal government may use revenue from the municipal hotel occupancy lax for expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity. (k) In addition to other authorized uses, a municipality that is intersected by both State Highways 71 and 95 may use revenue from the municipal hotel occupancy tax for the promotion of tourism by the enhancement and upgrading of an existing sports facility or field as specified by Subsection (a)(7), provided that the requirements of Subsections (a)(7)(A) and (C) arc met. and Page 8 of 9 EXHIBIT INSURANCE REQUIREMENTS 1. CCCVB LIABILITY INSURANCE A. CCCVB must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. CCCVB must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. CCCVB must furnish to the City's Risk Manager (1) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsements 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. Dishonesty/Crime Coverage $100,000 Limit C. In the event of accidents of any kind related to this contract, CCCVB 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, CCCVB must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the CCCVB will be promptly met. An All States Endorsement shall be required if CCCVB is not domiciled in the State of Texas. B. CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at CCCVB'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. CCCVB shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the CCCVB or as requested by the City. CCCVB shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Page 9 of 9 Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. CCCVB agrees that, with respect to the above required insurance, alI insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • 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, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend CCCVB'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 CCCVB'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 CCCVB to stop work hereunder, and/or withhold any payment(s) which become due to CCCVB hereunder until CCCVB demonstrates compliance with the requirements hereof. Cr. Nothing herein contained shall be construed as limiting in any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractor's performance of the work covered under this contract. H. It is agreed that CCCVB'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. 2016 Insurance Requirements CCCVB Sister City Committee/CC Convention & Visitors Bureau Agreement 6/29/2016 my Risk Management CORPUS CHRISTI PARKS& AECRCATlON Sister City Commission Ordinance Update And Memorandum of Understanding Sister City Program CORPUS CHRISTI, TEXAS. USA Council Presentation July 26, 2016 Sister City Committee CORPUS CHRISTI PARKS& • Created in 1962 • Formed to promote awareness of social, cultural, political, and economic issues in the world which leads to international understanding and educates and prepares our people for the global economy 7 Sister Cities Exchange Programs Cultural Projects and Events • Recent Struggles Loss of City funding in 2009 Large committee- 15 At -large members • Trouble meeting quorum Lack of administrative support • Opportunity for the program to evolve • Convention and Visitors Bureau Proposed Ordinance Changes CORPUS CHRISTI PARKS& • Stronger focus on economic development and tourism opportunities • Reduction of steering committee membership • List of new positions • (1) Economic Development Sector • (1) Greater Corpus Christi Hospitality Association • (1) Port Industries of Corpus Christi • (1) Corpus Christi Chamber of Commerce • (1) Higher Education Institution • (1) Advertising/Public Relations • (1) Arts & Cultural • (2) At Large • (3) City Ex-officios— Mayor's Office, Parks & Recreation and Airport • City Council continues to appoint members (recommendation by CVB) • Subcommittees established once officers established • Sister City Account managed by CVB and PARD Proposed MOA CORPUS CHRISTI PARKS& • CVB administers the Sister City Program • Oversee establishment of new subcommittees • Student Exchange Subcommittee • Communication via the Director of Parks & Recreation • Recommendation of City Council Appointments from CVB • Invest Hotel Occupancy Tax Fund for Program - $6,000 • Subject to appropriation AGENDA MEMORANDUM First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 13, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Exemption from the Wastewater Acreage/Lot Fees for Nueces Garden No.2, Lot 49A, located south of Leopard Street and west of Starlite Lane, within the Allison Service Area for the City of Corpus Christi, Texas. CAPTION: Ordinance exempting Nueces Garden No.2, Lot 49A located south of Leopard Street and West of Starlite Lane, from the payment of wastewater lot/acreage fees under Section 8.5.2 G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Nueces Garden No.2, Lot 49A from paying $4,980.07 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Ms. Daisy M. Vasquez, owner of Nueces Garden No.2, Lot 49 is requesting the City to waive the Sanitary Sewer (Wastewater) Lot and Acreage Fees for Nueces Garden No.2, Lot 49A by providing an exemption for this area. The subject property located south of Leopard Street and west of Starlite Lane, within the Allison Service Area (Wastewater Collection System Master Plan) for the City of Corpus Christi, Texas. Planning Commission recommended that City Council approve the applicant's request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the UDC. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: Require the developer to pay the applicable wastewater lot and acreage fees in the amount of $4,980.07 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. Exempt the developer from payment of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. This agreement would require that when public wastewater services become available, the property owners would connect to the wastewater line and pay the applicable pro -rata fee, tap fee and surcharge fee. If public wastewater services become available within the next 15 years, the property owners would also be required to pay the applicable wastewater lot and acreage fees. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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: On June 15, 2016, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees. Staff recommends that the wastewater lot and acreage fee be waived and the applicant enter into a Sanitary Sewer Connection Agreement. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Waiver of Fees Letter Presentation Page 1 of 2 ORDINANCE EXEMPTING NUECES GARDEN NO.2, LOT 49A LOCATED SOUTH OF LEOPARD STREET AND WEST OF STARLITE LANE, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Nueces Garden No.2, Lot 49A located south of Leopard Street and west of Starlite Lane is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of the Nueces Garden No.2, Lot 49A, Ms. Daisy M. Vasquez ("owner") the Planning Commission has recommend City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Brian Rosas Mark Scott Lucy Rubio The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2016 CC AGENDA ITEMS \7-12-16\EXEMPTION-NUECES GARDEN\NUECES GARDEN, LOT 49AVVW EXEMPTION ORDINANCE.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Daisy M. Vasquez, 4024 Violet Road TRLR 27, Corpus Christi, Teaxs 78410-3137 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat Nueces Gardens No. 2, Tots 49A & 49B, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Nueces Garden No.2, Lot 49A Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/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 AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. 1 Sanitary Sewer Connection Agreement Nueces Garden No.2, Lot 49A Page 3 EXECUTED original, this ? day of It,- --- , 2016. L DEVELOPER/OWNER: STATE OF TEXAS § COUNTY OF NUECES § T 's instrument was acknowledged bef re me on this 7 , day of JOLENE E POTTER My Commission Expires July 24. 2017 APPROVED: Nq+tary Public, State of Texas This day of , 2016 By: Daniel McGinn, AICP CFM., Interim Director Development Services Director APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement NuecesGgd n No 2 Lot 49A Page 4 t 1.i wrl ono.• !! 545 ■q; :E\\ ;3 i;■g ■i,z ;P2- ; |�•! ' !!|: ! E§i| r.7§ (!!{ ; §lr| E / - • \ , 3 / ' '3 4 Id \ ) ' »[ {} / \ -!® % .15 \{ mer. 1).11. 11,44411•1111.1“11, _ � 1 ,p EXHIBIT 1 ] -J - ( | ' !7: nut r. i.t ulrl.l[R } 1 GRAPHIC SCALE (INFEET) 1 inch -1008. PLAT OF LOT 49A AND 49B NUECES GARDENS NO.2 BEING A REPLAT OF LOT 49, NOECES GARDENS NO. 2, AS SHOWN ONAMAP RECORDED IN VOLUME 10, PAGE8, MAP RECORDS NUECES COUNTY, TEXAS. PPG3DWIED JUN 1 5 2016 PLANNING COMMISSION 4 5.03 NUECES GARDENS NO.2 Tarso VOL 10, PG.8 M.RN.CT. 54518724"E 138 1 0.115 ACRES 4,994 S.F. S45"5724"0666.59 LOT 49A 3.057 ACRES 133,155 S.P. N45157'241W 666.59' 5157'24"B 686.59' LOT 49B 3.149 ACRES 137,150 S.P. N4515724"W 686.59' 5.00' A 3 25.00 Id N45157241W 1383.18' NIJECES GARDENS NO.2 LOT 48 VOLT°, PG.8 M.R.N.C.T. 5. 0' 0 of SET SfEIRON ROD p=FOUND RE'OON RDD • PROPERTY CORNER Brister Su ry eying 4655 South Off. 261.20•1800 F. Fmv ReEv 26.250.02 ..1.10.2. 0 L9 = N44115'31"E 19976' LI = S44°15'91''W 199.76' 544115'31"W 199.76' j0.U23 ACRES h" N4415'3110199.]6' STARLTTE ROAD I. TBE RECEIVING WATER POR TBE STORM WATER RUNOFF PROM THIS PROPERTY IS THE CORPUS CHRISTI INNER HARBOR. TBE TCEQ HAS CLASSn4ED THE AQUATIC LIFE USE FOR THE CORPUS CHRISTI INNER HARBOR AS' INTERMEDIATE, 3. THE SUBJECT SITE ISNOT LOCATED ON A 199 -YEAR FLOOD PLAIN,IN A FLOOD WAY, IN AN IDENTIFIED "FLOOD PRONE AREA', AS DEFINED BY THE US. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PURSUANT TO TDB FLOOD DISASTER PROTECITON ACI OF 1973, AS AMENDED, OR AN AREAV IS BY THE FLOOD MANAGEMENT AGENCY(PENA) AS AREAHAVING SPECIAL FLOOD HAZARDS.THIS PROPERTY IS LOCATED IN FOOD ZONE IC', AS INDICATED ONPANEL NUMBER 485464 0130 C, CITY OF CORPUS CHRISTI TEXAS. 3. BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM RAO 83 (93)4205 DATUM 4. THE TOTAL PLATTED AREA 186.394 ACRES, INCLUDING STREET DEDICATIONS. 5. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DE V EOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 6 POUND 538" IRON RODS UNLESS NOTED OTHERWISE. COUNTY TEXAS TES L FEUPE HERNAND� HEREBY CERTIFY THAT AM THE OWNER OP Lars 49A AND 4911, THE FORE.INNC MOP. TIRS MMAAPPHAS B N. ENENPREHAD PAARRED Fors' NEP RPOSE oP DDEESCRIPTION AND DEDICATION. ALL STREET DEDICATION SHALL BE IN FEE SIMPLE. THIS _DAY OF 2016 FELIPE HERNANDEZ,O STATE OF TEXAS COUNTY Or NUECES BEFORE 216, DIE UNDERSIGNED PERSON -WHOSE NAME IS SUBSCRIBEDAED MR TO TEE FOREGOING INSTONTEIS DAY RDUMENT AND ONALLY ACKNOWLEDGED TO TIE THAT EXECUTED THE SAME AS THE ACF AND DEED OE SAID LANDS FOR TEE PURPOSE AND CONSIDERATION THEREIN EXPRESSED, AND R2 THE CAPACITY STATED, GIVEN UNDER MY HAND AND SEAL OP OFFICE. THIS THE DAY OF 2016 NOTARY PUBLIC STATE OF TEXAS COUNTY Or NUECES T.S HEAL FIAT OF TAR HEREIN DESCRIBED TY WAS APPROVED BY THE DEVELOPMENT SERVICES ENGINEER OF THE CITY OF CORPUS CHRISTI, TEXAS. THIS THE DAY OF 2016 ILDNA DEVELOPMENT RVVIICES ENGINEER STATE OF TEXAS COUNTY OF NUECES TEIS AL PIAT OF HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE PLANNING COIENESSION ON MULE OF THE CITY OF CORPUS CHRISTI. THIS TF@_DAY OP 2016 SECRETARY STATE OP TEXAS COUNTY OF NUECES 1.2ARA SANDS, CLERK. THE COUNTY COURT WAND FOR NUECES COUNTY, TEXAS, DO DAY OP 226, 1112 ITS REBY CERTIFICATE OP AUTHENTICATION THAT THE FOREGOING U FILED FONUEET DATED R REroRD ROWCEPP[EMR _DAY OP MI6 AT O'CLOCK EI IN SAID COON, VOLIEAR_, PA. WITNESS MY HAND.° SEAL OP THE COUNTY COURT, IN AND FDR SAID COUNTY AT MY OFFICE, DI CORPUS CHRISTI, TEXAS, THE DAY AND YEAR LAST WRITTEN. MED FOR RECORD KARA SANDS, CLERK DEPUTY. MMUS COUNTY, TEXAS AT O'CLOCK 2.1 STATE OF TEXAS COUNTY OP NIECES I, RONALD E. BRISTER, A REGISTERED PROFESSIONAL LAND SURVEYOR OF MISTER SURVEYING, HAVE PREPARED 0100 FOREGOING MAP PROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. THIS THE DAY OP 2016 RONALD E. BAISTER REGISTERED PROFESSIONAL LAND SURVEYOR DATE Or MAP, NAAY2016 June 27, 2016 Renissa Garza-Montalvo Development Services, City of Corpus Christi 2406 Leopard St., 1st Floor Corpus Christi, Texas 78408 Mrs. Garza-Montalvo, Job No. 43059.00.00 In addition to the approved request for exemption to extend Sanitary Sewer service to proposed Lot 49A, Nueces Gardens No. 2., Urban Engineering is requesting, on the owner's behalf, a waiver to the wastewater acreage and lot fees. (361)854-3101 Respectfully, 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 wwwurbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Wastewater Construction Waiver and Acreage Fee Exemption Nueces Gardens Number 2 Lot 49A City Council Meeting July 26, 2016 At N Aerial Overview At N Aerial Overview Subdivision Plat GRAPH, qt. F REPLAT OF LOT 49A AND 49B NUECES GARDENS NO2 41.1414 liA1415 444174E1444, 111441.444.1.54 4.144219/4694 r19 iL 41.5444.4 143 UV 54415314.194 ..?„/ -„,— nurn-rn,riArrroms,,..rnifs ,zt.;e2,Aunitukorit ommit psn wails -Ism -or Lsentoctvrtomortmor MD 4444,, .44.44,..1141- guglEmmilaiami4=7:- ,L...1ZIEENTEDEPIN?4-- 1414114 _DAY4F iXgiz4MgI,-=1 =.11.1.41,4,4 5.1.40141. .4.44,..11064114.0.1 4 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 26, 2016 Second Reading Ordinance for the City Council Meeting of August 9, 2016 DATE: 7/1/2016 TO: Margie C. Rose, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of agreement and appropriating funds for Vantage at Corpus Christi, LLC. for the construction of Distribution water line CAPTION: Ordinance authorizing city manager or designee to execute a distribution main extension construction and reimbursement agreement ("Agreement") with Vantage at Corpus Christi, LLC., ("Developer"), for the construction of a distribution main line and appropriating $4,154.50 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Vantage at Corpus Christi, LLC. is required to install 340 linear feet of 6 -inch water distribution main in order to provide adequate water to a proposed multi -family residential development. The subdivision is located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (2) Credits and Reimbursements of the Unified Development Code ("UDC"), Vantage at Corpus Christi, LLC., is requesting a Reimbursement Agreement for the development of Vantage at Up River Road, Block 1, Lot 1 as shown on the final plat. The subdivision is located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. The development requires the extension of 340 linear feet of 6 -inch water distribution main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. If the actual costs for installation of such distribution water main are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Distribution Main Trust Fund for that portion of the distribution main installed by the developer. In this case, the total construction cost of the 6 -inch water arterial grid main is $72,778.50 minus the lot/acreage fee of $68,624.00 which equals $4,154.50. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water distribution main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2015-2016 Project to Date Expenditu res (CIP only) Current Year Future Years TOTALS Line Item Budget $1,067,767.94 Encumbered / Expended Amount $ 81,525.35 This item $ 4,154.50 BALANCE $ 982,088.09 Fund(s): Water Distribution Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A DISTRIBUTION MAIN EXTENSION AND CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH VANTAGE AT CORPUS CHRISTI, LLC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER DISTRIBUTION MAIN LINE AND APPROPRIATING $4,154.50 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a distribution main extension and construction and reimbursement agreement ("Agreement"), attached hereto, with Vantage at Corpus Christi, LLC., ("Developer"), for the extension of a distribution main line, including all related appurtenances, for the development of Vantage at Up River Road, Block 1, Lot 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $4,154.50 is appropriated from the No. 4030 Distribution Main Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of , ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule munici-pality, and Vantage at Corpus Christi, LLC., ("Developer/Owner"), a Delaware Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on June 2, 2016 to develop a tract of land, to wit: approximately 19.74 acre tract of land, known as Vantage at Up River Road, Block 1, Lot 1 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 340 linear feet trench protection 2. Install 340 linear feet 6 -inch PVC waterline 3. Install four (4)'/ short service 4. Install two (2) valve boxes 5. Install two (2) 6 -inch gate valves 6. Install one (1) fire hydrant 7. Install 1.5 ton pipe fittings all sizes and types 8. Install one 6 -inch water tie-in 9. Install one (1) hydrostatic testing 10. Install two (2) lump sum 2 -inch temporary blow offs b. The offsite Distribution Main Extension must begin at the south end of property and extend east alongside East Harrington Street and tie into existing waterline on West Harrington Street. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Ownerstarts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Distribution Main Extension. Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 2 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by August 9, 2017. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Edension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before August 9, 2017. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period') to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 3 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner. Vantage at Corpus Christi, LLC attn: David Starr 7334 Blanco Road, Suite 200 Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 4 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 San Antonio, Texas 78216 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main E tension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. 14.2. Removal of Defective and UnauthorizedWork: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 5 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Ownerto repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Ownerthe reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $4,154.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Ownerand at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 6 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 19.74 acres of acres known as Vantage at Up River Road, Block 1, Lot 1, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20 . (EXECUTION PAGES FOLLOWS) ATTEST: CITY OF CORPUS CHRISTI Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 7 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 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: , 2016. Assistant City Attorney Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, BIk 1, Lot 1 vFinal Page 8 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 • • By: .4'.4 David tarr us Christi, LLC Manager/President STATE OF 1 € 5 COUNTY OF This instrument was acknowledged before me o \yi -A , 2016, by David Starr, Manager/President, Vantage at Corpus Ch -ti, LLC, a De ware Limited Liability Company, on behalf of said company. tary Public's Signature e-ZPeO 9t l 01 A,oloN as 610L -Ll -0l seJIdx3'Wwo3 441 ,e\ soxel Jo GUNS •ollgnd Aio4oN = NIM0009 3)1IIN , 471" `' Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 9 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 VIU Ff/1 I- ICO In I- I- 1- ION UlU _=CD s1- GIA- 0 1 4) N� C o O 0 ° e-0. 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Contours shown ore based on N ° ° CO -N ro o00 d u E a� v �J NZ~s o a, ��3 o N� LI c Cau o os EN v3 av> c 17 00 OD 15 0 n^d.O n OVti O>++IyNto�°°P •I,q +.°at1°pn5r-°, n a> �- L C 0 0Ch)Lri n/ u) CO '7oUv�-1, 0 0 0 v .g LO vN �� ~o00c~°E,coM oc, cov°a)�mEz �ti1 V a) °1l7��U.° N a�w� FE O Cil F-4 '�"' O a) y v ,J Z.) t) oaaE°POE'Eaaa)i I"r ° p 08 vi o c °I° ooCC `7 rn>Z43 L_0k 0 U C •C n C iv Q °.a° U.77sr0 E - °Ca° 0 l N. din� O1- C c�Od0-DU r+ Ti coV2Y°lu0sEU N ocnQ cw<m�°1-`0m !o PLANNING COMMISSION .41' R/ // J� I — _3121St 74'f 1 3ouwao3LI �Wd d Gam oOf ,167£ll M.9Z,OR60S c C j 7 0 0- U 00 •U d� >, 3 0 p O 0) N t D. .0' a � y u V +' O Eo L p O O.0 2w O c c 0. O. 0 O O 0 c0 0 0 0 7 Si cn O EC d 0 O c a U O 0> C 7 N _oN 2g '3E C d O 0:v "6 O U a c U00 Oo 00+ - c � '+ °- '0 OUiA y O `o c 0 E E o'er U NM'- N 0, uD o '5 C 07 C C00D * a'C Wr 2 O 07 N 0. W c0 T O 0) 7 c P. .�07. 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N co for emergency vehicles. a 0 X •c 0 0 O, c O x m w 0 0 0 0 Z 00 3.69S240N ,S9'S1P£l 3.6S,Sg,BON _3•x:01 'NA -St (1•p•ry•11'd0 'ZLS4£ luaw00o3 aunac aB U°000 0040M,°'.14611, APPLICATION FOR WATERLINE REIMBURSEMENT We, Vantage at Corpus Christi, LLC, 7334 Blanco Road, Suite 200, San Antonio, TX, 78216, owners and developers of LOT (1), BLOCK (1) Vantage at Up River Road, a subdivision of the City of Corpus Christi, as shown according to the map or plat thereof recorded in Volume 68„ Pages 552-553, of the Map of Records of Nueces County, Texas, hereby request reimbursement of $44,607.25 ($113,231.25 - $68,624.00) for the installation of the 6 inch water type of line , in conjunction with said lot, as provided for by City Ordinance No. 17092. $79,715.69 is the construction cost, including 15% Engineering and Surveying, in excess of the lot acreage fee, as shown by the cost supporting docuatta&hed herewith. David Starr, Manager Vantage at Corpus Christi, LLC STATE OF TEXAS COUNTY OF BEXAR March 9, 2016 This instrument was acknowledged before me on 4`-, 1 2016, by `�- i ( --c--71...;-(' (Name), Ik,.,\-, AIC (Title), Vantage at Corpus Christi, LLC, A Texas limited liability company, on behalf othe said corporation. 4%NotaryMPIuKbE GOODteW ,Stateof Texas ,j Comm. Explres 10-12-2019 74;ii A ,,,,,,,,,,,,, Notary ID 12620842-3 CERTIFICATION ary Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATERLINE CREDIT We, Vantage at Corpus Christi, LLC, 7334 Blanco Road, Suite 200, San Antonio, TX, 78216, owners of LOT (1), BLOCK (1) Vantage at Up River Road, a subdivision of the City of Corpus Christi, as shown according to the map or plat thereof recorded in Volume 68„ Pages 552-553, of the Map of Records of Nueces County, Texas, hereby apply for $68,624.00 credit towards the water lot/acreage fee for installation of the water type of line as provided for by City Ordinance NO, 17092. $148,339.69 is the construction cost, including 15% Engineering and Surveying, as shown by the cost supporting documents attached herewith. David Starr, Manager Vantage at Corpus Christi, LLC STATE OF TEXAS COUNTY OF BEXAR March 9, 2016 This instrument was acknowledged before me on Y• L 6 2016, by (Name), elks -10-0,01.2k (Title), Vantage at Corpus Christi, LLC, A Texas limited liability company, ori behalf of the aid corporation. 0.*.; MIKE GOODWIN Notary Public, State of Texas Comm. Expires 10-12-2019 Notary ID 12620842-3 Notdry Public in and for the State of Texas Exhibit 2 Page 2 of 2 0 LL 02 1 r OY.Y1w•M1 W1Lm 1 yelancl.p LU p J v) (f) gQ V" (FA Oa Q V z W to U < Wzs U Q 2 UQ ri j CIVIL SHEET 1ND X 1 liffiall in f u _MRS N3ACO 10111 or >n WSW Mal'A1N1In SOWN USO maw awn ism 4mot JlSIMID snam IV 39VINYA I4OV JPM7d eni wow 1 _ r . 4 M { 1 Y 1 i � ^' 6; I- a 1 11111 alp Ib .11 ilii d! 1 i .111iili 10 w or n o� 0s. i rt! 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I• xar.wro+ 3.0.r. sorra maw, calm Ana ka m.f w+n.aa `=IY m 4. y.. �nr.1.. 19 O T 110 w.13 NEESE I MIL ISSUE (a, PERMIT AUH VANTAGE AT CORPUS CHRISTI 101/31P RIVER ROAD CORPUS 011USTI. MAX13 mu m, lvws 71)410 SANITARY SEWER DETAILS ito woo. mum VIM •Ita. ROL ER 1-11 '?:7.7 co t x W -47 M1 m ililliiirilliiiililli a 111010,11111 Ili' 11 1j11L� I I,1i11111 11 ill � � L 114 1111 illj ., ail a01 :E L i 1 iilij 'i.6 I j 11'I :11.111 .„11j 1 j 11 11111 11. 11 1111111!�;f;j,111 11111 fII,11 1.. ' ill r4� 11 RW+4 bgt/fJS LT4S a.. ic.v . eras rem iIlI11 1'' i '1I, II��4u1rN'IN4,ly�t1!L�,I 1��1r 11 � IluI'�11t 1iWt111N11gg''i11 I1 1 -1lt 1 :11 rill' I1' k 4 II,i1►; i 1ro, 1; 1 1 111 I I 1 I * SL,rrs Caaara3.3 W 1 I. KWSIJnT H C1104 WwQ ,..nn nrrL.ai __ 00 � om.mlflwf�ll titIatalla m L1 m eUla• woad. Ern 11. 11 mita: Stitt ,SAIF f PERMIT AOM VANTAGE AT CORPUS CHRISTI 10113 w AMA AMD .5 CHRISM MEM 03R11. 'WAS 7410 SANITARY SEWER DETAILS L h r u K ...RDA =rat m 1 t 7" �Ta V.we MW .rr ANNA 11, W .M• I.aa• art 1,01.01 0.10 rni f$wr•e ot...f Li I 0?? M Corms o.Mrr ®7E PM IWOT AOH VANTAGE AT CORPUS CHRISTI 1011.] IP alvOl aceto maPiS OaLISTL MRCS OXIITY. WAS 71410 WATER SYSTEM DETAILS ewo0c � tn.a — 00•1•0.1 sa .MT i 1....91 Iss.. l • .T.,00r00 a-roaao AFF wa. 004R01" • i Page 10 of 10 LE X W am Vantage at Corpus Christi Civil Utility Improvemements Estimated Construction Costs BRD Job No. 116.001 6/3/16 CONSTRUCTION FEES Onsite Water Improvements: Quantity Unit Price Cost 1 2" Copper Pipe 185 LF $195.00 = $36,075.00 2 4" PVC Waterline 50 LF $25.00 — $1,250.00 3 6" PVC Waterline 360 LF $40.00 — $14,400.00 4 6" Ductile Iron Waterline 205 LF $60.00 = $12,300.00 5 8" PVC Waterline 3,870 EA $51.00 = $197,370.00 6 8" Water Tie-in 1 EA $2,300.00 = $2,300.00 7 6" Gate Valve with Valve Box 11 EA $1.300.00 = $14,300.00 8 8" Gate Valve with Valve Box 7 EA $1,500.00 — $10,500.00 9 Fire Hydrant 11 EA $6,000.00 = $66,000.00 10 Pipe Fittings All Sizes and Types 2 TON $4,000.00 — $8,000.00 11 4" Meter Assembly with Vault 1 EA $6,000.00 = $6,000.00 12 2" Meter Assembly with Box 15 EA $1,500.00 — $22,500.00 SUB -TOTAL (Onsite Water Improvements) $390,995.00 Onsite Sanitary Sewer Improvements: Quantity Unit Price Cost 1 6" PVC Sanitary Sewer 1,700 LF $32.00 = $54,400.00 2 8" PVC Sanitary Sewer 1,205 EA $42.00 = $50,610.00 3 8" Cleanout 1 EA $100.00 = $100.00 4 4" Fiberglass Manhole 5 EA $5,500.00 = $27,500.00 SUB -TOTAL (Onsite Sanitary Sewer Improvements) $132,610.00 Offsite Sanitary Sewer Improvements: Quantity Unit Price Cost 1 6" PVC Sanitary Sewer 5 LF $32.00 = $160.00 2 8" PVC Sanitary Sewer 930 EA $42.00 = $39,060.00 3 8" Cleanout 1 EA $100.00 = $100.00 4 4" Fiberglass Manhole 4 EA $5,500.00 = $22,000.00 SUB -TOTAL (Offsite Sanitary Sewer Improvements) $61,320.00 Exhibit 4 Page 1 of 3 Estimated Construction Costs BRD Job No. 116.001 6/3/16 Onsite Storm Drainage Improvements: Quantity Unit Price Cost 1 18" HDPE 1,085 LF $55.00 = $59,675.00 2 24" HDPE 1,225 EA $65.00 = $79,625.00 3 24" RCP Class 1I1 35 EA $90.00 = $3,150.00 4 10' Curb Inlet 7 EA $5,050.00 = $35,350.00 5 4'X4' Grate Inlet 5 EA $2,600.00 = $13,000.00 6 Discharge Structure 1 LS $5.500.00 e. $5,500.00 7 24" SET 1 LS $3.500.00 = $3,500.00 SUB -TOTAL (Onsite Storm Drainage Improvements) $199,800.00 ESTIMATION OF CONSTRUCTION FEES Water Improvements Onsite Sanitary Sewer Improvements Onsite Sanitary Sewer Improvements Offsite Storm Sewer Improvements Onsite Mobilization $390,995.00 $132,610.00 $61,320.00 $199,800.00 $45,000.00 TOTAL IMPROVEMENTS $829,725.00 Engineering and Survey (15%) 15.0% $124,458.75 10% CONTINGENCY 10.0% $82,972.50 OVERALL TOTAL $1,037,156.25 Exhibit 4 Page 2 of 3 Vantage at Corpus Christi Offsite Water Im 9 rovemements Estimated Construction Costs BRD Job No. 116.001 6/13/16 CONSTRUCTION FEES Water Improvements Quantity Unit Price Cost 6 Trench Protection 340.0 LF $1.50 = $510.00 7 6" PVC Waterline 340.0 LF $70.00 = $23,800.00 9 3/4" Short Service 4.0 LF $1,500.00 = $6,000.00 10 Valve Box 2.0 EA $500.00 = $1,000.00 11 6" Gate Valve 2.0 EA $1,450.00 = $2,900.00 13 Fire Hydrant 1.0 EA $5,000.00 = $5,000.00 14 Pipe Fittings All Sizes and Types 1.5 TON $4,200.00 = $6,300.00 15 6" Water Tie-in 1.0 EA $2,800.00 = $2,800.00 16 Hydrostaric Testing 1.0 EA $2,600.00 = $2,600.00 17 2" Temporary Blow -Off 2.0 LS $1,500.00 = $3,000.00 SUB -TOTAL (Water Improvements) $53,910.00 ESTIMATION OF CONSTRUCTION FEES Water Improvements $53,910.00 TOTAL IMPROVEMENTS $53,910.00 Engineering and Survey (15%) 15.0% $8,086.50 20% CONTINGENCY 20.0% $10,782.00 OVERALL TOTAL $72,778.50 LOT/ACREAGE REIMBURSEMENT OVERALL TOTAL $68,624.00 $4,154.50 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 r City of !IOh Corpus EE Christi DISCLOSURE OF INTERESTS City el Corpus CArI,lL Tae, Depenmees or Development Service, PO.Boa 9277 Carpus Christi, Tees 714694271 P61)126.1240 Loested at 2406 Leapud Sueel (Comm or Leopard Si. end Pan Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. If the question Is not applicable, answer "NA'. NAME. *M-Vanlage at Corpus Christi STREET: 7334 Blanco Road. Sults 200 CITY: San Antonio. Texas ZIP: 78216 FIRM Is: Corporation 0 Partnership 0 Sole Owner 0 Assoclation 0 Other DISCLOSURE QUESTIONS If additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the CIty of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Job Title and City Department Of known) NIA 2. State the names of each "official" of the CIty of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3e% or more of the ownership In the above named "firm". Name Board Commission, or Committee NiA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant NIA CERTIFICATE I certify that all Information provided Is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur Certifying Person David Starr Title: Manager (Print) I / Signature of Certifying Parson: ��1 / Date: S f t b / t G KIDEVELOFNFMSMIHA0ECALAND DEVELOPAON1'ORDtNANCE AD/ANISTRMIDMAWIUCAT10N FOR1151FORM3 AS PER L!GNd701TOISC D51 R OP INTERESTS STATDAENTI 27 I1 DOC Exhibit 6 Page 1 of 2 DEFINITIONS a. "Board Member'. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee'. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated In the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company,oint 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 IC 1DEVELOPMENTSVCSZSIIAREDLLANO DEVELOPMENRORDINANCE ADMNISTRAi10NUPPLICATION FOM SWDRAIS AS PER LEGA1110131DISCLDSURE OF INTERESTS STATEMENT' 1711 DOC Pa e 2 of 2 Exhibit 6 9 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: 2016-57630 Date Filed: 05/18/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place pofzb ieg �ss . .�Latage af'Corpus Christi, LLC San Antonio, 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 services, goods, or other property to be provided under the contract. Supercedes Cert 2016-38272 Water line Construction and Reimbursement Agreement, Lot 1 Block 1, Vantage at Upriver Road subdivision in the City of Corpus Christi, recorded in Vol 68, Pgs 552-553 of records of Nueces County 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Starr, David San Antnio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under of that the above disclosure is true and correct. ,tF % MIKE GOODWIN Notary Public, State Texas penalty perjury, dir ��� ,p $ of re ; E Comm. Expires 10-12-2019 ,,`,° `" Notary ID 12620842.3 �-1 1� • - Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said : �A� • ' 4\ IL P---,, this the 1 0- day of AI 20 (` , to certify hich, witness my hand and seal of office. c L-.1 -�--c c i-,., _,-.2..._--- 1, o a tz w o t 1�yl tiz Signature of officer administering oath Printed name of officer administering oath Title of officer admi istering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Vicinity Map VICINITY MAP VANTAGE AT UP RIVER ROAD VANTAGE AT UP RIVERRDAD 11 J 1 Aerial Overview AERIAL OVERVIEW VANTAGE AT UP RIVER RD t N 2 Aerial AERIAL MAP VANTAGE AT UP RIVER RD 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 11, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Closing a utility easement located at 4000 S. Staples CAPTION: Ordinance abandoning and vacating a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for American Electric Power (AEP) Texas Central Company to expand their facility located at 4000 S. Staples. BACKGROUND AND FINDINGS: American Electric Power (AEP) Texas Central Company (Owner) is requesting the abandonment and vacation of a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the expansion of the South Side Substation. Staff recommends the Owner pay no fair market value fee in accordance with City Code of Ordinance Section 49-13 because the Owner will be dedicating a utility easement to replace the existing one. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified condition of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to American Electric Power (AEP) Texas Central Company (Owner). c. The easement replacement must be dedicated within 180 days of Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Maps Ordinance abandoning and vacating a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. WHEREAS, American Electric Power (AEP) Texas Central Company (Owner) is requesting the abandonment and vacation of a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.041 -Acre portion of an existing utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of American Electric Power (AEP) Texas Central Company ("Owner"), a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples, as recorded in volume887, page 35 Deed Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to American Electric Power (AEP) Texas Central Company (Owner). c. The easement replacement must be dedicated within 180 days of Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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 1 CDS muerY ENGINEERS • SURVEYORS AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 0.041 OF AN ACRE UTILITY EASEMENT RELEASE EXHIBIT "A" BEING a 0.041 of an acre tract of land lying in Lots 7 and 8, Block 5 of the Hamlin Place Unit -2 as described and recorded in volume 22, page 26, Map Records of Nueces County, Texas, same being a portion of Lots 7 and 8 as described and recorded in volume 887, page 35 Deed Records of Nueces County, Texas, same also being described by a drawing (115206_PARCEL RELEASE.dwg dated June 22, 2016) attached to and made part hereof and more particularly described as follows: BEGINNING at a 1/2" iron rod found with plastic cap stamped "CDS/MUERY S.A. TX." in the northeast line of the aforementioned Lot 7 for the south corner of Lot 4, Block 5 of the Hamlin Place Unit -1 as described and recorded in volume 21, page 5, Map Records of Nueces County, Texas, and the west corner of a 1.00 acre tract of land as described and recorded in volume 336, page 168, Deed Records of Nueces County, Texas; THENCE along the northeast line of the aforementioned Lot 7, the northeast line of the aforementioned Lot 8 and the southwest line of the aforementioned 1.00 acre tract, S62°01 '54"E a distance of 143.00 feet (Record S61 °48'20"E) to a point for the east corner of the herein described 0.041 of an acre tract; THENCE leaving the northeast line of the aforementioned Lot 8 and the southwest line of the aforementioned 1.00 acre tract, along the southeast line a 15 foot utility easement as described and recorded in volume 22, page 26 Map Records of Nueces County, Texas, S27°52'33"W a distance of 73.63 feet to a point for an angle corner of the herein described 0.041 of an acre tract, from which a punch in concrete found in the northwest line of Block B of the Parkdale Shopping Center as described and recorded in volume 26, page 17, Map Records of Nueces County, Texas, for an angle corner of said Lot 8 and the northeast corner of Lot 9 of the aforementioned Block 5 bears S27°52'50"W a distance of 16.05 feet and N83° 13'21 "E a distance of 28.80 feet (Record N82°54' 14"E); THENCE leaving the southeast line of the aforementioned 15 foot utility easement, N83°13 '21"W a distance of 16.08 feet to a point in the northwest line of said 15 foot utility easement for the most southerly west corner of the herein described 0.041 of an acre tract; THENCE along northwest line of the aforementioned 15 foot utility easement, N27°52'33"E a distance of 74.44 feet to a point in the southwest line of a 5 foot utility easement as described and recorded in volume 22, page 26 Map Records of Nueces County, Texas, for an interior corner of the herein described 0.041 of an acre tract; THENCE leaving the northwest line of the aforementioned 15 foot utility easement, along the southwest line of the aforementioned 5 foot utility easement, N62°01'54"W a distance of 128.02 feet to a point for the most northerly west corner of the herein described 0.041 of an acre tract; Page 1 of 2 PARCEL RELEASE.docx June 22, 2016 3411 Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-1 1 I I • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 0.041 OF AN ACRE UTILITY EASEMENT RELEASE THENCE leaving the southwest line of the aforementioned 5 foot utility easement, N28°05'32"E a distance of 5.00 feet to the PLACE OF BEGINNING and containing 0.041 of an acre of land; The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, NAD 1983 (HARN), South Zone. THE STATE OF TEXAS KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR I, John T. Kubala, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision in March and April 2016. Date 24 day of _� r Page 2 of 2 PARCEL RELEASE.docx June 22, 2016 2016 A.D. ohn T. Kyibala Registered Professional Land Surveyor No. 4505 - State of Texas 3411 Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-1 1 1 1 • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 0- •- O - POB — P.R.N.C.— D.R.N.C._ R - (RECORD) - LEGEND 1/2" IRON ROD SET WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." FOUND MONUMENTATION UNMONUMENTED POINT PLACE OF BEGINNING DENOTES OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS PROPERTY LINES DENOTES DEED RECORDS OF `DN CALL NUECES COUNTY, TEXAS V1s FROM i 1 VOLUUME RD 21, PAGEEN 5, M.R.N.C. �/3vI vNI p LLACE 21,N IN P V01).$•R OAS 5 LOT 3 LOT 4 LOT 5 1/2" IRON ROD FOUND WITH CAP STAMPED "CDS/MUERY S.A. TX." N: 17,156,421.06 E: 1,345,375.34 POB EXHIBIT "B" Pg. 1 of 1 LOT 2 LEGAL DESC. PARCEL_RELEASE_REV.docx CDS JOB NO. 115206 BEARING BASIS: GRID NORTH COORDINATE SYSTEM: TEXAS STATE PLANE, NAD 1983(HARN), SOUTH ZONE ALL DISTANCES SHOWN ARE SURFACE. (GRID X 1.00002 = SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY. NO VISIBLE EASEMENTS OR EASEMENTS OF RECORD ARE DEPICTED HEREON. 1.00 ACRE VOL. 336, PG. 168 D.R.N.C. c S6� ,poss,. S.; .F 9!,"- )13 J R. LOT 34 1114 70 ,yo ?sItgY)4 PUNCH IN CONCRETE FOUND (RECORD N8254'14'E) N83' 13'21 "E 26.80' • n U 0QQ QAC. CD cro- - . Q S27'52'33"E 16.05' HAAI.LPV PLACE UNIT -2 STIP VOL. 22, PG. 26 M.R.N. C. V1, ,goiv LOT 9 0.041 OF AN ACRE EASEMENT HAMLIN PLACE UNIT -2 SUBDIVISION AEP TEXAS CENTRAL COMPANY NUECES COUNTY, TEXAS 200' 100' 0 200' •- CDS muerY ENGINEERS • SURVEYORS 3411 MAGIC 02120 SMI A41107110 T 12*0 78229 • 0 (210) 591-1111 121110) 581-5555 TUE MO. r-1233 • T999S M0.190495[0 DRAWN BY: K. HOHN JUNE 22, 2016 DRAWING NAME: PARCEL_RELEASE_REV.dwg AMERICAN® ELECTRIC POWER EXHIBIT C SOUTHSIDE SUBSTATION SITE LOCATION MAP N.T.S ADDRESS: 4000 SOUTH STAPLES STREET CORPUS CHRISTV, TX 78411 LAT: 27° 43' 55" N LONG: 97° 23' 00" W AERIAL OVERVIEW HAMLIN PLACE UNIT 2 - EASEMENT CLOSURE 1 N AERIAL MAP EASEMENT CLOSURE 1 N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 26, 2016 Second Reading Ordinance for the City Council Meeting of August 9, 2016 DATE: TO: July 11,2016 Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison — City Manager's Office AlyssaB@cctexas.com (361) 826-3356 Mike Markle, Chief of Police MikeMa@cctexas.com (361) 886-2603 Funding Agreement for Corpus Christi Downtown Management District's Bike Share Program CAPTION: Ordinance authorizing the City Manager or designee to execute a participation agreement for Bicycle Sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or his designee to execute Licenses for Use of City Property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") PURPOSE: The purpose of this item is to approve a three year Funding Agreement with the Corpus Christi Downtown Management District ("DMD"), for a Bike Share Program. BACKGROUND AND FINDINGS: In 2014, with the leadership of a new Executive Director, the CCDMD developed a Three -Year Strategic Plan. In fall 2014, Council motioned to support the CCDMD's new Three -Year Strategic Plan. In the DMD's Three -Year Strategic Plan, they identified exploring the feasibility of a Bike Share Program as one of their 68 action items. Through the 2015 Downtown Perception Survey, a "Bike Share Program," was among the top 10 programs/amenities residents wanted to see for Downtown. The DMD and a broad-based Bike Share Steering Committee researched this item and identified the turn -key offerings of Zagster as ideal for our community. They began to identify funding sources. DMD approached the Parking Advisory Committee for $30,000 and city departments for $20,000 funding. Due to General Fund challenges and the Zero Based Budgeting process, city departments were unable to commit funding. Staff recommended TIRZ funding as an alternative to General Funds. This brings total City funding to $30,000 per year for three years, beginning with FY 2017, subject to budget approvals. o $10,000 from Parking Improvement Fund o $20,000 from TIRZ Funds Additional funding participants are the Downtown Revitalization Alliance and Corpus Christi Regional Transportation Authority. ALTERNATIVES: The Council may chose not to approve this item. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $90,000 $90,000 BALANCE $90,000 $90,000 Fund(s): 1020 Comments: This item is subject to annual budget appropriations. RECOMMENDATION: Staff recommends approval of the motion to execute the DMD Bike Share Program LIST OF SUPPORTING DOCUMENTS: Ordinance — DMD Bike Share Program Agreement — Bike Share Program Presentation — DMD Bike Share Program Ordinance authorizing the City Manager or designee to execute a participation agreement for bicycle sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or her designee to execute licenses for use of City property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") Whereas, the Corpus Christi Parking Advisory Committee recommended the City contribute $30,000 to the Corpus Christi Downtown Management District for the Bicycle Sharing Program; Whereas, the Tax Increment Reinvestment Zone # 3 board has recommended the City contribute $60,000 for the Bicycle Sharing Program; Whereas, the Corpus Christi Regional Transportation Authority has committed $108,000 and Corpus Christi Downtown Management District has committed $30,000 for the Bicycle Service Program; and Whereas, the Corpus Christi Downtown Management District is the contract administrator for Bicycle Sharing Service Contract with Zagster, Inc. 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 the attached participation agreement for Bicycle Sharing Program with the Corpus Christi Downtown Management District to provide said District with $30,000 per year for 3 years for a total of $90,000 with changes and amendments thereto as approved by the City Attorney, subject to approval of funds by the Tax Increment Reinvestment Zone #3 and the City Council. SECTION 2. The City Manager or designee is authorized to execute licenses for use of City owned and/or controlled property and right-of-way to install bicycle racks for bicycle sharing service with Zagster, Inc. at locations determined by the City's Director of Development Services to not substantially impair the flow of traffic. 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 PARTICIPATION AGREEMENT FOR BICYCLE SHARING SERVICES This Participation Agreement is made by the City of Corpus Christi, Texas (the "City") and the Corpus Christi Downtown Management District (the "DMD"), pertaining to the implementation of a bicycle sharing service in the downtown area of Corpus Christi, Texas. 1. Zagster Contract. The DMD has entered into a contract with Zagster, Inc. to provide bicycle sharing services, bicycles and bicycle racks in the downtown area of Corpus Christi (the "Program"). The proposed locations of the bicycle racks are described on Exhibit A attached. A true and correct copy of the Master Services Agreement with Zagster, Inc. is attached as Exhibit B. The DMD has arranged for bicycle sharing services over a three-year period to be allocated as follows: DMD Share City Share RTA Share $30,000.00 $90,000.00 $108,000.00 2. Contract Administration. The DMD shall handle all contract administration and management in connection with the Program. 3. City Participation. The City's participation in this Program shall be funded through its Parking Improvement Fund and Tax Increment Reinvestment Zone #3. The City agrees to pay to the DMD the sum of $30,000.00 per year as its portion of the total estimated costs of the Program for 2016-2019. Nothing herein shall obligate the City to pay more than $90,000 in connection with the Program, and any additional fees or expenses incurred by the DMD shall be the sole responsibility of the DMD. The first payment shall be made after October 1, 2016 within 30 days of written request from the DMD. Subsequent year payments will be made after October 15t of that year within 30 days of written request from the DMD. 4. City Locations. The City agrees to cooperate with the DMD and Zagster in the location of the bicycle racks for the Program at the proposed locations shown on Exhibit A. To the extent that the actual locations of bicycle racks are on the City's property, Zagster will be required to obtain a license for the use of such locations for bicycle racks for the duration of the Program. Such licenses may require Zagster to indemnify the City, provide proof of insurance with the City as an additional insured, notification of surrounding property owners, compliance with the American with Disability Act, and approval by the City's Traffic Engineering and Development Service Departments. The exact locations of the bicycle racks on the City's property shall be subject to the approval of the City Manager or her designee. 5. Terni. This Agreement shall be for a term of three years from October 1, 2016 through September 30, 2019. 6. Amendments. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of both parties hereto. 7. Enforceability. This Agreement shall be interpreted, construed and governed by the laws of the United States and the State of Texas and shall be enforceable in any court of competent jurisdiction in Nueces County, Texas. The DMD shall comply with all applicable federal, state and local laws, rules and regulations in performing under this Agreement. 8. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, retum receipt requested. City: City of Corpus Christi, Texas Attn: City Manager 1201 Leopard Street Corpus Christi, Texas 78401 DMD: Corpus Christi Downtown Management District 223 N. Chaparral Street, Suite A Corpus Christi, Texas 78401 9. Non -appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City and the Tax Increment Reinvestment Zone #3 Board to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Each Party paying for the performance of services must make those payments from current revenues available to the paying party. 10. No Third-Partv Beneficiaries. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. 11. Relationship of the Parties. Nothing contained in this agreement shall be construed to create a partnership, joint venture, or a relationship of employment or agent. Neither Party hereto shall have any authority to create or assume in the other's name or on its behalf any obligation, express or implied, nor to act or purport to act as the other's agent or legally empowered representative for any purpose whatsoever. 12. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the matters covered by this document. C:Users.Terry Sweeney.DMDTECH021AppData'..LocaI.Mlcrosoft'.WindowstiTemporary Internet FIles \Conient.Dutiook\VN3RMGM0116 Zagster Participation City BB 13Juiy16.docx Page 2 Executed this day of July, 2016. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI DOWNTOWN MAN ENT r !STRICT By: B Margie Rose, City Manager Ter 7 Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: By: Buck Brice Assistant City Attorney for City Attorney Sw:.eney, Execut e Director C:IUsers\Terry Sweeney.DMDT5CH021AppData'LocaI Microsoh,WindowslTemporary Internet Files\Content.Outiook\VN3RMGM0116 Zagster Participation City BB 13JuIy16.docx Page 2 EXHIBIT A Proposed RTA Supported Locations 1. La Retama Park Bus Stop area 2. RTA Customer Service Center Proposed DMD/DRA and City Supported Locations 1. Peoples St./Shoreline Bus Stops Kaps ME 1 2. Visitor's Center Area 3. Bay Shore Park � Zagster Order Company Information Bill To: Corpus Christi Downtown Management District 223 N Chaparral St : Ste A Corpus Christi, Texas 78401 United States Payment Terms Payment Terms: Net 30 Days EXHIBIT B Zagster Inc 24 Thorndike Street Cambridge, Massachusetts 02141 United States 844-ZAGSTER Billing Frequency: Annual Product & One Time Fee Lines Product & OneTlme Fee Zagster Standard Adult Bike Bike Parking Space (included with Bike) Location rmplementation/Setup Fee Custom Bike Extra BlkeParking Space Custom Bike Service Lines Service Service Fee per Bike - Annual Service Fee per Bike Annual Service Fee per Bike -Annual Theft Fee per Bike - Annual Order S0-0001047 Description ORDER tor Corpus Christi Downtown Management District Order SO -0001047 Date 6/28/2016 Prepared by Michael Sheppard Billing Contact: Terry Sweeney Billing Email: terry@cctexasdmd com Billing Phone: (361) 882-3832 City of Corpus Christi Parking Advisory Fund - Pro -Rated Launch Marketing for Corpus Christi Bike Share Corpus Christi Downtown Management District and Downtown Revitalization Alliance - Pro -Rated Launch Marketing for Corpus Christi Bike Share Description Corpus Christi Downtown Management District and Downtown Revitalization Alliance Corpus Christi Regional Transit Authority City of Corpus Christi Parking Advisory Fund Subject to increase or reduction based on actual number of Bicycles Installed Quantity 30.00 $0.00 30 00 $0.00 6 00 $0 00 Unit Price Total $0 00 $0 00 $0.00 1.00 $3,000 00 $3 000 00 20 00 $0 00 $0 00 1 00 53,000 00 53,000 00 Date Start - Date End Quantity Term 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 Unit Price Total $1,800 00 5.00 3 YrNr$27,000 00 $1,800 00 20.00 3 YrNr $108,000 00 $1.800 00 5.00 3 Yr Nr $27,000 00 30 00 3 Yr $0 001Yr $0 00 Products and Services Total $168,000.00 Net Amount 8168,000.00 Total Applied Payments $0 00 Balance Due Amount: $60,000.00 Signatures on Last Page Pago 1 c:f Additional Terms Location I mplementation/Setup Fee Company will pay to Zagster the nonrefundable product and one time fees in the amounts, if any, described above, within 30 days of the Order Date. Service Fee per Bike - Annual Company will pay to Zagster the nonrefundable recurring fees (the °Service Lines Fees' ) set forth above 30 days prior to estimated start date ("Date Start") set forth above. Service Lines Fees are due annually, up front and in advance Zagster will not launch the bike share program until the Service Lines Fees are paid. Christi Downtown Management District Zagster, Inc Signature Name (Please Print) Name (Please Print) nlecLI4-:v eibf Title Title Date Date All rights reserved. Copyright Zagster, Inc Order SO -0001047 Page 2 of 2 Zagster a better way to hike ATTACHMENT 1 TO ZAGSTER, INC. ORDER FORM FOR CORPUS CHRISTI. TEXAS Master Services Agreement This term (the "Term") of this Master Services Agreement shall be as set forth in the Order Form between the parties dated as of the Effective Date (the "Order Form"). Schedule A Zagster Services and Fees 1. Description of Zagster Service. During the term of this Agreement, Zagster will provide to Company the following (collectively, the "Zagster Service"): a The Zagster Bicycles set forth in Section 5 below and the right for Users to access and use the Zagster Bicycles as described in Section 9 below. b A Site Survey to determine the Locations and Launch Date. c. A license to use Zagster's proprietary bicycle rental management software (the "Zagster Software") and accompanying user information (the "Documentation") pursuant to Section 7 below d Routine maintenance on the Zagster Bicycles to address usual and customary wear and tear maintenance on the Zagster bicycles as described in more detail in Section 8 below. Company acknowledges that routine maintenance does not cover abuse, theft, vandalism, accident and/or similar issues while the bicycles are not in use by Users unless Company has elected to include such coverage and has paid the applicable fees set forth in Section 5 below. e. Automated locks and bicycle racks to be used with the Zagster Bicycles, subject to payment of the one lime fee described in Section 4 below. f. Zagster marketing materiars (the "Zagster Marketing Materials"). g. Zagster customer services for Users as they are generally commercially available from time to time. 2. Term of Agreement; Exclusivity. The initial term of this Agreement will commence on the date as set in the Order Form and, unless terminated earlier in accordance herewith, will continue for a period 0112 months from the Launch Date. This Agreement will automatically renew for successive 12 month periods unless either party gives the other written notice of termination at least thirty (30) days prior to the end of the then•current term. During the term of this Agreement, Company agrees that Zagster shall be the only bicycle sharing and+or bicycle rental service promoted and used by Company. Unless otherwise mutually by the parties in writing, Zagster will not increase the fees payable hereunder for any renewal term. 3. Launch Date; Site Survey. Company acknowledges and agrees that Zagster may perform a survey of the site where Company desires that the Zagster Bicycles be Installed. Zagster will perform this survey promptly after the Effective Date and the parties will mutually agree on the location of Installation and the date the Zagster Service will be launched at that location. For purposes hereof, the "Launch Date" means the date on which the Zagster Service is fully implemented for Company at the first launch Location. The launch of the Zagster Service on the Launch Date is subject to both Zagster and the Company fulfilling all of their obligations under this Agreement which are required to be fulfilled to enable Zagster to launch the Zagster Service, including without limitation payment of the one-time fee set forth in Section 4 below. Promptly after the Launch Date, Zagster will provide Company with a Launch Notification Form, which will inform Company of the mutually agreed to Initial installation Location and the Launch Date. Additional Locations or Bikes may be added from time to time by mutual written agreement of the parties). (Remainder of page Intentionally left blank) 4. One Time Fees. Company will pay to Zagster non-refundable one-time fees in the amounts described in the Order Form to set-up and install the Zagster Bicycles at the locations set forth in the Launch Notification Form (the "Locations") and for such other materials as may be mutually agreed to by the parties and set forth in the Order Form. The Company will pay the one- time fees to Zagster on or before the Launch Date. 5. Fees and Number of Zagster Bicycles. During the Term, Zagster will provide the number of bicycles ("Zagster Bicycles") at the Locations set forth in the Launch Notification Form as set forth in the Order Form. The number of Zagster Bicycles may be increased, with a corresponding increase in the Recurring Fees to be paid by Company, by mutual written agreement of the parties. Recurring Fee payment terms are described in the Order Form. Provided, Zagster understands and agrees that Locations may be on the property of third parties not controlled by Company. Company will attempt to collect the fees required hereunder for such Locations and remit such fees to Zagster. However, Zagster agrees that Company shall not be responsible or liable for the payment of any fees associated with Locations on the property of third parties. In the event any third party fails to pay the fees required in the Order Form, Company will notify Zagster of such failure to pay and Zagster's sole remedy shall be to decline to install the Zagster Bicycles or to provide any other Zagster Service with respect to such third party (or to remove the Zagster Bicycles and terminate the Zagster Services with respect to such third party if the Zagster Bicycles and Zagster Services have previously been provided). Accordingly, Company acknowledges and agrees that Zagster will not launch such Locations unless and until Zagster has been paid in full for the applicable fees for such Locations. 6. Marketing. Zagster will provide to Company (a) a Zagster Account Manager and (b) the Zagster Marketing Materials to promote Zagster's bike sharing program. In addition, Zagster will provide the Company with Zagster's standard signage (the "Zagster Signage") at or adjacent to all Zagster locations at the locations set forth in the table above (the "Locations"). Prior to the Launch Date, Zagster will also provide the Company's marketing contact with training on the Zagster Service and the use of the Zagster Software. This training may be provided on site or online at Zagster's discretion. 7. License Grant. Subject to the terms and conditions of this Agreement and payment of the fees described herein, Zagster hereby grants Company a non-exclusive, non -transferable license in the United States for the term of this Agreement to access and use the Zagster Software as hosted by Zagster and the related Documentation solely for Company's management of the Zagster Bicycles at the Locations. Company mreay not redistribute or permit third parties to access or use the Zagster Software. Company agrees to maintain the security and confidentiality of the user names and passwords provided by Zagster to the Company in connection with Company's use of the Zagster Software. Except for the rights granted to Company in this Section, all right, title and interest in and to the Zagster Software and the Documentation, including without limitation alt intellectual property embodied therein, shall remain exclusively in Zagster. The license granted hereunder includes no rights in or to the source code versions of the Zagster Software or to the object code version of the Zagster Software, other than to the object code version as hosted by Zagster. Neither Company nor its employees shall attempt to reproduce, copy, disassemble, alter, decompile or otherwise reverse engineer or modify or create derivative works of the Zagster Software in any way. Neither Company nor its employees shall make access 10 the Zagster Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. 8. Maintenance Services. Zagster will provide the following maintenance services (the costs of which will be included in the Recurring Fees as outlined in Section 5 above) with respect to the Zagster Bicycles (the "Maintenance Services"): a. Zagster maintenance personnel will visit each of the Locations on a regular basis to inspect the Zagster Bicycles and perform the following maintenance services on the Zagster Bicycles: (i) replace worn tires, (ii) replace worn drive train components, (iii) clean and lube drive train components, and (iv) general cleaning. b. Zagster will, at Zagster's sole option, either replace or fully refurbish the Zagster Bicycles as reasonably necessary, but no less frequently than every three years from the Launch Date. 9. Zagster Membership a. Generally. Each person that has been authenticated by Zagster and is a Zagster member in good standing shall be eligible to use the Zagster Bicycles (a "User") at the usage rates set forth at www.zagster.com and subject to Zagster then current policies and procedures, including without limitation the terms and conditions of Zagster's member agreement. To become a Zagster member, a person shall complete Zagster's membership application and, if approved for membership by Zagster, shall enter into Zagster's member agreement in the form set forth at www.zagster.com. Zagster may revise the membership application and member agreement, as well as membership fees, from time to time at its sole discretion. Zagster owns all right, title and interest in and to any and all information and data submitted to Zagster by Users and prospective users. Company will have the right to set the usage fees charged to Users for use of the Zagster Bicycles and Zagster will publish such rates to Users. Notwithstanding the foregoing, if Company is a hotel, Zagster agrees that Company's guests may use the Zagster Bicycles as Users without becoming a Zagster member provided that Company requires the User to sign Zagster's standard liability waiver in the form provided by Zagster to Company from time to time (the "Waiver") and Company shall retain the originally signed Waivers for a period of at least six (6) years from the date of each use by a User. b. Payment of Membership and Usage Fees. Users shall be responsible for paying. via credit card, Zagster's annual membership fee, usage fees, and such additional fees and charges as set forth at www.Zagster.com, as adjusted from time to time in Zagster's sole discretion. All fees paid by Users will be processed by Zagster's third party credit card processor and Zagster will not receive, process, retain or maintain any credit card data. Zagster will share a portion of the usage fees actually collected from Users that use the Zagster Bicycles at the Locations with Company less usage fees which Zagster credits or reimburses the User (the "Net Usage Fees"). Within thirty (30) days from the end of each calendar quarter during the Term, Zagster will remit to Company 93% of the Net Usage Fees and a report summarizing the calculation of Net Usage Fees. Zagster may offset against the Net Usage Fees any and all other amounts, fees, or charges due from Company to Zagster hereunder. (Remainder of page intentionally left blank) Schedule B Company Obligations 1. Generally. During the term of the Agreement, Company will: (a) Permit Zagster personnel to access each Location, at mutually agreed dates and times, to perform a site survey, take pictures of the Location, and otherwise review and inspect the Location with Company personnel to determine a mutually agreed to area at each Location to Install the Zagster Signage, Zagster Bicycles and Zagster bicycle racks. (b) Provide the required square footage in a mutually agreed to area at each Location to enable Zagster to Install the Zagster bicycle racks and Zagster Bicycles and provide the necessary additional space for any mutually agreed to increase in the number of Zagster Bicycles. In addition, Company agrees to receive shipments of the Zagster Bicycles and related materials and will store the Zagster Bicycles and related materials in a secure location until Zagster personnel arrive to install same. Company shall permit Zagster to dispose of shipping materials at the Locations and provide access to Company's trash facilities in connection with same. (c) Permit Zagster personnel to access each Location, at a mutually agreed to date and time, to set-up and install the Zagster Bicycles and Zagster Signage at the Locations, Including installation of appropriate bicycle racks to be provided by Zagster, and to take pictures of the Zagster Bicycles as installed at each Location. Only upon its prior written authorization (which shall not be unreasonably withheld) will Company agree to allow Zagster to use the pictures for marketing Zagster Services. (d) Permit Zagster personnel to access the Locations during normal business hours Monday --Friday, or as may be otherwise required, to provide Maintenance Services. Company will provide Zagster with an appropriate number of parking passes to be provided to Zagster personnel to enable Zagster personnel to access the Locations without charge. (e) Keep all Locations where Zagster Bikes are stored clean and debris—free in substantially similar condition to the condition as of the Launch Date, and comply with Zagster's then standard requirements for the Zagster Service. 2. Marketing. (a) information. Following the Effective Date, Company will provide to Zagster the information and materials required to implement the Zagster Service at the Company's Locations. (b) Marketing Contact. Company will assign and maintain an appropriate Company contact who will (i) have responsibility for all interactions with Zagster regarding matters covered by this Agreement, (ii) be reasonably accessible to Zagster during normal business hours, and (Iii) use the Zagster Marketing Materials to promote the availability of Zagster Bicycles and/or work with Zagster to create relevant materials. Company acknowledges and agrees that the success of the program will depend on the level of marketing support provided by the Company. The marketing contact will be responsible for training Company's employees with respect to the Zagster Service and the Zagster Software (c) Marketing Obligations. Company's marketing contact will coordinate marketing opportunities with Zagster and will assist Zagster in marketing the Zagster Service to Users and prospective users. The Company may use the Marketing Materials for the sole purpose of marketing the Zagster Service to Users and prospective users. Further, If Company desires to create custom email communications or other marketing materials, Company may do so subject to Zagster's prior review and approval, which will not be unreasonably withheld or delayed. Zagster may provide any approvals required under this section via email. Zagster shall not distribute or publish any Marketing Materials contemplated under this Agreement, or otherwise make any public statements in any social forum or medium relating to this Agreement or referencing this arrangement with the Company without the prior written consent of the Company (which shall not be unreasonably withheld). (d) Zagster Marketing Rights. Company, at Its sole discretion, will provide Zagster with a list of Company's prospective users of the Zagster Bicycles, which list shall include name, e-mail address, and other mutually agreed to information (the "Marketing List"). Company hereby agrees that Zagster may use such Marketing List to send marketing information and materials about Zagster and the Zagster Bicycles available at the Locations, provided, that Zagster receives prior written approval of the proposed marketing information from Company (which shall not be unreasonably withheld) and that Zagster provides the recipients with the ability to opt -out of receiving future communications. 3. Zagster Bicycles. (a) Company will use reasonable efforts to report any maintenance issues relating to Zagster Bikes or the Zagster Bike Racks or facility on Company premises. Such reasonable efforts by the Company will be construed only to mean a general visual inspection to look for flat tires, obvious and material cosmetic defects to the bicycles and/or racks, and graffiti. Zagster will respond to all maintenance issues reported by Company as soon as commercially practicable. (b) At Zagster's request, unless Company has elected Damage Coverage. Company shall reimburse Zagster for the costs, Including costs of labor, to replace and/or repair Zagster Bicycles (only if it is apparent that such Bicycles are vandalized, stolen or damaged while not in use by a User but not for normal or expected wear and tear due to routine usage nor for damage, vandalism, or Zagster Bicycles stolen while in use by a user), Zagster automated locks, and/or Zagster bicycle racks that have been vandalized, stolen, and/or damaged by accident or misuse or abuse. Zagster shall invoice Company for such costs on a regular basis and shall accompany the invoice with supporting documentation. Company shall pay such invoices within thirty (30) days of receipt. (c) Company will use Its commercially reasonable best efforts to promptly remove all non--Zagster bicycles from the Zagster bicycle racks at the Locations. (Remainder of page intentionally left blank] Schedule C Terms and Conditions 1. Services; Relationship of the Parties. Subject to the terms and conditions of this Agreement, Zagster will provide the Zagster Service set forth in Schedule A and Company will perform the obligations set forth on Schedule B. The relationship of the parties to this Agreement is solely that of independent contractors. Neither party will have any authority to contract with third parties on behalf of the other party or to expressly or Impliedly represent that it has any such authority, to any person. 2. Payment Terms. Other than the One Time Fees, which shall be due and payable in accordance with Schedule A, all fees payable hereunder are due within 30 days from the date of Zagster's invoice. If Company fails to pay an Invoice in a timely manner, Zagster will give Company written notice. If Company fails to make payment within 10 business days of Zagster's notice, then (a) Zagster will have the right to enter Company's property after Zagster notifies Company of its intention to remove its equipment during normal business hours and remove the Zagster Bicycles and Zagster bicycle racks, signage and any other Zagster materials, and Company will be liable for all fees, costs, and expenses actually incurred by Zagster in connection with such removal, and (b) interest will accrue on all amounts due from the original date due to the date paid, at the lesser of 12% per year or the highest rate permitted by applicable law. Company will pay all taxes or other govemmental charges (including import duties) levied in connection with the Services. 3. Insurance. During the term of this Agreement, Zagster will maintain appropriate business and liability Insurance protection covering its activities hereunder. 4. Publicity. Zagster may release a press release announcing the parties' relationship hereunder with the prior consent of Company, which shall not be unreasonably withheld. Unless otherwise expressly permitted in this Agreement, neither party will use the other party's name, logos, trademarks or service marks in any manner without the other party's prior written approval. Company must first expressly approve in writing any and all proposed uses of the Company' name, logos, trademarks and service marks (i) to, create marketing and advertising materials for Company to use to promote the Service to its employees and (ii) on Zagster's customer list which will be displayed on Zagster's website and in other publications. Each party consenting to use of its Marks hereunder shall remain the sole and exclusive owner of all right, title and interest in and to its Marks and the goodwill associated therewith. Upon termination of this Agreement, such use of the other party's Marks shall immediately cease. 5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAGSTER MAKES NO WARRANTIES WITH RESPECT TO THE ZAGSTER SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. NO WARRANTY IS MADE THAT THE ZAGSTER SERVICE WILL MEET COMPANY'S REQUIREMENTS. 6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT WITH RESPECT TO COMPANY'S PAYMENT OBLIGATIONS AND EACH PARTY'S CONFIDENTIALITY OBLIGATIONS, NEITHER PARTY'S LIABILITY HEREUNDER WILL EXCEED THE FEES PAID AND PAYABLE FOR THE ZAGSTER SERVICE THAT IS THE SUBJECT OF THE CLAIM. COMPANY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION REPRESENT A REASONABLE ALLOCATION OF RISK THAT IS REFLECTED IN THE FEES PAID BY COMPANY. THE FOREGOING LIMITATION OF LIABILITY IS NOT INTENDED TO LIMIT EITHER PARTY'S LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 7. Confidentiality; Suggestions. Each party acknowledges that during the term of this Agreement the other party may disclose information, whether orally, visually, or in tangible form, that Is proprietary and confidential to the disclosing party and is disclosed or marked as proprietary or confidential (hereafter "Confidential Information") and that the unauthorized disclosure of Confidential Information may cause irreparable harm to the disclosing party. Zagster acknowledges that Company's prospective user lists (if applicable) are proprietary to Company and Zagster will not use them, other than to provide Zagster Service hereunder, without Company's permission. Each party shall only use the Confidential Information to perform its obligations hereunder and will take all reasonable measures to safeguard and prevent the unauthorized disclosure of Confidential Information, but no less than the measures it takes to safeguard its own confidential information, including without limitation disclosing Confidential Information only to those of its employees with a need to know such information to perform their obligations hereunder and which have been advised of the confidential nature of the Information and have agreed to protect the Confidential Information to the same extent as Company hereunder. The parties acknowledge that it will be impossible to measure the damages that would be suffered by one party if the other party fails to comply with the provisions of this Section 7 and that in the event of any such failure, such party will not have an adequate remedy at law and shall. therefore, be entitled, in addition to any other rights and remedies, to seek specific performance of the receiving party's obligations and to seek immediate injunctive relief with respect thereto. Company may, from time to time, provide suggestions, techniques, know-how, comments, feedback or other input to Zagster with respect to the Zagster Service (collectively. "Suggestions"). Both parties agree that each Suggestion is and shall be given entirely voluntarily. Each Suggestion. even if designated as confidential by Company shall not, absent a signed, written agreement with Zagster, create an obligation of confidentiality for Zagster. Company agrees that it shall not give any Suggestion that is subject to license terms or restrictions that seek to require any Zagster technology, service, product or documentation incorporating or derived from such Suggestion, or any Zagster Intellectual property, to be licensed or otherwise shared with Company or any third party. Furthermore, Company hereby assigns all right, title and interest in and to Suggestions to Zagster including without limitation all intellectual property rights therein, and will take any and all actions reasonably requested by Zagster to effect such assignment. B. Termination. a. Company shall have a one-time right to terminate this Agreement, with such termination to be effective on the 60th day following the Effective Date, by providing written notice to Zagster at least ten (10) days prior to such 60th day. If Company does not exercise the foregoing right in accordance with the foregoing sentence, Company will have no further right to terminate this Agreement other than in accordance with Section 8(b) below. Should Company exercise its right to terminate the Agreement by the 60th day following the Effective Date, Company shall be liable only for the One Time Fees and for the Recurring Fees for the number of months Company has subscribed to the Zagster Service (plus any number of days beyond the last full month the Agreement Is in effect on a pro -rated basis). b. If either party breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of that breach from the other party, then the other party may terminate this Agreement effective as of the end of that period. The commitment of an act of bankruptcy (such as a giving general assignment for the benefit of creditors) or the filing of a bankruptcy petition will be deemed a breach if not vacated within thirty (30) days of filing. It is recognized that some breaches are not capable of cure, such as a cessation of business, With respect to any such incurable breach by a party, if it remains possible to give notice, then upon such written notice by the other party this Agreement will be deemed terminated. 1111 is not possible then this Agreement will be deemed to terminate automatically upon such breach. In addition, if Company has entered into this Agreement in its capacity as a multi -family property owner or management company, Company may terminate this Agreement with written notice to Zagster terminating this Agreement within 30 days of the consummation of a change of control of Company which results In the assignment of this Agreement to Company's successor. c. No termination for cause will be deemed a waiver of any claim for damages by the terminating party. d. Upon the termination of this Agreement, each party will promptly destroy or, on the other party's request, retum all of the other party's Confidential Information, Including all copies thereof. The payment and fee provisions of Schedule A shall survive any termination or expiration of this Agreement with respect to any unpaid fees due and owing hereunder. Sections 5. 6, 7. 6. and 9 of this Schedule C shall survive any termination or expiration of this Agreement 9. Miscellaneous. Each party represents and warrants to the other that it has the authority to enter into this Agreement and is not under any obligation to any third party that would conflict with this Agreement. This Agreement, including all of the Schedules hereto, is the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior and contemporaneous agreements and understandings, oral and written, between the parties with respect to the subject matter hereof. Additional or different terms in any purchase order or similar document will not modify or add to the terms of this Agreement unless mutually agreed in writing by the parties. This Agreement may be amended only by a written agreement between the parties. If one party fails to enforce any provision of this Agreement, such party will not be precluded from enforcing the same provision at another lime. This Agreement and the rights granted under it may not be assigned or transferred by either party without the written consent of the other party; provided, however, either party will have the right to assign this Agreement to its successor in the event of a merger, acquisition or other consolidation, including without limitation the sale of all or substantially all of Its assets or stock or business to which this Agreement relates. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the parties and the remaining terms and conditions of this Agreement will remain In full force and effect. This Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of laws provisions thereof. The parties agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located In Boston, Suffolk County, Massachusetts, and consent to the exclusive jurisdiction of such courts. In the event of any adjudication of any dispute under this Agreement, the prevailing party in such action will be entitled to reimbursement of its attorneys' fees and related costs by the other party. The paragraph headings contained in this Agreement are for convenience only and are not Intended to be used nor may they be used in the interpretation of this Agreement. Neither party will be responsible for delays or failures in performance resulting from acts beyond its control. Such acts include but are not be limited to acts of God, labor conflicts, acts of war or civil disruption, governmental regulations imposed after the fact, public utility out failures, Industry wide shortages of labor or material, or natural disasters. 10. Indemnification. Notwithstanding any limitations on liability that have been previously stated, Zagster agrees to defend, Indemnify and hold harmless Company, Company's affiliates, its officers, directors, shareholders, members, employees or agents from any and all third party claims asserted against Company by a third party ('Third Party Claims") alleging (i) the gross negligence or willful misconduct of Zagster or its employees in the performance of the services hereunder (ii) infringement by the Zagster Software or Zagster trademarks of the third party's intellectual property rights; and Zagster shall pay all damages awarded by a court of competent jurisdiction or agreed to In settlement with respect to such Third Party Claims; provided, that (I) Company shall provide Zagster with written notice promptly upon leaming of any Third Party Claims or complaints that may reasonably result In the indemnification of Company, provided, however, that failure by Company to provide notice to Zagster shall not relieve Zagster of its obligations under this Section unless such failure prejudices Zagster's defense or settlement of the Third Party Claim; (11) Company will permit Zagster to control the defense and settlement of the Third Party Claim. provided Zagster may not settle the Third Party Claim in a manner adverse to Company or which would impose liability on Company without Company's prior written consent (which will not be unreasonably withheld or delayed); and (iii) Company will provide Zagster with assistance in the defense and settlement of the Third Party Claim at Zagster's expense. Company may (at Its own cost) engage its own counsel to participate In the defense and settlement of the Third Party Claim. PARTICIPATION AGREEMENT FOR BICYCLE SHARING SERVICES This Participation Agreement is made by the City of Corpus Christi, Texas (the "City") and the Corpus Christi Downtown Management District (the "DMD"), pertaining to the implementation of a bicycle sharing service in the downtown area of Corpus Christi, Texas. 1. Zagster Contract. The DMD has entered into a contract with Zagster, Inc. to provide bicycle sharing services, bicycles and bicycle racks in the downtown area of Corpus Christi (the "Program"). The proposed locations of the bicycle racks are described on Exhibit A attached. A true and correct copy of the Master Services Agreement with Zagster, Inc. is attached as Exhibit B. The DMD has arranged for bicycle sharing services over a three-year period to be allocated as follows: DMD Share City Share RTA Share $30,000.00 $90,000.00 $108,000.00 2. Contract Administration. The DMD shall handle all contract administration and management in connection with the Program. 3. City Participation. The City's participation in this Program shall be funded through its Parking Improvement Fund and Tax Increment Reinvestment Zone #3. The City agrees to pay to the DMD the sum of $30,000.00 per year as its portion of the total estimated costs of the Program for 2016-2019. Nothing herein shall obligate the City to pay more than $90,000 in connection with the Program, and any additional fees or expenses incurred by the DMD shall be the sole responsibility of the DMD. The first payment shall be made after October 1, 2016 within 30 days of written request from the DMD. Subsequent year payments will be made after October 15t of that year within 30 days of written request from the DMD. 4. City Locations. The City agrees to cooperate with the DMD and Zagster in the location of the bicycle racks for the Program at the proposed locations shown on Exhibit A. To the extent that the actual locations of bicycle racks are on the City's property, Zagster will be required to obtain a license for the use of such locations for bicycle racks for the duration of the Program. Such licenses may require Zagster to indemnify the City, provide proof of insurance with the City as an additional insured, notification of surrounding property owners, compliance with the American with Disability Act, and approval by the City's Traffic Engineering and Development Service Departments. The exact locations of the bicycle racks on the City's property shall be subject to the approval of the City Manager or her designee. 5. Terni. This Agreement shall be for a term of three years from October 1, 2016 through September 30, 2019. 6. Amendments. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of both parties hereto. 7. Enforceability. This Agreement shall be interpreted, construed and governed by the laws of the United States and the State of Texas and shall be enforceable in any court of competent jurisdiction in Nueces County, Texas. The DMD shall comply with all applicable federal, state and local laws, rules and regulations in performing under this Agreement. 8. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, retum receipt requested. City: City of Corpus Christi, Texas Attn: City Manager 1201 Leopard Street Corpus Christi, Texas 78401 DMD: Corpus Christi Downtown Management District 223 N. Chaparral Street, Suite A Corpus Christi, Texas 78401 9. Non -appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City and the Tax Increment Reinvestment Zone #3 Board to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Each Party paying for the performance of services must make those payments from current revenues available to the paying party. 10. No Third-Partv Beneficiaries. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. 11. Relationship of the Parties. Nothing contained in this agreement shall be construed to create a partnership, joint venture, or a relationship of employment or agent. Neither Party hereto shall have any authority to create or assume in the other's name or on its behalf any obligation, express or implied, nor to act or purport to act as the other's agent or legally empowered representative for any purpose whatsoever. 12. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the matters covered by this document. C:Users.Terry Sweeney.DMDTECH021AppData'..LocaI.Mlcrosoft'.WindowstiTemporary Internet FIles \Conient.Dutiook\VN3RMGM0116 Zagster Participation City BB 13Juiy16.docx Page 2 Executed this day of July, 2016. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI DOWNTOWN MAN ENT r !STRICT By: B Margie Rose, City Manager Ter 7 Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: By: Buck Brice Assistant City Attorney for City Attorney Sw:.eney, Execut e Director C:IUsers\Terry Sweeney.DMDT5CH021AppData'LocaI Microsoh,WindowslTemporary Internet Files\Content.Outiook\VN3RMGM0116 Zagster Participation City BB 13JuIy16.docx Page 2 EXHIBIT A Proposed RTA Supported Locations 1. La Retama Park Bus Stop area 2. RTA Customer Service Center Proposed DMD/DRA and City Supported Locations 1. Peoples St./Shoreline Bus Stops Kaps ME 1 2. Visitor's Center Area 3. Bay Shore Park � Zagster Order Company Information Bill To: Corpus Christi Downtown Management District 223 N Chaparral St : Ste A Corpus Christi, Texas 78401 United States Payment Terms Payment Terms: Net 30 Days EXHIBIT B Zagster Inc 24 Thorndike Street Cambridge, Massachusetts 02141 United States 844-ZAGSTER Billing Frequency: Annual Product & One Time Fee Lines Product & OneTlme Fee Zagster Standard Adult Bike Bike Parking Space (included with Bike) Location rmplementation/Setup Fee Custom Bike Extra BlkeParking Space Custom Bike Service Lines Service Service Fee per Bike - Annual Service Fee per Bike Annual Service Fee per Bike -Annual Theft Fee per Bike - Annual Order S0-0001047 Description ORDER tor Corpus Christi Downtown Management District Order SO -0001047 Date 6/28/2016 Prepared by Michael Sheppard Billing Contact: Terry Sweeney Billing Email: terry@cctexasdmd com Billing Phone: (361) 882-3832 City of Corpus Christi Parking Advisory Fund - Pro -Rated Launch Marketing for Corpus Christi Bike Share Corpus Christi Downtown Management District and Downtown Revitalization Alliance - Pro -Rated Launch Marketing for Corpus Christi Bike Share Description Corpus Christi Downtown Management District and Downtown Revitalization Alliance Corpus Christi Regional Transit Authority City of Corpus Christi Parking Advisory Fund Subject to increase or reduction based on actual number of Bicycles Installed Quantity 30.00 $0.00 30 00 $0.00 6 00 $0 00 Unit Price Total $0 00 $0 00 $0.00 1.00 $3,000 00 $3 000 00 20 00 $0 00 $0 00 1 00 53,000 00 53,000 00 Date Start - Date End Quantity Term 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 Unit Price Total $1,800 00 5.00 3 YrNr$27,000 00 $1,800 00 20.00 3 YrNr $108,000 00 $1.800 00 5.00 3 Yr Nr $27,000 00 30 00 3 Yr $0 001Yr $0 00 Products and Services Total $168,000.00 Net Amount 8168,000.00 Total Applied Payments $0 00 Balance Due Amount: $60,000.00 Signatures on Last Page Pago 1 c:f Additional Terms Location I mplementation/Setup Fee Company will pay to Zagster the nonrefundable product and one time fees in the amounts, if any, described above, within 30 days of the Order Date. Service Fee per Bike - Annual Company will pay to Zagster the nonrefundable recurring fees (the °Service Lines Fees' ) set forth above 30 days prior to estimated start date ("Date Start") set forth above. Service Lines Fees are due annually, up front and in advance Zagster will not launch the bike share program until the Service Lines Fees are paid. Christi Downtown Management District Zagster, Inc Signature Name (Please Print) Name (Please Print) nlecLI4-:v eibf Title Title Date Date All rights reserved. Copyright Zagster, Inc Order SO -0001047 Page 2 of 2 Zagster a better way to hike ATTACHMENT 1 TO ZAGSTER, INC. ORDER FORM FOR CORPUS CHRISTI. TEXAS Master Services Agreement This term (the "Term") of this Master Services Agreement shall be as set forth in the Order Form between the parties dated as of the Effective Date (the "Order Form"). Schedule A Zagster Services and Fees 1. Description of Zagster Service. During the term of this Agreement, Zagster will provide to Company the following (collectively, the "Zagster Service"): a The Zagster Bicycles set forth in Section 5 below and the right for Users to access and use the Zagster Bicycles as described in Section 9 below. b A Site Survey to determine the Locations and Launch Date. c. A license to use Zagster's proprietary bicycle rental management software (the "Zagster Software") and accompanying user information (the "Documentation") pursuant to Section 7 below d Routine maintenance on the Zagster Bicycles to address usual and customary wear and tear maintenance on the Zagster bicycles as described in more detail in Section 8 below. Company acknowledges that routine maintenance does not cover abuse, theft, vandalism, accident and/or similar issues while the bicycles are not in use by Users unless Company has elected to include such coverage and has paid the applicable fees set forth in Section 5 below. e. Automated locks and bicycle racks to be used with the Zagster Bicycles, subject to payment of the one lime fee described in Section 4 below. f. Zagster marketing materiars (the "Zagster Marketing Materials"). g. Zagster customer services for Users as they are generally commercially available from time to time. 2. Term of Agreement; Exclusivity. The initial term of this Agreement will commence on the date as set in the Order Form and, unless terminated earlier in accordance herewith, will continue for a period 0112 months from the Launch Date. This Agreement will automatically renew for successive 12 month periods unless either party gives the other written notice of termination at least thirty (30) days prior to the end of the then•current term. During the term of this Agreement, Company agrees that Zagster shall be the only bicycle sharing and+or bicycle rental service promoted and used by Company. Unless otherwise mutually by the parties in writing, Zagster will not increase the fees payable hereunder for any renewal term. 3. Launch Date; Site Survey. Company acknowledges and agrees that Zagster may perform a survey of the site where Company desires that the Zagster Bicycles be Installed. Zagster will perform this survey promptly after the Effective Date and the parties will mutually agree on the location of Installation and the date the Zagster Service will be launched at that location. For purposes hereof, the "Launch Date" means the date on which the Zagster Service is fully implemented for Company at the first launch Location. The launch of the Zagster Service on the Launch Date is subject to both Zagster and the Company fulfilling all of their obligations under this Agreement which are required to be fulfilled to enable Zagster to launch the Zagster Service, including without limitation payment of the one-time fee set forth in Section 4 below. Promptly after the Launch Date, Zagster will provide Company with a Launch Notification Form, which will inform Company of the mutually agreed to Initial installation Location and the Launch Date. Additional Locations or Bikes may be added from time to time by mutual written agreement of the parties). (Remainder of page Intentionally left blank) 4. One Time Fees. Company will pay to Zagster non-refundable one-time fees in the amounts described in the Order Form to set-up and install the Zagster Bicycles at the locations set forth in the Launch Notification Form (the "Locations") and for such other materials as may be mutually agreed to by the parties and set forth in the Order Form. The Company will pay the one- time fees to Zagster on or before the Launch Date. 5. Fees and Number of Zagster Bicycles. During the Term, Zagster will provide the number of bicycles ("Zagster Bicycles") at the Locations set forth in the Launch Notification Form as set forth in the Order Form. The number of Zagster Bicycles may be increased, with a corresponding increase in the Recurring Fees to be paid by Company, by mutual written agreement of the parties. Recurring Fee payment terms are described in the Order Form. Provided, Zagster understands and agrees that Locations may be on the property of third parties not controlled by Company. Company will attempt to collect the fees required hereunder for such Locations and remit such fees to Zagster. However, Zagster agrees that Company shall not be responsible or liable for the payment of any fees associated with Locations on the property of third parties. In the event any third party fails to pay the fees required in the Order Form, Company will notify Zagster of such failure to pay and Zagster's sole remedy shall be to decline to install the Zagster Bicycles or to provide any other Zagster Service with respect to such third party (or to remove the Zagster Bicycles and terminate the Zagster Services with respect to such third party if the Zagster Bicycles and Zagster Services have previously been provided). Accordingly, Company acknowledges and agrees that Zagster will not launch such Locations unless and until Zagster has been paid in full for the applicable fees for such Locations. 6. Marketing. Zagster will provide to Company (a) a Zagster Account Manager and (b) the Zagster Marketing Materials to promote Zagster's bike sharing program. In addition, Zagster will provide the Company with Zagster's standard signage (the "Zagster Signage") at or adjacent to all Zagster locations at the locations set forth in the table above (the "Locations"). Prior to the Launch Date, Zagster will also provide the Company's marketing contact with training on the Zagster Service and the use of the Zagster Software. This training may be provided on site or online at Zagster's discretion. 7. License Grant. Subject to the terms and conditions of this Agreement and payment of the fees described herein, Zagster hereby grants Company a non-exclusive, non -transferable license in the United States for the term of this Agreement to access and use the Zagster Software as hosted by Zagster and the related Documentation solely for Company's management of the Zagster Bicycles at the Locations. Company mreay not redistribute or permit third parties to access or use the Zagster Software. Company agrees to maintain the security and confidentiality of the user names and passwords provided by Zagster to the Company in connection with Company's use of the Zagster Software. Except for the rights granted to Company in this Section, all right, title and interest in and to the Zagster Software and the Documentation, including without limitation alt intellectual property embodied therein, shall remain exclusively in Zagster. The license granted hereunder includes no rights in or to the source code versions of the Zagster Software or to the object code version of the Zagster Software, other than to the object code version as hosted by Zagster. Neither Company nor its employees shall attempt to reproduce, copy, disassemble, alter, decompile or otherwise reverse engineer or modify or create derivative works of the Zagster Software in any way. Neither Company nor its employees shall make access 10 the Zagster Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. 8. Maintenance Services. Zagster will provide the following maintenance services (the costs of which will be included in the Recurring Fees as outlined in Section 5 above) with respect to the Zagster Bicycles (the "Maintenance Services"): a. Zagster maintenance personnel will visit each of the Locations on a regular basis to inspect the Zagster Bicycles and perform the following maintenance services on the Zagster Bicycles: (i) replace worn tires, (ii) replace worn drive train components, (iii) clean and lube drive train components, and (iv) general cleaning. b. Zagster will, at Zagster's sole option, either replace or fully refurbish the Zagster Bicycles as reasonably necessary, but no less frequently than every three years from the Launch Date. 9. Zagster Membership a. Generally. Each person that has been authenticated by Zagster and is a Zagster member in good standing shall be eligible to use the Zagster Bicycles (a "User") at the usage rates set forth at www.zagster.com and subject to Zagster then current policies and procedures, including without limitation the terms and conditions of Zagster's member agreement. To become a Zagster member, a person shall complete Zagster's membership application and, if approved for membership by Zagster, shall enter into Zagster's member agreement in the form set forth at www.zagster.com. Zagster may revise the membership application and member agreement, as well as membership fees, from time to time at its sole discretion. Zagster owns all right, title and interest in and to any and all information and data submitted to Zagster by Users and prospective users. Company will have the right to set the usage fees charged to Users for use of the Zagster Bicycles and Zagster will publish such rates to Users. Notwithstanding the foregoing, if Company is a hotel, Zagster agrees that Company's guests may use the Zagster Bicycles as Users without becoming a Zagster member provided that Company requires the User to sign Zagster's standard liability waiver in the form provided by Zagster to Company from time to time (the "Waiver") and Company shall retain the originally signed Waivers for a period of at least six (6) years from the date of each use by a User. b. Payment of Membership and Usage Fees. Users shall be responsible for paying. via credit card, Zagster's annual membership fee, usage fees, and such additional fees and charges as set forth at www.Zagster.com, as adjusted from time to time in Zagster's sole discretion. All fees paid by Users will be processed by Zagster's third party credit card processor and Zagster will not receive, process, retain or maintain any credit card data. Zagster will share a portion of the usage fees actually collected from Users that use the Zagster Bicycles at the Locations with Company less usage fees which Zagster credits or reimburses the User (the "Net Usage Fees"). Within thirty (30) days from the end of each calendar quarter during the Term, Zagster will remit to Company 93% of the Net Usage Fees and a report summarizing the calculation of Net Usage Fees. Zagster may offset against the Net Usage Fees any and all other amounts, fees, or charges due from Company to Zagster hereunder. (Remainder of page intentionally left blank) Schedule B Company Obligations 1. Generally. During the term of the Agreement, Company will: (a) Permit Zagster personnel to access each Location, at mutually agreed dates and times, to perform a site survey, take pictures of the Location, and otherwise review and inspect the Location with Company personnel to determine a mutually agreed to area at each Location to Install the Zagster Signage, Zagster Bicycles and Zagster bicycle racks. (b) Provide the required square footage in a mutually agreed to area at each Location to enable Zagster to Install the Zagster bicycle racks and Zagster Bicycles and provide the necessary additional space for any mutually agreed to increase in the number of Zagster Bicycles. In addition, Company agrees to receive shipments of the Zagster Bicycles and related materials and will store the Zagster Bicycles and related materials in a secure location until Zagster personnel arrive to install same. Company shall permit Zagster to dispose of shipping materials at the Locations and provide access to Company's trash facilities in connection with same. (c) Permit Zagster personnel to access each Location, at a mutually agreed to date and time, to set-up and install the Zagster Bicycles and Zagster Signage at the Locations, Including installation of appropriate bicycle racks to be provided by Zagster, and to take pictures of the Zagster Bicycles as installed at each Location. Only upon its prior written authorization (which shall not be unreasonably withheld) will Company agree to allow Zagster to use the pictures for marketing Zagster Services. (d) Permit Zagster personnel to access the Locations during normal business hours Monday --Friday, or as may be otherwise required, to provide Maintenance Services. Company will provide Zagster with an appropriate number of parking passes to be provided to Zagster personnel to enable Zagster personnel to access the Locations without charge. (e) Keep all Locations where Zagster Bikes are stored clean and debris—free in substantially similar condition to the condition as of the Launch Date, and comply with Zagster's then standard requirements for the Zagster Service. 2. Marketing. (a) information. Following the Effective Date, Company will provide to Zagster the information and materials required to implement the Zagster Service at the Company's Locations. (b) Marketing Contact. Company will assign and maintain an appropriate Company contact who will (i) have responsibility for all interactions with Zagster regarding matters covered by this Agreement, (ii) be reasonably accessible to Zagster during normal business hours, and (Iii) use the Zagster Marketing Materials to promote the availability of Zagster Bicycles and/or work with Zagster to create relevant materials. Company acknowledges and agrees that the success of the program will depend on the level of marketing support provided by the Company. The marketing contact will be responsible for training Company's employees with respect to the Zagster Service and the Zagster Software (c) Marketing Obligations. Company's marketing contact will coordinate marketing opportunities with Zagster and will assist Zagster in marketing the Zagster Service to Users and prospective users. The Company may use the Marketing Materials for the sole purpose of marketing the Zagster Service to Users and prospective users. Further, If Company desires to create custom email communications or other marketing materials, Company may do so subject to Zagster's prior review and approval, which will not be unreasonably withheld or delayed. Zagster may provide any approvals required under this section via email. Zagster shall not distribute or publish any Marketing Materials contemplated under this Agreement, or otherwise make any public statements in any social forum or medium relating to this Agreement or referencing this arrangement with the Company without the prior written consent of the Company (which shall not be unreasonably withheld). (d) Zagster Marketing Rights. Company, at Its sole discretion, will provide Zagster with a list of Company's prospective users of the Zagster Bicycles, which list shall include name, e-mail address, and other mutually agreed to information (the "Marketing List"). Company hereby agrees that Zagster may use such Marketing List to send marketing information and materials about Zagster and the Zagster Bicycles available at the Locations, provided, that Zagster receives prior written approval of the proposed marketing information from Company (which shall not be unreasonably withheld) and that Zagster provides the recipients with the ability to opt -out of receiving future communications. 3. Zagster Bicycles. (a) Company will use reasonable efforts to report any maintenance issues relating to Zagster Bikes or the Zagster Bike Racks or facility on Company premises. Such reasonable efforts by the Company will be construed only to mean a general visual inspection to look for flat tires, obvious and material cosmetic defects to the bicycles and/or racks, and graffiti. Zagster will respond to all maintenance issues reported by Company as soon as commercially practicable. (b) At Zagster's request, unless Company has elected Damage Coverage. Company shall reimburse Zagster for the costs, Including costs of labor, to replace and/or repair Zagster Bicycles (only if it is apparent that such Bicycles are vandalized, stolen or damaged while not in use by a User but not for normal or expected wear and tear due to routine usage nor for damage, vandalism, or Zagster Bicycles stolen while in use by a user), Zagster automated locks, and/or Zagster bicycle racks that have been vandalized, stolen, and/or damaged by accident or misuse or abuse. Zagster shall invoice Company for such costs on a regular basis and shall accompany the invoice with supporting documentation. Company shall pay such invoices within thirty (30) days of receipt. (c) Company will use Its commercially reasonable best efforts to promptly remove all non--Zagster bicycles from the Zagster bicycle racks at the Locations. (Remainder of page intentionally left blank] Schedule C Terms and Conditions 1. Services; Relationship of the Parties. Subject to the terms and conditions of this Agreement, Zagster will provide the Zagster Service set forth in Schedule A and Company will perform the obligations set forth on Schedule B. The relationship of the parties to this Agreement is solely that of independent contractors. Neither party will have any authority to contract with third parties on behalf of the other party or to expressly or Impliedly represent that it has any such authority, to any person. 2. Payment Terms. Other than the One Time Fees, which shall be due and payable in accordance with Schedule A, all fees payable hereunder are due within 30 days from the date of Zagster's invoice. If Company fails to pay an Invoice in a timely manner, Zagster will give Company written notice. If Company fails to make payment within 10 business days of Zagster's notice, then (a) Zagster will have the right to enter Company's property after Zagster notifies Company of its intention to remove its equipment during normal business hours and remove the Zagster Bicycles and Zagster bicycle racks, signage and any other Zagster materials, and Company will be liable for all fees, costs, and expenses actually incurred by Zagster in connection with such removal, and (b) interest will accrue on all amounts due from the original date due to the date paid, at the lesser of 12% per year or the highest rate permitted by applicable law. Company will pay all taxes or other govemmental charges (including import duties) levied in connection with the Services. 3. Insurance. During the term of this Agreement, Zagster will maintain appropriate business and liability Insurance protection covering its activities hereunder. 4. Publicity. Zagster may release a press release announcing the parties' relationship hereunder with the prior consent of Company, which shall not be unreasonably withheld. Unless otherwise expressly permitted in this Agreement, neither party will use the other party's name, logos, trademarks or service marks in any manner without the other party's prior written approval. Company must first expressly approve in writing any and all proposed uses of the Company' name, logos, trademarks and service marks (i) to, create marketing and advertising materials for Company to use to promote the Service to its employees and (ii) on Zagster's customer list which will be displayed on Zagster's website and in other publications. Each party consenting to use of its Marks hereunder shall remain the sole and exclusive owner of all right, title and interest in and to its Marks and the goodwill associated therewith. Upon termination of this Agreement, such use of the other party's Marks shall immediately cease. 5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAGSTER MAKES NO WARRANTIES WITH RESPECT TO THE ZAGSTER SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. NO WARRANTY IS MADE THAT THE ZAGSTER SERVICE WILL MEET COMPANY'S REQUIREMENTS. 6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT WITH RESPECT TO COMPANY'S PAYMENT OBLIGATIONS AND EACH PARTY'S CONFIDENTIALITY OBLIGATIONS, NEITHER PARTY'S LIABILITY HEREUNDER WILL EXCEED THE FEES PAID AND PAYABLE FOR THE ZAGSTER SERVICE THAT IS THE SUBJECT OF THE CLAIM. COMPANY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION REPRESENT A REASONABLE ALLOCATION OF RISK THAT IS REFLECTED IN THE FEES PAID BY COMPANY. THE FOREGOING LIMITATION OF LIABILITY IS NOT INTENDED TO LIMIT EITHER PARTY'S LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 7. Confidentiality; Suggestions. Each party acknowledges that during the term of this Agreement the other party may disclose information, whether orally, visually, or in tangible form, that Is proprietary and confidential to the disclosing party and is disclosed or marked as proprietary or confidential (hereafter "Confidential Information") and that the unauthorized disclosure of Confidential Information may cause irreparable harm to the disclosing party. Zagster acknowledges that Company's prospective user lists (if applicable) are proprietary to Company and Zagster will not use them, other than to provide Zagster Service hereunder, without Company's permission. Each party shall only use the Confidential Information to perform its obligations hereunder and will take all reasonable measures to safeguard and prevent the unauthorized disclosure of Confidential Information, but no less than the measures it takes to safeguard its own confidential information, including without limitation disclosing Confidential Information only to those of its employees with a need to know such information to perform their obligations hereunder and which have been advised of the confidential nature of the Information and have agreed to protect the Confidential Information to the same extent as Company hereunder. The parties acknowledge that it will be impossible to measure the damages that would be suffered by one party if the other party fails to comply with the provisions of this Section 7 and that in the event of any such failure, such party will not have an adequate remedy at law and shall. therefore, be entitled, in addition to any other rights and remedies, to seek specific performance of the receiving party's obligations and to seek immediate injunctive relief with respect thereto. Company may, from time to time, provide suggestions, techniques, know-how, comments, feedback or other input to Zagster with respect to the Zagster Service (collectively. "Suggestions"). Both parties agree that each Suggestion is and shall be given entirely voluntarily. Each Suggestion. even if designated as confidential by Company shall not, absent a signed, written agreement with Zagster, create an obligation of confidentiality for Zagster. Company agrees that it shall not give any Suggestion that is subject to license terms or restrictions that seek to require any Zagster technology, service, product or documentation incorporating or derived from such Suggestion, or any Zagster Intellectual property, to be licensed or otherwise shared with Company or any third party. Furthermore, Company hereby assigns all right, title and interest in and to Suggestions to Zagster including without limitation all intellectual property rights therein, and will take any and all actions reasonably requested by Zagster to effect such assignment. B. Termination. a. Company shall have a one-time right to terminate this Agreement, with such termination to be effective on the 60th day following the Effective Date, by providing written notice to Zagster at least ten (10) days prior to such 60th day. If Company does not exercise the foregoing right in accordance with the foregoing sentence, Company will have no further right to terminate this Agreement other than in accordance with Section 8(b) below. Should Company exercise its right to terminate the Agreement by the 60th day following the Effective Date, Company shall be liable only for the One Time Fees and for the Recurring Fees for the number of months Company has subscribed to the Zagster Service (plus any number of days beyond the last full month the Agreement Is in effect on a pro -rated basis). b. If either party breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of that breach from the other party, then the other party may terminate this Agreement effective as of the end of that period. The commitment of an act of bankruptcy (such as a giving general assignment for the benefit of creditors) or the filing of a bankruptcy petition will be deemed a breach if not vacated within thirty (30) days of filing. It is recognized that some breaches are not capable of cure, such as a cessation of business, With respect to any such incurable breach by a party, if it remains possible to give notice, then upon such written notice by the other party this Agreement will be deemed terminated. 1111 is not possible then this Agreement will be deemed to terminate automatically upon such breach. In addition, if Company has entered into this Agreement in its capacity as a multi -family property owner or management company, Company may terminate this Agreement with written notice to Zagster terminating this Agreement within 30 days of the consummation of a change of control of Company which results In the assignment of this Agreement to Company's successor. c. No termination for cause will be deemed a waiver of any claim for damages by the terminating party. d. Upon the termination of this Agreement, each party will promptly destroy or, on the other party's request, retum all of the other party's Confidential Information, Including all copies thereof. The payment and fee provisions of Schedule A shall survive any termination or expiration of this Agreement with respect to any unpaid fees due and owing hereunder. Sections 5. 6, 7. 6. and 9 of this Schedule C shall survive any termination or expiration of this Agreement 9. Miscellaneous. Each party represents and warrants to the other that it has the authority to enter into this Agreement and is not under any obligation to any third party that would conflict with this Agreement. This Agreement, including all of the Schedules hereto, is the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior and contemporaneous agreements and understandings, oral and written, between the parties with respect to the subject matter hereof. Additional or different terms in any purchase order or similar document will not modify or add to the terms of this Agreement unless mutually agreed in writing by the parties. This Agreement may be amended only by a written agreement between the parties. If one party fails to enforce any provision of this Agreement, such party will not be precluded from enforcing the same provision at another lime. This Agreement and the rights granted under it may not be assigned or transferred by either party without the written consent of the other party; provided, however, either party will have the right to assign this Agreement to its successor in the event of a merger, acquisition or other consolidation, including without limitation the sale of all or substantially all of Its assets or stock or business to which this Agreement relates. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the parties and the remaining terms and conditions of this Agreement will remain In full force and effect. This Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of laws provisions thereof. The parties agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located In Boston, Suffolk County, Massachusetts, and consent to the exclusive jurisdiction of such courts. In the event of any adjudication of any dispute under this Agreement, the prevailing party in such action will be entitled to reimbursement of its attorneys' fees and related costs by the other party. The paragraph headings contained in this Agreement are for convenience only and are not Intended to be used nor may they be used in the interpretation of this Agreement. Neither party will be responsible for delays or failures in performance resulting from acts beyond its control. Such acts include but are not be limited to acts of God, labor conflicts, acts of war or civil disruption, governmental regulations imposed after the fact, public utility out failures, Industry wide shortages of labor or material, or natural disasters. 10. Indemnification. Notwithstanding any limitations on liability that have been previously stated, Zagster agrees to defend, Indemnify and hold harmless Company, Company's affiliates, its officers, directors, shareholders, members, employees or agents from any and all third party claims asserted against Company by a third party ('Third Party Claims") alleging (i) the gross negligence or willful misconduct of Zagster or its employees in the performance of the services hereunder (ii) infringement by the Zagster Software or Zagster trademarks of the third party's intellectual property rights; and Zagster shall pay all damages awarded by a court of competent jurisdiction or agreed to In settlement with respect to such Third Party Claims; provided, that (I) Company shall provide Zagster with written notice promptly upon leaming of any Third Party Claims or complaints that may reasonably result In the indemnification of Company, provided, however, that failure by Company to provide notice to Zagster shall not relieve Zagster of its obligations under this Section unless such failure prejudices Zagster's defense or settlement of the Third Party Claim; (11) Company will permit Zagster to control the defense and settlement of the Third Party Claim. provided Zagster may not settle the Third Party Claim in a manner adverse to Company or which would impose liability on Company without Company's prior written consent (which will not be unreasonably withheld or delayed); and (iii) Company will provide Zagster with assistance in the defense and settlement of the Third Party Claim at Zagster's expense. Company may (at Its own cost) engage its own counsel to participate In the defense and settlement of the Third Party Claim. Ake Bike Share Program Process • DMD Three Year Strategic Plan, November 2014 • MPO Bike Mobility Plan, Summer 2015 • Bike Share Steering Committee, Fall 2015 DOWNTOWN MANAGEMENT DISTRICT EL CORPUS CHRISTI Hug Wviv+vvvNiviAN,iuEiviENhit._i Why A Bike Share? • Health and Fitness A ZagsterM a better way to bike • Tourism • Economic Development • Last Mile DOWNTOWN MANAGEMENT DISTRICT BIKEC13RPUS BIKESHARE Turnkey Service We do everything. Zagsterwb 9 Hardware Everything you need We provide the bikes, the racks and the technology that is ready to go upon arrival. Setup and Maintenance By our professional staff Our trained and friendly staff will install and provide the ongoing maintenance needed to keep your program running smoothly. Marketing Support All the tools you need Our team provides you with the marketing materials and support needed to successfully promote your program to your riders. Account Management For both you and the riders We provide you a dedicated account manager and a $2M insurance policy, and provide your riders with a 24/7/365 call center. WWW.ZAGSTER.COM +1.800.969.1192 24 Thorndike Street, Suite 2, Cambridge, MA 02141 © Zagster, Inc. — Confidential — Do Not Distribute 3 4 Zagster Leve. way la tiiY¢ LOCATIONS PRICING HOW IT WORKS FAQS Membership Options Compare plans to find the one thatflts your riding style. Just click Join when you're ready to get started. Pay per hour Monthly Membership MEMBERSHIP FEE JOIN LOGIN Yearly Membership $15 billed monthly Ri,•e horterthan 1 then pay $3/hour ILup to $24/ride You will be charged an additional $24 late fee for keeping a bike over 24 hours. JOIN How It Works Aft • 11fit9 _k3=1 F1Jri BIKE SHARE LOCATIONS • La Retama Park • RTA Customer Center • Shoreline Blvd./Peoples St. • Bayshore Park • Visitors Center Area • T -Head (pending TIRZ Funding) • Lawrence St. T -Head (pending TIRZ Funding) NORTH BEACH SEA DISTRICT UPTOWN yjedo sx. pr" BIKEC 5RPUS MARI "ARTS DIST BIKESHARE BAYSHORE PARK COLE PARK wo4, Timeline • DMD Signed Contract June 30 • Signed MOU with RTA July 22 • City Approval July 26 • Bike Share Launch August 1 • Recruitment Program Expansion Ongoing DOWNTOWN MANAGEMENT DISTRICT AGENDA MEMORANDUM First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 13, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Appropriation of Increased Revenue at the City's Warehouse CAPTION: Ordinance appropriating estimated increased revenues of $700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 by increasing revenues and expenditures by $700,000 each. PURPOSE: The City's Warehouse has shown increased sales this fiscal year. In order to be able to purchase increased merchandise to sell through the remainder of the fiscal year, the projected increase in revenue is being appropriated to cover the projected increase in expenses. BACKGROUND AND FINDINGS: The Warehouse Division of the Stores Fund in Financial Services has shown increased sales in Fiscal Year (FY) 2015-2016. It is projected that both revenues and expenses will exceed the amounts budgeted for FY 2015-2016. Even though these increases do not adversely affect the fund balance in the Stores Fund, this amendment is needed to stay in compliance with accounting standards. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Financial Services Department • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2015 - 2016 Project to Date Exp. (CIP Only) Current Year FY 2015-16 Future Years TOTALS Budget - $ 2,410,800 - $ 2,410,800 Encumbered/Expended amount of (date) - - - - This item - $ 700,000 - $ 700,000 BALANCE - $ 3,110,800 - $ 3,110,800 FUND(S): No. 5010 Stores Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating estimated increased revenues of $700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing estimated revenues and expenditures by $700,000 each. BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Estimated increased revenues in the amount of $700,000 are appropriated in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold. SECTION 2. Ordinance No. 030620, which adopted the FY 2015-2016 Operating Budget, is amended by increasing estimated revenues and expenditures by $700,000 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 2016 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 2002 and 2020 Ramfield Road CAPTION: Case No. 0716-01 The Estate of Joan Wakefield Urban: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District on Tract 1 and from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District on Tract 2. Tract 1 is described as being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. PURPOSE: The purpose of this item is to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and allow half -acre single-family residential lots. RECOMMENDATION: Planning Commission and Staff Recommendation (July 13, 2016): Tract 1: Denial of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is an indoor/outdoor kennel limited to 17,000 square feet and 225 animals of which no more than 150 animals shall be dogs. 2. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 3. Signage: The Property shall be permitted to have one freestanding sign on Roscher Road and one freestanding sign Ramfield Road. The signs shall be no taller than six feet in height with a sign face no larger than nine square feet. 4. Dumpster Screening: Any dumpster located on the Property shall be located a minimum of 40 feet from Roscher Road and Ramfield Road and shall be effectively screened from view using shrubs and/or trees. 5. Time Limit: In accordance with the UDC, this Special Permit shall expire 12 months after approval unless a certificate of UDC compliance has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Tract 2: Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, on Tract 1 the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing dog kennel with outdoor dog runs into compliance with the Unified Development Code (UDC). Kennels are not allowed in the "RS -6" District. While indoor kennels are allowed in the "FR" Farm Rural District, outdoor kennels are not. The minimum zoning required for an outdoor kennel is the "IL" District. The applicant is agreeable to a Special Permit in lieu of the "IL" District. On Tract 2, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future development of single-family dwellings on lots of no less than 22,000 square feet. In staffs opinion, a reasonable solution to allowing an existing use to conform and to protect the future development of the neighborhood is rezoning with a Special Permit for Tract 1. The proposed rezoning is generally consistent with the Comprehensive Plan goals of following Navy land use guidelines for Accident Potential Zones 1 and 2. A large portion of Tract 2 is currently zoned "RS -6" Single -Family 6 District, which allows up to 7.26 units per acre. Rezoning Tract 2 to the "RS -22" Single -Family 22 District substantially improves the City's compliance with the Navy recommended land uses by limiting density to one dwelling unit per half -acre. Rezoning Tract 2 to the minimum half -acre lot size ("RS -22" District) is consistent with City infrastructure availability as there is no current feasible access to City wastewater and one-half acres is the minimum lot size required for on-site waste disposal systems. The Special Permit on Tract 1 meets all of the review criteria required by UDC Article 3.6.3. The applicant is in agreement with the staff and Planning Commission's recommendation. ALTERNATIVES: 1. Deny the request. 2. Modify the conditions of the Special Permit. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The applicant's request for the "RS -22" District is consistent with the Future Land Use Map on that portion of Tract 2 along Roscher Road where it is designated for future Low Density Residential uses. Although the applicant's request for the "IL" Light Industrial District on Tract 1 and "RS -22" District on the portion of Tract 2 on Ramfield Road is not consistent with the designation of Low Density Residential and Agricultural/Rural uses respectively in the Future Land Use Plan, the rezoning is generally consistent with the Flour Bluff Area Development Plan's goals to encourage development that is consistent with the Navy's Accident Potential Zone land use guidelines. While a Light Industrial use is not appropriate for this neighborhood, a Special Permit allowing the kennel use and creating compatibility with the neighborhood would comply with the City's Comprehensive Plan and Flour Bluff Area Development Plan while also meeting the land use goals of the Joint Land Use Study. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance -SP Ordinance -IL Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by The Estate of Joan Wakefield Urban ("Owner"), by changing the UDC Zoning Map from the "FR" Farm Rural District and the "RS -6" Single -Family 6 District to the "RS-22/SP" Single -Family 22 District with a Special Permit in reference to Tract 1 and to the "RS -22" Single -Family 22 District in reference to Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, 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 The Estate of Joan Wakefield Urban ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit, and approval of the change of zoning on Tract 2 from the "RS -6" Single - Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District, and on Tuesday, August 9, 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 The Estate of Joan Wakefield Urban ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1 and to the "RS -22" Single -Family 22 District on Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road (Zoning Map No. 039032), as shown in Exhibits "A", "B", "C", "D" and "E". Exhibits A and C, which are metes and bounds descriptions of Tracts 1 and 2 respectively, Exhibits B and D, which are maps to accompany the metes and bounds descriptions of Tracts 1 and 2 respectively, and Exhibit E, which is a site plan of Tract 1, 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 for Tract 1 in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit E and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is an indoor/outdoor kennel limited to 17,000 square feet and 225 animals of which no more than 150 animals shall be dogs. 2. Lighting: New freestanding light poles on Tract 1 shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on Tract 1 shall comply with these regulations upon being replaced in their entireties. 3. Signage: Tract 1 shall be permitted to have one freestanding sign on Roscher Road and one freestanding sign Ramfield Road. The signs shall be no taller than six feet in height with a sign face no larger than nine square feet. 4. Dumpster Screening: Any dumpster located on the Property shall be located a minimum of 40 feet from Roscher Road and Ramfield Road and shall be effectively screened from view using shrubs and/or trees. 5. Time Limit: In accordance with the UDC, this Special Permit shall expire 12 months after approval unless a certificate of UDC compliance has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. 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 City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tracts 1 and 2 for low density residential uses. 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 Page 3 of 3 uRsaN ENGINEERING Exhibit A 4.64 Acres Zoning Tract STATE OF TEXAS COUNTY OF NUECES 2 Job No. 11403.B6.00 February 26, 2016 Rev.: June 20, 2016 Fieldnotes, for a 4.64 Acre Tract of Land, of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas; said 4.64 Acre Tract being more fully described by metes and bounds as follows: Commencing, at the centerline intersection of Ramfield Road and Roscher Road, public roadways, being the Southwest comer of the said Lot 32; Thence, North 29°00'00" East, with the centerline of the said Roscher Road, the West line of the said Lot 32, 45.00 Feet; Thence, South 61°00'00" East, departing the said centerline of Roscher Road and the West line of the said Lot 32, 40.00 Feet to the Point of Beginning, and for a Southwest corner of this Tract; Thence, with the West boundary of this Tract as follows: • North 29°00'00" East, 91.50 Feet; • South 61°00'00" East, 65.30 Feet; • North 84°09'44" East, 128.85 Feet; • North 48°26'04" East, 254.05 Feet; • North 34°08'29" East, 126.44 Feet; • North 57°57'47" East, 449.62 Feet, for the North corner of this Tract; Thence, South 61°00'00" East, 193.70 Feet for the Northeast comer of this Tract; Thence, with the East boundary of this Tract follows: • South 29°00'00" West, 365.57 Feet; • South 68'05'10" West, 230.86 Feet; • North 68°59'44" West, 240.60 Feet; • South 87°35'32" West, 10.02 Feet; • South 48°26'04" West, 219.80 Feet; • South 84°09'44" West, 140.52 Feet; • South 29°00'00" West, 68.00 Feet; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN_11403B600 20160225.docx Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Thence, North 61°00'00"West, 82.51 Feet, for a Southwest corner of this Tract and for the beginning of a circular curve to the Right, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears North 16°00'00" West, 21.21 Feet; Thence, with the said circular curve to the Right, an arc length of 23.56 Feet, to the Point of Beginning and containing 4.64 Acres (202,058 SOFt) of Land, more or fess; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch o Exhibit A James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingl39320\B5071OFFICE\METES AND BOUNDSIFN_3932OB507.docx Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 /6',0 eri Qose /79 Cayo Del Oso �� '')90- ?`() w County of Nueces cz- Corpus Christi, Texas 0 Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N29'00'00"E 45.00' L2 S61'00'00"E 40.00' L3 N29'00'00"E 91.50' L4 S61'00'00"E 65.30' L5 N84'09'44"E 128.85' L6 N48'26'04"E 254.05' L7 N34'08'29"E 126.44' L8 S87'35'32"W 10.02' L9 S48'26'04"W 219.80' L10 S84'09'44"W 140.52' L11 S29'00'00"W 68.00' L12 N61'00'00"W 82.51' 0 Lot 32, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) S6 (Vol. 2256, Pg. 108, D.R.N.C.T. 'L W010 F Ic :r 40 444 r, L10 f eo / / / Sketch to Accompany FIELDNOTES for a 4.64 Acre Tract of Land of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A Pages 41-43, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRIST, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Exhibit B Lot 31, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) (Vol. 2256, Pg. 108, D.R.N.C.T.) Exhibit B DATE: Feb. 24, 2016 SCALE: 1"=200' JOB NO.: 11403.86.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Y RBAN ENGINEERING _ Job No. 11403.B6.00 Exhibit C June 1, 2016 23.59 Acres Rev.: June 20, 2016 Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 23.59 Acre Tract of Land, being a portion of Lots 31 and 32, Section 39, Flour Bluff and Encina) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; the said 23.59 Acre Tract being more fully described by metes and bounds as follows: Beginning, at the intersection of the centerline of Ramf eld Road, a public roadway and the centerline of Roscher Road, a public roadway, for the West corner of the said Lot 32 and this Tract; Thence, North 29°00'00" East, with the centerline of the said Roscher Road and the Northwest boundary line of the said Lot 32, 1320.00 Feet, for the North corner of the said Lot 32 and this Tract; Thence, South 61°00'00" East, departing the said centerline of Roscher Road, with the North boundary line of the said Lot 32, 660.00 Feet, to the North corner of the said Lot 31, for the East comer of the said Lot 32 and this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said Lot 31 and the Southeast boundary line of the said Lot 32, 351.00 Feet, for a comer of this Tract; Thence, over and across the said Lots 31 & 32, with the boundary of this Tract as follows: • North 61°00'00" West, 145.45 Feet; • South 57°57'47" West, 449.62 Feet; • South 34°08'29" West, 126.44 Feet; • South 48°26'04" West, 254.05 Feet; • South 84°09'44" West, 128.85 Feet; • North 61°00'00" West, 65.30 Feet; • South 29°00'00" West, 91.50 Feet for a comer of this Tract and for the beginning of a circular curve to the Left, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears South 16°00'00" East, 21.21 Feet; • With the said circular curve to the Left, 23.56 Feet; • South 61°00'00" East, 82.51 Feet; • North 29°00'00" East, 68.00 Feet; • North 84°09'44" East, 140.52 Feet; • North 48°26'04" East, 219.80 Feet; • North 87°35'32" East, 10.02 Feet; • South 68°59'44" East, 240.60 Feet; Thence, North 68°05'10 East, 230.86 Feet, for a corner of this Tract; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN11403B600 23.59Ac.docx Page 1 01'2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 Thence, North 29°00'00" East, 28.92 Feet, for a corner of this Tract; Thence, South 39°03'57" East, 659.38 Feet, to the Northwest boundary line of a 20 Acre Tract described in a Warranty Deed from Stacy Barton, to William J. Granberry and Christy Granberry, as recorded in Document No. 2005012908, said Official Public Records, for the East corner of the said Lot 31 and of this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said 20.00 Acre Tract and the Southeast boundary line of the said Lot 31, 386.05 Feet, to the centerline of the said Ramfield Road, being the South corner of the said Lot 31 and of this Tract; Thence, North 61°00'00" West, with the centerline of the said Ramfield Road and the Southwest boundary line of the said Lots 31 and 32, 1320.00 Feet, to the Point of Beginning, containing 23.59 Acres (1,027,451 Sq. Ft.) of Land, more or less; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas and does not represent an on the ground survey. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract describe James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingll 14031136001OFFICEIMETES AND BOUNDSIFN_1140311600_35.36Ac.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. a CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 34.19 ACRES OUT OF LOT 17 SECTION 39 F.B.&E.F.&G.T. G.O. RANCH LTD. S61'00'00'E 660.00' 10 ACRES OUT OF W/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 10 ACRES OUT OF E/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 20 -- Roscher Road 0 0 0 Nom' Richland Drive W 0 0 0 b N r --Z T O Q JJ -c C11 0 "Point Beginni 9 13gFo<� se- c •,,,0\ \-0\- Go<ae \ co`3'<\ F\ov o°a 9 c3 ece \<`o• . P'J°°<\6?), eco<do��� 6 P°). L1 0�J L5 S62 60 ME 40' Right -of -Way 0 0 o '°� �° Foto O'(<<\ 0 1 Sa °�c'_So'SD os � Go<aeGo\->'<ac\) G N r ov< and P °s ce o� \ P e co<dscO•G6 Qc. de c J 23.59 Acres (1,027,451 Sq. Ft.) 20' r z ~ m Lu cn 0 0 �• �i¢ UW Q� w N r m . er 0 - J J J 1) 0 co co 0 0 C1 N N Lot L' Section N61'00'00'W 1320.00' Ramfield Line Road CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N61'00'00"W 145.35' L2 S34'08'29"W 126.44' L3 S48'26'04"W 254.05' L4 S84'09'44"W 128.85' L5 N61'00'00"W 65.30' L6 S29'00'00"W 91.50' L7 S61'00'00"E 82.51' L8 N29'00'00"E 68.00' L9 N84'09'44"E 140.52' L10 N48'26'04"E 219.80' L11 N87'35'32"E 10.02' L12 N29'00'00"E 28.92' Exhibit D Sketch to Accompany FlELDNOTES for a 23.59 Acre Tract of Land. being a portion of Lots 31 and 32. Section 39. Flour Bluff and Encina) Farm and Garden Tracts. a map of which is recorded in Volume A. Pages 41-43, Map Records of Nueces County. Texas. ENGINEERING URBAN TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2 725 SWANTNER DR CORPUS CHRIST, 7X 78404 PHONE 361.854.3101 WWW.UR84NENG.COM Q 0 100 200 GRAPHIC SCALE 1 "=200' DATE: June 7, 2016 DATE: May 31, 2016 SCALE: 1 =200' JOB NO.: 11403.86.00 SHEET: 1 of 2 DRAWN BY: RLG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Exhibit D S:\Surveying\11403\8600\Ex11403B600-RS-22.dwg, 6/7/2016 3:09:01 PM, DWG To PDF.pc3 Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Cayo Del Oso County of Nueces Corpus Christi, Texas Qom /�o (40r v� Z /11) /7,c> � !p. Sow 00,x. % �'5% eq7 a 2 r�•e Q� �a90 o j Si \?-‘)Qo'' .--� �o� 1 0`4 ( Rq�f go' 'Qoq a Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N16'00'00'W 21.21' LINE BEARING DISTANCE , Lot 32, Section 39 L1 N29'00'00"E 45.00' `Q. Flour Bluff and Encinal Farm / SYR�' L2 S61'00'00'E 40.00' j and Garden Tracts L3 N29'00'OO"E 91.50' Vol. A, Pgs. 41-43, Map � L4 S61'00'00'E 65.30' Records of Nueces County, Texas \c R% L5 N84'09'44'E 128.85' c., cfjj0 (Owner: Joan Urban) 6 L6 N48'26'04"E 254.05' 0j�,� ha► (Vol. 2256, Pg. 108, D.R.N.C.T.� 1"U L7 N34'08'29'E 126.44' @ ri, 193 j0' L8 S87'35'32'W 10.02' So,p�. 0 4% L9 S48'26'04'W 219.80' )-• �. c fk� Boarding L10 S84'09'44'W 140.52' ^o / III, L11 L1 1 S29'00'00'W 68.00' o , Kennels / L12 N61'00'00"W 82.51' " r�j1 10 � / Oy M o� 4%.1:�o ��e�5 G u �s t o OL0 Q�. � ^ \__e,9{�se y1 o _° , o o/ 4.64 Acres O v (2(202,05880�ry0 / 6 Ao sP 045 A 60 2 /� Lot 31, Section 39 L10 / Flour Bluff and Encinal Farm ` and Garden Tracts C v / Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas 1 (Owner: Joan Urban) / (Vol. 2256, Pg. 108, D.R.N.C.T.) dinof e / v�,e/a R ov / C sect ah he Site Plan for a 4.64 Acre Tract of Land of Lots DATE: Feb. 24, 2016 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, — I URBAN SCALE: 1"=200' JOB NO.: 11403.B6.00 a map of which is recorded in Volume A Pages 41-43, MapRecords 9 — ENGINEERING LTBPE FIRM NO. 145, TORP FIRM NO. 10032400 2725 N . DR,5 CORPUS NO. 76404 SHEET: 1 of 1 �T DRAWN B 1 : XG of Nueces County, Texas. PHONE 361.854.3101 WWw.URBANENG.COM urbansurvey1 urbaneng.com 0 2016 by Urban Engineering Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Ordinance amending the Unified Development Code ("UDC"), upon application by The Estate of Joan Wakefield Urban ("Owner"), by changing the UDC Zoning Map from the "FR" Farm Rural District and the "RS -6" Single -Family 6 District to the "IL" Light Industrial District in reference to Tract 1 and to the "RS -22" Single -Family 22 District in reference to Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, 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 The Estate of Joan Wakefield Urban ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit, and approval of the change of zoning on Tract 2 from the "RS -6" Single - Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District, and on Tuesday, August 9, 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 The Estate of Joan Wakefield Urban ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District on Tract 1 and to the "RS -22" Single -Family 22 District on Tract 2, Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road (Zoning Map No. 039032), as shown in Exhibits "A", "B", "C", "D" and "E." Exhibits A and C, which are metes and bounds descriptions of Tracts 1 and 2 respectively, Exhibits B and D, which are maps to accompany the metes and bounds descriptions of Tracts 1 and 2 respectively, and Exhibit E, which is a site plan of Tract 1, 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 light industrial uses on Tract 1 and low density residential 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. Ordinance - IL 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 - IL Page 3 of 3 uRsaN ENGINEERING Exhibit A 4.64 Acres Zoning Tract STATE OF TEXAS COUNTY OF NUECES 2 Job No. 11403.B6.00 February 26, 2016 Rev.: June 20, 2016 Fieldnotes, for a 4.64 Acre Tract of Land, of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas; said 4.64 Acre Tract being more fully described by metes and bounds as follows: Commencing, at the centerline intersection of Ramfield Road and Roscher Road, public roadways, being the Southwest comer of the said Lot 32; Thence, North 29°00'00" East, with the centerline of the said Roscher Road, the West line of the said Lot 32, 45.00 Feet; Thence, South 61°00'00" East, departing the said centerline of Roscher Road and the West line of the said Lot 32, 40.00 Feet to the Point of Beginning, and for a Southwest corner of this Tract; Thence, with the West boundary of this Tract as follows: • North 29°00'00" East, 91.50 Feet; • South 61°00'00" East, 65.30 Feet; • North 84°09'44" East, 128.85 Feet; • North 48°26'04" East, 254.05 Feet; • North 34°08'29" East, 126.44 Feet; • North 57°57'47" East, 449.62 Feet, for the North corner of this Tract; Thence, South 61°00'00" East, 193.70 Feet for the Northeast comer of this Tract; Thence, with the East boundary of this Tract follows: • South 29°00'00" West, 365.57 Feet; • South 68'05'10" West, 230.86 Feet; • North 68°59'44" West, 240.60 Feet; • South 87°35'32" West, 10.02 Feet; • South 48°26'04" West, 219.80 Feet; • South 84°09'44" West, 140.52 Feet; • South 29°00'00" West, 68.00 Feet; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN_11403B600 20160225.docx Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Thence, North 61°00'00"West, 82.51 Feet, for a Southwest corner of this Tract and for the beginning of a circular curve to the Right, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears North 16°00'00" West, 21.21 Feet; Thence, with the said circular curve to the Right, an arc length of 23.56 Feet, to the Point of Beginning and containing 4.64 Acres (202,058 SOFt) of Land, more or fess; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch o Exhibit A James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingl39320\B5071OFFICE\METES AND BOUNDSIFN_3932OB507.docx Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 /6',0 eri Qose /79 Cayo Del Oso �� '')90- ?`() w County of Nueces cz- Corpus Christi, Texas 0 Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N29'00'00"E 45.00' L2 S61'00'00"E 40.00' L3 N29'00'00"E 91.50' L4 S61'00'00"E 65.30' L5 N84'09'44"E 128.85' L6 N48'26'04"E 254.05' L7 N34'08'29"E 126.44' L8 S87'35'32"W 10.02' L9 S48'26'04"W 219.80' L10 S84'09'44"W 140.52' L11 S29'00'00"W 68.00' L12 N61'00'00"W 82.51' 0 Lot 32, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) S6 (Vol. 2256, Pg. 108, D.R.N.C.T. 'L W010 F Ic :r 40 444 r, L10 f eo / / / Sketch to Accompany FIELDNOTES for a 4.64 Acre Tract of Land of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A Pages 41-43, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRIST, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Exhibit B Lot 31, Section 39 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 —43, Map Records of Nueces County, Texas (Owner: Joan Urban) (Vol. 2256, Pg. 108, D.R.N.C.T.) Exhibit B DATE: Feb. 24, 2016 SCALE: 1"=200' JOB NO.: 11403.86.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Y RBAN ENGINEERING _ Job No. 11403.B6.00 Exhibit C June 1, 2016 23.59 Acres Rev.: June 20, 2016 Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 23.59 Acre Tract of Land, being a portion of Lots 31 and 32, Section 39, Flour Bluff and Encina) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; the said 23.59 Acre Tract being more fully described by metes and bounds as follows: Beginning, at the intersection of the centerline of Ramf eld Road, a public roadway and the centerline of Roscher Road, a public roadway, for the West corner of the said Lot 32 and this Tract; Thence, North 29°00'00" East, with the centerline of the said Roscher Road and the Northwest boundary line of the said Lot 32, 1320.00 Feet, for the North corner of the said Lot 32 and this Tract; Thence, South 61°00'00" East, departing the said centerline of Roscher Road, with the North boundary line of the said Lot 32, 660.00 Feet, to the North corner of the said Lot 31, for the East comer of the said Lot 32 and this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said Lot 31 and the Southeast boundary line of the said Lot 32, 351.00 Feet, for a comer of this Tract; Thence, over and across the said Lots 31 & 32, with the boundary of this Tract as follows: • North 61°00'00" West, 145.45 Feet; • South 57°57'47" West, 449.62 Feet; • South 34°08'29" West, 126.44 Feet; • South 48°26'04" West, 254.05 Feet; • South 84°09'44" West, 128.85 Feet; • North 61°00'00" West, 65.30 Feet; • South 29°00'00" West, 91.50 Feet for a comer of this Tract and for the beginning of a circular curve to the Left, having a Radius of 15.00 Feet, a delta of 90°00'00", an arc length of 23.56 Feet, a chord which bears South 16°00'00" East, 21.21 Feet; • With the said circular curve to the Left, 23.56 Feet; • South 61°00'00" East, 82.51 Feet; • North 29°00'00" East, 68.00 Feet; • North 84°09'44" East, 140.52 Feet; • North 48°26'04" East, 219.80 Feet; • North 87°35'32" East, 10.02 Feet; • South 68°59'44" East, 240.60 Feet; Thence, North 68°05'10 East, 230.86 Feet, for a corner of this Tract; S:ISurveying1114031B6001OFFICEIMETES AND BOUNDSIFN11403B600 23.59Ac.docx Page 1 01'2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 Thence, North 29°00'00" East, 28.92 Feet, for a corner of this Tract; Thence, South 39°03'57" East, 659.38 Feet, to the Northwest boundary line of a 20 Acre Tract described in a Warranty Deed from Stacy Barton, to William J. Granberry and Christy Granberry, as recorded in Document No. 2005012908, said Official Public Records, for the East corner of the said Lot 31 and of this Tract; Thence, South 29°00'00" West, with the Northwest boundary line of the said 20.00 Acre Tract and the Southeast boundary line of the said Lot 31, 386.05 Feet, to the centerline of the said Ramfield Road, being the South corner of the said Lot 31 and of this Tract; Thence, North 61°00'00" West, with the centerline of the said Ramfield Road and the Southwest boundary line of the said Lots 31 and 32, 1320.00 Feet, to the Point of Beginning, containing 23.59 Acres (1,027,451 Sq. Ft.) of Land, more or less; Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County Texas and does not represent an on the ground survey. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract describe James D. Carr, R.P.L.S. License No. 6458 S:1Surveyingll 14031136001OFFICEIMETES AND BOUNDSIFN_1140311600_35.36Ac.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. a CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 34.19 ACRES OUT OF LOT 17 SECTION 39 F.B.&E.F.&G.T. G.O. RANCH LTD. S61'00'00'E 660.00' 10 ACRES OUT OF W/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 10 ACRES OUT OF E/2 OF LOT 18, SECTION 39 FB&E.F.&G.T. G.O. RANCH LTD. 20 -- Roscher Road 0 0 0 Nom' Richland Drive W 0 0 0 b N r --Z T O Q JJ -c C11 0 "Point Beginni 9 13gFo<� se- c •,,,0\ \-0\- Go<ae \ co`3'<\ F\ov o°a 9 c3 ece \<`o• . P'J°°<\6?), eco<do��� 6 P°). L1 0�J L5 S62 60 ME 40' Right -of -Way 0 0 o '°� �° Foto O'(<<\ 0 1 Sa °�c'_So'SD os � Go<aeGo\->'<ac\) G N r ov< and P °s ce o� \ P e co<dscO•G6 Qc. de c J 23.59 Acres (1,027,451 Sq. Ft.) 20' r z ~ m Lu cn 0 0 �• �i¢ UW Q� w N r m . er 0 - J J J 1) 0 co co 0 0 C1 N N Lot L' Section N61'00'00'W 1320.00' Ramfield Line Road CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N 16'00'00"W 21.21' LINE BEARING DISTANCE L1 N61'00'00"W 145.35' L2 S34'08'29"W 126.44' L3 S48'26'04"W 254.05' L4 S84'09'44"W 128.85' L5 N61'00'00"W 65.30' L6 S29'00'00"W 91.50' L7 S61'00'00"E 82.51' L8 N29'00'00"E 68.00' L9 N84'09'44"E 140.52' L10 N48'26'04"E 219.80' L11 N87'35'32"E 10.02' L12 N29'00'00"E 28.92' Exhibit D Sketch to Accompany FlELDNOTES for a 23.59 Acre Tract of Land. being a portion of Lots 31 and 32. Section 39. Flour Bluff and Encina) Farm and Garden Tracts. a map of which is recorded in Volume A. Pages 41-43, Map Records of Nueces County. Texas. ENGINEERING URBAN TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2 725 SWANTNER DR CORPUS CHRIST, 7X 78404 PHONE 361.854.3101 WWW.UR84NENG.COM Q 0 100 200 GRAPHIC SCALE 1 "=200' DATE: June 7, 2016 DATE: May 31, 2016 SCALE: 1 =200' JOB NO.: 11403.86.00 SHEET: 1 of 2 DRAWN BY: RLG urbansurveyl urbaneng.com 0 2016 by Urban Engineering Exhibit D S:\Surveying\11403\8600\Ex11403B600-RS-22.dwg, 6/7/2016 3:09:01 PM, DWG To PDF.pc3 Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Cayo Del Oso County of Nueces Corpus Christi, Texas Qom /�o (40r v� Z /11) /7,c> � !p. Sow 00,x. % �'5% eq7 a 2 r�•e Q� �a90 o j Si \?-‘)Qo'' .--� �o� 1 0`4 ( Rq�f go' 'Qoq a Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N16'00'00'W 21.21' LINE BEARING DISTANCE , Lot 32, Section 39 L1 N29'00'00"E 45.00' `Q. Flour Bluff and Encinal Farm / SYR�' L2 S61'00'00'E 40.00' j and Garden Tracts L3 N29'00'OO"E 91.50' Vol. A, Pgs. 41-43, Map � L4 S61'00'00'E 65.30' Records of Nueces County, Texas \c R% L5 N84'09'44'E 128.85' c., cfjj0 (Owner: Joan Urban) 6 L6 N48'26'04"E 254.05' 0j�,� ha► (Vol. 2256, Pg. 108, D.R.N.C.T.� 1"U L7 N34'08'29'E 126.44' @ ri, 193 j0' L8 S87'35'32'W 10.02' So,p�. 0 4% L9 S48'26'04'W 219.80' )-• �. c fk� Boarding L10 S84'09'44'W 140.52' ^o / III, L11 L1 1 S29'00'00'W 68.00' o , Kennels / L12 N61'00'00"W 82.51' " r�j1 10 � / Oy M o� 4%.1:�o ��e�5 G u �s t o OL0 Q�. � ^ \__e,9{�se y1 o _° , o o/ 4.64 Acres O v (2(202,05880�ry0 / 6 Ao sP 045 A 60 2 /� Lot 31, Section 39 L10 / Flour Bluff and Encinal Farm ` and Garden Tracts C v / Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas 1 (Owner: Joan Urban) / (Vol. 2256, Pg. 108, D.R.N.C.T.) dinof e / v�,e/a R ov / C sect ah he Site Plan for a 4.64 Acre Tract of Land of Lots DATE: Feb. 24, 2016 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, — I URBAN SCALE: 1"=200' JOB NO.: 11403.B6.00 a map of which is recorded in Volume A Pages 41-43, MapRecords 9 — ENGINEERING LTBPE FIRM NO. 145, TORP FIRM NO. 10032400 2725 N . DR,5 CORPUS NO. 76404 SHEET: 1 of 1 �T DRAWN B 1 : XG of Nueces County, Texas. PHONE 361.854.3101 WWw.URBANENG.COM urbansurvey1 urbaneng.com 0 2016 by Urban Engineering Exhibit E S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Aerial Overview At N Aerial t N PLANNING COMMISSION FINAL REPORT Case No. 0716-01 HTE No. 16-10000010 Planning Commission Hearing Date: July 13, 2016 Applicant & Legal Description Applicant/Owner: The Estate of Joan Wakefield Urban Representative: James Louis Urban Legal Description/Location: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, located on the northeast corner of Roscher Road and Ramfield Road. Zoning Request From: Tracts 1 and 2: "RS -6" Single -Family 6 District and "FR" Farm Rural District To: Tract 1: "IL" Light Industrial; Tract 2: "RS -22" Single -Family 22 District Area: 28.23 acres total with Tract 1 being 4.64 acres and Tract 2 being 23.59 acres Purpose of Request: Tract 1: To bring an existing indoor/outdoor kennel into compliance with current zoning regulations. Tract 2: To allow single-family dwellings on lots with a minimum area of 22,000 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- Family 6 and "FR" Farm Rural Tract 1: Kennel, Guest House, Single -Family Dwelling Tract 2: Vacant Low Density Residential and Agricultural/Rural North "RS -6" Single- Family 6 and "FR" Farm Rural Vacant Low Density Residential and Agricultural/Rural South "RS -6" Single- Family 6 and "RE" Estate Residential Vacant Low Density Residential and Estate Residential East "FR" Farm Rural Vacant Agricultural/Rural West "RE" Residential Estate Residential Estate Residential Estate Planning Commission Final Report Page 2 oo o E a o 5 Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for Low Density Residential and Agricultural/Rural uses. The proposed rezoning of Tract 1 to the "IL" Light Industrial District and Tract 2 to the "RS -22" District is not consistent with the with the adopted Future Land Use Map but is generally consistent with the policies in the Flour Bluff Area Development Plan. Map No.: 039032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has 1,320 feet of frontage on Roscher Road and 1,320 feet of frontage on Ramfield Road. The Urban Transportation Plan identifies Roscher Road and Ramfield Road as Residential Collectors. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Roscher Road Residential Collector 60' ROW 48' paved 45' ROW 24' paved Ramfield Road Residential Collector 60' ROW 48' paved 40' ROW 24' paved N/A N/A Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing dog kennel with outdoor dog runs into compliance with the Unified Development Code (UDC). Kennels are not allowed in the "RS -6" District. While indoor kennels are allowed in the "FR" Farm Rural District, outdoor kennels are not. The minimum zoning required for an outdoor kennel is the "IL" District. The applicant is agreeable to a Special Permit in lieu of the "IL" District. On Tract 2, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future development of single-family dwellings on lots of no less than 22,000 square feet. Development Plan: The applicant is not proposing any new development at this time. Tract 1 is the location of Bluff Boarding Kennels and includes a guest house and a single-family dwelling. The purpose of rezoning Tract 1 is to bring the existing business into conformity with the UDC. The main residential structure is approximately 3,700 square feet. The guest house is approximately 800 square feet and the kennels are Planning Commission Final Report Page 3 approximately 17,000 square feet, allowing the boarding of approximately 225 animals. The kennel is run by one full-time employee and three part-time employees. The normal hours the facility is open to the public is between 8:00 AM and 10:00 AM and between 4:00 PM and 5:30 PM. Bluff Boarding Kennels has 50 indoor/outdoor dog kennels with a three dogs per kennel and nine 20 -foot by 40 -foot outdoor only kennels with five dogs per kennel. The total number of dogs that can be boarded at this facility is 195-200. The purpose of rezoning Tract 2 is to prepare the vacant property for future development of single-family lots ranging in size from one to one-half acres and to bring the zoning into closer conformity with the Navy's Air Installation Compatibility Use Zones (AICUZ). Currently, there is no wastewater service to the area and the minimum lot size for on-site waste disposal systems is one-half acre lots. Existing Land Uses & Zoning: Tract 1 is occupied by a kennel, single-family dwelling and guest house. Tract 2 is vacant land. To the north is vacant land zoned "RS -6" Single -Family 6 District. To the south is vacant land zoned "RS -6" Single -Family 6 District and "RE" Residential Estate District. To the east is vacant land zoned "FR" Farm Rural District. To the west are residential estates of one acre in lot size and zoned "RE" Estate Residential District. AICUZ: The subject property is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ), specifically in the Accident Potential Zone (APZ) 1 and APZ-2. The majority of the subject property is zoned "RS -6" Single -Family 6 District, which allows one dwelling per 6,000 square feet. The "RS -6" District is not compatible with the AICUZ. Single-family dwellings at a density of one dwelling per half -acre is considered compatible with the APZ-2. Dwellings are considered compatible land uses in the APZ-1 other than farm land where there might be an associated dwelling. The applicant is agreeing to down -zone the majority of their property to increase the land use compatibility with the AICUZ. A relatively small portion of the property would be zoned to allow residential uses in the APZ-1 and due to other limiting factors such as access to wastewater, the area within the APZ-1 is not likely to develop with residential uses. Plat Status: The subject property is not platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The applicant's request for the "RS -22" District is consistent with the Future Land Use Map on that portion of Tract 2 along Roscher Road where it is designated for future Low Density Residential uses. Although the applicant's request for the "IL" Light Industrial District on Tract 1 and "RS -22" District on the portion of Tract 2 on Ramfield Road is not consistent with the designation of Low Density Residential and Agricultural/Rural uses respectively in the Future Land Use Plan, the rezoning is generally consistent with the Flour Bluff Area Development Plan's goals to encourage development that is consistent with the Navy's Accident Potential Zone land use guidelines. While a Light Industrial use is not appropriate for this neighborhood, a Special Permit allowing the kennel use and creating compatibility with the neighborhood would comply with the City's Planning Commission Final Report Page 4 Comprehensive Plan and Flour Bluff Area Development Plan while also meeting the land use goals of the Joint Land Use Study. Additionally, the following are pertinent elements of the Flour Bluff Area Development Plan and Comprehensive Plan Policy Statements that warrant consideration: • Comprehensive Plan Policy Statements on Land Use, General f. The density of development in an area should be directly related to the design capacity of the infrastructure. • Comprehensive Plan Policy Statements on Land Use, Residential a. Each neighborhood of the city shall be protected and/or improved so as to be desirable and attractive residential environment. • Comprehensive Plan Policy Statements on Land Use, h: Encourage infill development on vacant tracts within developed areas. • Comprehensive Plan Policy Statements on Economic Development, Military Installations d. City policies concerning areas adjacent to military airports should be consistent with air installation compatibility use zones (AICUZ). • Flour Bluff Area Development Plan, Policy Statement B.5 The City encourages development that is compatible with the Naval Air Station, Waldron Field and Cabaniss Field. Department Comments: • The existing dog kennel with outdoor runs is required to be located in an "IL" District and uses allowed by right in an "IL" District are not generally compatible with residential neighborhoods due to noise, dust, odor, etc. • In staff's opinion, a reasonable solution to allowing an existing use to conform and to protect the future development of the neighborhood is rezoning with a Special Permit for Tract 1. • The proposed rezoning is generally consistent with the Comprehensive Plan goals of following Navy land use guidelines for Accident Potential Zones 1 and 2. • A large portion of Tract 2 is currently zoned for with "RS -6" Single -Family 6 District, which allows up to 7.26 units per acre. Rezoning Tract 2 to the "RS -22" Single - Family 22 District substantially improves the City's compliance with the Navy recommended land uses by limiting density to one dwelling unit per half -acre. • Rezoning Tract 2 to the minimum half -acre lot size ("RS -22" District) is consistent with City infrastructure availability as there is no current feasible access to City wastewater and one-half acres is the minimum lot size required for on-site waste disposal systems. Rezoning Tract 2 to the "RS -22" District also is compliant with the APZ-2 land use guidelines. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Tract 1: Denial of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to the following conditions: Planning Commission Final Report Page 5 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is an indoor/outdoor kennel limited to 17,000 square feet and 225 animals of which no more than 150 animals shall be dogs. 2. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 3. Signage: The Property shall be permitted to have one freestanding sign on Roscher Road and one freestanding sign Ramfield Road. The signs shall be no taller than six feet in height with a sign face no larger than nine square feet. 4. Dumpster Screening: Any dumpster located on the Property shall be located a minimum of 40 feet from Roscher Road and Ramfield Road and shall be effectively screened from view using shrubs and/or trees. 5. Time Limit: In accordance with the UDC, this Special Permit shall expire 12 months after approval unless a certificate of UDC compliance has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Tract 2: Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District. Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 1 outside notification area As of July 19, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 3 inside notification area — 9 outside notification area Totaling 6.94% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Floor Layouts 4. AICUZ Map 5. Application with Photos 6. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-01 James Louis Urban\Council Documents\Report for CC_James Louis Urban.docx SUBJECT PROPERTY Dare Created: 8/24/2016, Prepared By: Jeremy M' art ent of Development Services CASE: 0716-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 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 R5-6 Single-Family5 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 LOCATION MAP S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 Cayo Del Oso County of Nueces Corpus Christi, Texas Qom /�o (40r v� Z /11) /7,c> � !p. Sow 00,x. % �'5% eq7 a 2 r�•e Q� �a90 o j Si \?-‘)Qo'' .--� �o� 1 0`4 ( Rq�f go' 'Qoq a Location Map: N.T.S. CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 90'00'00" 15.00' 23.56' 15.00' N16'00'00'W 21.21' LINE BEARING DISTANCE , Lot 32, Section 39 L1 N29'00'00"E 45.00' `Q. Flour Bluff and Encinal Farm / SYR�' L2 S61'00'00'E 40.00' j and Garden Tracts L3 N29'00'OO"E 91.50' Vol. A, Pgs. 41-43, Map � L4 S61'00'00'E 65.30' Records of Nueces County, Texas \c R% L5 N84'09'44'E 128.85' c., cfjj0 (Owner: Joan Urban) 6 L6 N48'26'04"E 254.05' 0j�,� ha► (Vol. 2256, Pg. 108, D.R.N.C.T.� 1"U L7 N34'08'29'E 126.44' @ ri, 193 j0' L8 S87'35'32'W 10.02' So,p�. 0 4% L9 S48'26'04'W 219.80' )-• �. c fk� Boarding L10 S84'09'44'W 140.52' ^o / III, L1 1 L11 S29'00'00'W 68.00' o , Kennels / L12 N61'00'00"W 82.51' " r�j1 10 cb � / Oy M o� 4%.1:�o ��e�5 G u �s t o OL0 Q�. � ^ \__e,9{�se y1 o _° , o o/ 4.64 Acres O v (2(202,05880�ry0 / 6 Ao 045 A 60 2 /� Lot 31, Section 39 L10 / Flour Bluff and Encinal Farm ` and Garden Tracts C v / Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas 1 (Owner: Joan Urban) / (Vol. 2256, Pg. 108, D.R.N.C.T.) dinof e / v�,e/a R ov / C sect ah he Site Plan for a 4.64 Acre Tract of Land of Lots DATE: Feb. 24, 2016 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, — I URBAN SCALE: 1"=200' JOB NO.: 11403.B6.00 a map of which is recorded in Volume A Pages 41-43, MapRecords 9 — ENGINEERING LTBPE FIRM NO. 145, TORP FIRM NO. 10032400 2725 N . DR,5 CORPUS NO. 76404 SHEET: 1 of 1 �T DRAWN B 1 : XG of Nueces County, Texas. PHONE 361.854.3101 WWw.URBANENG.COM urbansurvey1 urbaneng.com 0 2016 by Urban Engineering S:\Surveying\11403\6600\Siteplan.dwg, 7/7/2016 2:03:14 PM, DWG To PDF.pc3 BASSET KENNELS 3Sf1©H ISifiJ AIa11VD 8 Lit < N i r r BLUFF BOARDING KENNEL OC; twvi •J 3LLLFF 304R.0 '/VY City of Corpus Christi CASE: 0716-01 AICUZ Runway Control Zone Zone 1 Zone 2 SUBJECT PROPERTY yoR�F�� N@F` °soc 4FFK LOCATION MAP `o�Qt,s ,yR,s� ' m J 1 52 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 01716-01 039029 Case No.: Map No.: PC Hearing Date: Tuly 13, 2016 Proj.Mgr: Bob Payne Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5.30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: James Louis Urban Contact Person : James Louis Urban Mailing Address:2725 Swantner Drive City: Corpus Christi state: TX ZIP: 78404 Phone: (361 ) 854-3101 E-mail: Cell: ( ) 2. Property Owner(s): Estate of Joan Wakefield Urban, deceased Contact Person : James Louis Urban Mailing Address- 2725 Swantner Drive City: Corpus Christi State: TX ZIP: 78404 Phone: (361 ) 854-3101 E-mail: Cell: ( ) 3. Subject Property Address: 2002 and 2020 Ramfield Road Area of Request (SF/acres): 17,000 sf _ Current Zoning & Use: RS -6 and FR Proposed Zoning &Use: Tract 1: "IL" 4.64 ac (Kennel) 2476-0039-3100 and 2476-0039-3101 Tract 2: "RS -22" 23.59 Ac (Vacant) 12 -Digit Nueces County Tax ID: - - Subdivision Name: Flour Bluff and Encinal Farm and Garden Tracts Block: 39 Lot(s): 31 and 32 Legal Description if not platted: 4. Submittal Requirements: Date Held 11-6-15 ; with City Staff Annika Gunning Yankee CIEarly Assistance Meeting: ❑ Land Use Statement ❑ Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE: 0 Peak Hour Trip Form (if request is inconsistent exhibit landowner with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) • Lien Holder Authorization is not signing this form ■ Appointment of Agent Form if I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the information provided is accurate. t.12 (Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 2-26-16Received By: bkp ADP: FB Rezoning Fee: 2176.75 + PUD Fee 0 + Sign Fee 20.00 = Total Fee 71 Ah 75 No. Signs Required 2 @ $10/sign Sign Posting Date: K 1DEVELOPMENTSVCSISHARE01LAN0 DEVELOPMENTV4PPLICATION FORM51REZONING2ONING APPLICATION 2015.DOC Form Revised 511212015 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), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner is requesting a change of zoning from RS -6 and FR to IL - Light Industrial on a 4.64 Acre Tract. The property currently has an existing residential structure with a detached indoor/outdoor kennel. The main residential structure is approximately 3700sf with a detached guest house adjacent to the the kennels. The guest house is approximately 800sf and the kennel section is approximately 17,000sfThe kennel is run by 1 full time employee and 3 part time employees. The normal hours the facility is open to the public is between 8:00 a.m. and 10:00 a.m. and between 4:00 p.m. through 5:30 p.m. There is a small sign on Roscher near the driveway entrance. The owner is also requesting a change of zoning from the FR and RS -6 Districts to RS -22 District on a 23.59 Acre Tract of Land. 2. Identify the existing land uses adjoining the area of request: North - RS -6 (residential) and FR (Vacant) South - RS -6 (residential) and FR (Vacant) East - FR (residential) West - RE (residential) C1USERS\TANYAR.0001OESKTOPIDAILY USE ANNIKAILAND USE STATEMENT FOR ZONING.tOC 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: James Louis Urban STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas FIRM is: Corporation Partnership Sole Owner zip: 78404 Association (+ Other Independent Executor 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: James Louis Urban Title: Independent Executor (Print Name) Signature of Certifying Person: - Date: February 26, 2016 K:IDEVELOPMENTSVCSISNARE04LAND DEVELOPMENTIAPPLICATION FORMSYREZONMNG\DISCLOSDRE OF INTERESTS STATEMENT_5.122015.D0C Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suolica me den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo. al nt 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_iesea..Slri - la commission durante la junta y su ingles es Iimitedo, favor d a Ilam ar _al de , :,�a s -.y �• ento.de.servicios_dj • = siarr+Ilo al numero (361) 826-3240 al menos 48 h urv' �I�Ze%ser •fe§ehte`dur- - a unta. sows mi imitD2:1" A'"7 ; _J 11 JUL 13 2016 J CITY PLANNING COMMISSION91NLieQl6r ^ 1 DEVELOPMENT SERVICES PUBLIC HEARING NOTICE �C ti SPECIAL_ �_ sERVICES Rezoning Case No. 0776-01 &17142 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christ to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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. 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 inperson, by telephone call or by letter. Printed Name: --a"-61.,,,, s-1-..L\,k -rt 1 Address: AI O l 1R ns2 City/State: C o v -r4, s e.An e s- , T)( ( ) IN FAVOR (4 IN OPPOSITION Phone: 3 !- 737- 6/07 REASON: j rG-c-tl Z s1 -.0,,.\J 1r3 $ +n ell�orhoa�c o.rt- ZzdveSt. � E - iZ C oys. e xAr'ri..¢ SEE MAP ON REVERSE SIDE Properly Owner ID: 4 HTE# 16-10000010 Case No. 0716-01 Project Manager Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 4 870000010390 STUBBLEFIELD JOHN CALVIN ET UX CHERYL A STUBBLEFIE 2101 RICHLAND DR CORPUS CHRISTI, TX 78418 - Nis 0 e PIIh(Y I OWl:s 02 1M $ 00.466 0004287110 JUL 01 2016 MAILED FROM ZIP CODE 7841 2 , / °R •-"\\ ala \FRE \ `\ Fli,litul�liiifflj�li�llllllli SUBJECT ., PROPERTY' FR • 1 RE O RE BOP Doe GF/IFC. 02120191 Oren r.0 P1: Ja-.rFM LRR +.wo.nlaam.nls.rvku CASE: 0716-01 SUBJECT PROPERTY WITH ZONING 0 Subject Property 010.1 RM,9 RMJ ON R11 -a1 CN -1 CM.2 CR -1 CRd C41 Cpl CI CBD CR -2 FII NBP W0lfamlry 1 useddrolly2 Nlnnamlry 9 AereeFMru 0111c. MJNINnIIIy AT Ilagnnplra00 Comm.:.Ml R.g0ba.lr.e0 Comm.rcl.r R..m1 C.mm.1.lal Recon Commercial peen. Como/mod. Gnnl Cw.mer14l wends.. C00111fl.l 00wm0wn Commercial Radio C.mm.rclel Fan, Run NNNe01 Overlay 0..10... 0001 4 ll9nl ln0ldelal O 0 14..101001. 0tral P up Planned 0 n 1 Dee Overlay O 0.10 11n0M-Fam1y 10 R6� SIn0Mf0mlly 6 R141 61n0MSFmll, a.6 110•RF 1No-ra.I1% 81.11 601000-Fam00 11 RF R1.IC.mlal BUM O 0.TN 9tiwneeuw 0P 6gc1.I PLrmR Ry Recreational WINO, Park 0004 raflurlat400 Naim � F SUBJECT PROPERTY (LOCATION MAP 41, Cityof Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades. aue tienen la intention de asistir a esta junta v aue reauieren servicios esoeciales. se les suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo. al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inoles es limitedo. favor de ilamar al deoartamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta Dara soiicitar un interorete ser Dresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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: _� 1 r, 11 611; 5 \, , Address: 3 5-0 1 f .. D 5e 40 W n O f City/State: ("0 i o { ) IN FAVOR ( ) IN OPPOSITION Phone:.3ty 1- 13 `, - g f' REASON: SEE MAP ON REV R$E 91DE Property Owner ID: HTE# 16-10000010 /44e-e4=di N,604. Signature Case No. 0716-01 Project Manager. Bob Payne 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 la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea_dirioirse a la commission durante la iunta y su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22.000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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: , b j _ _ If F A1% 1. [?(W Address: :; ' h4D. V,C, E'S10 to tJ -b9..tvt City/State: £C Y)C a F411 ( ) IN FAVOR (i..4N OPPOSITION REASON: Phone: - alllEVtN Q N -NQI.)lNri E Rola' INS-Ofirr-IC.104T Tb Ni�Ni31,� 1 r5c� NclG+tt^�{tl'2 r+oo� RCSTHET1C5 evy C Signature SEE MAP ON REVERSE SID Property Owner ID 12 HTE# 16-10000010 6 -)(TRA TEuCLt Case No, 0716-01 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a esta iunta v oue reauieren servicios especiales, se les suolica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al nitmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su irides es limitado, favor de !lamer al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION 2-eC e Ue d 7 / 13I 1(19 PUBLIC HEARING NOTICE 04 Fe, SIU Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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 tetter. Printed Name: .4.1064 a:a Address: 2201 1,61., %scx,,,y�q OIa4K • { ) IN FAVOR REASON: City/State: C rwe ti [K 18023 (4IN OPPOSITION Phone: 361 - 13/- IS 61 SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Case No. 0716-01 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intencion de asistir a esta iunta v aue reouieren servicios especiales, se les suplica oue den aviso 48 horns antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirinirse a la commission durante la iunta v su ingles es limitado, favor de Ilamar al deDartamento de servicios de desarrollo al nOrnero (361) 826-3240 al menos 48 horas antes de la Junta para solicitar un intern rete ser oresente durante la iunta. CITY PLANNING COMMISSION 12cAid ,� PUBLIC HEARING NOTICE i�- J\J Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "iL" Light industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and,or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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, THS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78489- 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: Jennifer L. Bayer Address: 2133 Whispering Oak Drive ( ) IN FAVOR ❑✓ IN OPPOSITION REASON: City/state: Corpus Christi, TX 78418 Phone: 361-937-7594 My wife and I are not in favor of this zoning change for the following reasons: 1) We believe property values in nearby subdivisions will suffer. 2)) Roscher Road is narrow and in extremely poor condition and more traffic and heavy construction vehicles will make it worse as well as more unsafe than it Is now. 3) A subdivision with such small Tots and homes is contrary to the existing homes and surroundings and there is no such small lot subdivision within miles of this rea_ SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Case No. 0716-01 Project Manager Bob Payne 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 a' (361) 826-3240. Personas con incapacidades. oue tienen Ia intention de asistir a este junta v clue renuieren servicios especiales, se les suplica oue den aviso 48 horas antes de Ia iunta Ilamando al deoartamento de servicios de desarrollo. al niimero (361) 826-3240. If you wish to address the Commission during the ; eeting 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 dirjairse a la commission durance la junta y su irides es limitedo _favor de (lamer al departamento de servicios de desarrollo al numero (361826-3240 al menos 48 horas antes de la Lunta para solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 Fwd --110,\16, The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13. 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: Kent M. Bayer Address: 2133 Whispering Oak Drive i /state: Corpus Christi, TX 78418 ( ) IN FAVOR n IN OPPOSITION Phone: 361-937-7594 REASON: My wife and I are not in favor of this zoning change for the following reasons: 1) We believe property values in nearby subdivisions will suffer. 2)) Roscher Road is narrow and in extremely poor condition and more traffic and heavy construction vehicles will make it worse as well as more unsafe than itis now. 3) A subdivision wit ,., small lots and homes is contra to the existing homes and surroundings and there is no such small lot subdivision thin 'iI5 of this area. SEE MAP ON REVERSE SIDE Properly Owner ID. 15 HTE# 16-10000010 Case No. 0716-01 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta iunta v aue reauieren servicios esoeciales, se les suolica aue den aviso 48 horas antes de la Junta Ilamando al deoartamento 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 diriciirse a la commission durante la junta v su irides es limitado, favor de Ilamar al deoartamento de servlcios de desarrollo al ro)mero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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. 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 Nam 1JLc4_ . Add ssZ) -C 5 f e t Q A. ity/State: `O r'f u. Phone:.367 /-137-9 6 Z ..300f ( ) IN FAVOR IN OPPOSITION REASON: S vitt a ti lc& ¶J-t:CY-1 c SEE MAP ON REVERSE SIDE Property Owner ID. 15 HTE# 1 6-1 0000 01 0 44,41,,a1 Signature Case No. 0716-01 Project Manager Bob Payne 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, aue tienen la intencibn de asistir a esta Junta y aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la iunta Hernando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su incites es limitedo, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 o\ok 1\c\v" The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single-Familv 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast comer of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. July 13. 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: (A)1 I I k vAG �AL 1(j, . 1,� f C7 . Address:Z 1 LIC i S��tI ►'1c� °ak City/State:CD it C ( ) IN FAVOR (4 IN OPPOSITION Phone:.3G1-q3/ 6 -Loi REASON: L -h'f `b 7 c It, coy,11z ckt 1e<t4 o►1e e /./ SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Signature Case No. 0716-01 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v cue requieren servicios especia es. se les suolica rue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo. al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la junta v su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoorioutdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfleld Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andfor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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: Christopher H. Hall Address: 3429 Newcastle Dr. City/State: Corpus Christi, Texas ( ) IN FAVOR (y) IN OPPOSITION Phone: 361-548-6300 / 361-884-1961 REASON: The surrounding roads are too narrow and too poor a condition to support the additional traffic. We are seeing that already. We have no storm water management system and already have regular flooding even with the exacerbation of the change in grading/additional impervious ground cover. We've seen this already with the new Oso George development that is partially com feted. Sign Cu SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Case No. 0715-01 Project Manager- Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a este junta v aue reauieren servicios especiales, se les suplica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niurnero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su finales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 1\1701\w The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. July 13, 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: �� /� 3 Pa Address: �`% �G�4V5 4 City/State: ee 771'/Y ( ) IN FAVOR (5 IN OPPOSITION . Phone: REASON: SEE MAP ON REVERSE SVDE Property Owner ID; 15 HTE# 16-10000010 Case No 0716.01 Project Manager: Bob Payne 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 intencien de asistir a esta junta v clue reauieren servicios especiales, se les suplica clue den aviso 48 hares antes de Ia junta Hernando 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 Ia junta v su inales es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361826-3240 al menos 48 hares antes de la iunta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-01 IRNot The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramfield Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. July 13, 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: IL -A6,-,, / ._190 Address: -34/L ti City/State: CL IM (%IN OPPOSITION Phone: ( ) IN FAVOR {r-rAc--# c` CAZ-t- kiu a_ roysi- D -c REASON:// f /JQ 5 ae--t/ A1`e~ tiThnatirovU _ra eat ._ . i�� �, 4—-f' r- p SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 16-10000010 Signature 1 elk Case No. 0716-01 Project Manager Bob Payne 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. PersonaLcon incapacidades, aue tfenen la Intencion de asistlr a esta Junta v aue reauieren servicios esoeciales. se les suplica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo. al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su inales es limited!). favor de Ilamar al deoartamento 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. 0716-01 1 I ( ) ttee) The Estate of Joan Wakefield Urban has petitioned the City of Corpus Christi to consider a change of zoning on Tract 1 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "IL" Light Industrial District to bring an existing indoor/outdoor kennel into compliance with the current zoning regulations and on Tract 2 from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -22" Single -Family 22 District for future single-family residential development with minimum lot sizes of 22,000 square feet. The property to be rezoned is described as: Tract 1 being 4.64 acres and Tract 2 being 23.59 acres with both tracts being out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Roscher Road and Ramffeld Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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, elther,at home or office, or In person, by telephone call or by letter. II YY `� Printed Name: ,1 e. n t e r a Address: 3 q /L -S CCU ccL5rLt City/StateCC' i 5 Ch ( ) IN FAVOR N OPPOSITION Phone: CAA `�'3B' AI 14 REASON: Loi S s\noulc bo _ cR`c -ST on& ac:cc_ t C) S ► �,e-- S L evv kos- )-t c-rou r ci.tn °\ c ksl ksh bO c- h o ocX3 . �J o 1; n t l n du 5t , c>~S- Sh 0 u\ ci, k-¢- 0`k)1n a_ L) t, e_A- eti hbc c Y1 DOA.. SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 1 6-1 000001 0 //LW 24,m4ave/ Signature Case No, 0716-01 Prgect Manager. Bob Payne AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 9525 Leopard Street CAPTION: Case No. 0716-02 Shaws Development Joint Venture: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property is described as being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. PURPOSE: The purpose of this item is to rezone the property to allow development of a single- family subdivision with a minimum lot size of 4,500 square feet instead of 6,000 square feet. RECOMMENDATION: Planning Commission and Staff Recommendation (July 13, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the rezoning is continuation of an existing development pattern in terms of use and density of the Northwest Crossing Subdivision. A subdivision design was provided with the application showing the 11.84 acres to be developed with 69 lots at a density of 5.83 units per acre. The property to be rezoned is suited for low density residential development and is compatible with present zoning. The rezoning does not have a negative impact on the surrounding neighborhood and is consistent with the Comprehensive Plan and the Northwest Area Development Plan.. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for Low Density uses. The proposed rezoning to the "RS -4.5" Single -Family District is consistent with the Future Land Use Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Shaws Development Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Shaws Development Joint Venture ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, and on Tuesday, August 9, 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 Shaws Development Joint Venture ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road ("Property") from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 059046) , 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 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 Ordinance -Shaws Develoment Joint Venture Page 2 of 2 Exhibit A 11.84 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 20404.B6.02 June 9, 2016 Fieldnotes, for an 11.84 Acre Tract of Land of Lots 1, 8 and 9, Artemus Roberts Subdivision, a map of which is recorded in Volume 3, Page 41, Map Records of Nueces County, Texas; said 11.84 Acres being a portion of a 13.445 Acre Tract of Land, described and shown as Option Tract "B", in Special Warranty Deed from D.H. Braman, Jr., Joe Braman, D.H. Braman, III, and D.H. Braman, Jr., as Trustee of the Kate S. O'Connor Trust for Thomas Edward Braman, to Shaws Development Joint Venture, recorded in Document No. 2007024157, Official Public Records of Nueces County, Texas; said 11.84 Acre Tract being more fully described as follows: Beginning, at a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, on the East line of a 120.00 Foot Wide Drainage Easement, recorded in Document No. 2003045766, Official Records of Nueces County, Texas, being the Southwest corner of Northwest Crossing Unit 7, a map of which is recorded in Volume 68, Pages 282-283, Map Records of Nueces County, Texas, for the Northwest corner of this Tract; Thence, North 89°12'48" East, over and across portions of the said Lots 9, 8 and 1, with the South boundary of the said Northwest Crossing Unit 7, Northwest Crossing Unit 6, a map of which is recorded in Volume 64, Pages 150-151, Northwest Crossing Unit 4, a map of which is recorded in Volume 64, Pages 57-58, Northwest Crossing Unit 2, a map of which is recorded in Volume 62, Pages 171-172, and Northwest Crossing Unit 1, a map of which is recorded in Volume 62, Pages 1 and 2, all out of the Map Records of Nueces County, Texas, and with the North boundary of this Tract, at 1890.00 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, at the Southeast corner of the said Unit 1 and the West Right -of -Way line of Rand Morgan Road (F.M. 2292), a public roadway, in all a distance of 1910.00 Feet, being the Northeast corner of a 10.00 Foot wide Water Line Easement, recorded in Volume 2131, Page 946, Deed Records of Nueces County, Texas and this Tract; Thence, South 00'47'12" East, with the said West Right -of -Way line, the East boundary of the said Water Line Easement and this Tract, 270.00 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, for the Southeast corner of the said Water Line Easement and this Tract; Thence, South 89°12'48" West, at 25.00 Feet, pass the said West right-of-way and East boundary of Lot 1, Block 1, Northwest Crossing Church Tract, a map of which is recorded in Volume 64, Page 70, Map Records of Nueces County, Texas, at 660.00 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX" Found, at the Northwest comer of the said Lot 1, Block 1, in all a S:1Surveying120404\B6021OFFICE\METES AND BO'UNDSIFN_11.84Ac_20160516.doc Page 1 of 2 (361)854-3101 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 distance of 1910.00 Feet, to the East line of the said Drainage Easement for the Southwest corner of this Tract; Thence, North 00°47' 12" West, with the East line of the said Drainage Easement, 270.00 Feet, to the Point of Beginning, containing 11.84 Acre (515,700 Sq. Ft) of Land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. This description was prepared from fieldwork performed in March and September 2015 and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility a_ its accuracy. Also reference accompanying sketch o James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1204041B6021OFFICE1METES AND BOUNDSIFN_11.84Ac 20160516.doc Page 2 of 2 Rand Morgan Road (F.M. 2292) S00'47' 12"E 270.00' i - V7 (D co at Spanish Trail Northwest Crossing Un't 1 Vol. 62 Pgs. 1-2, M.R.N.C.T. o cn co N m, UI N Overland Trail vl In a • 0 Northwest Crossing Unit 2 n Vol. 62, Pgs. 171-172, M.R.N.C.T. M / 1 H1 ID N (0 in in in u7 Coronado Trail CO a, n ID in a (n in (0 c0 r•) 0, n n co n 01 a7 CO M a^ CD Chisolm Chisolm Trail ON .4 auri 101 En N N 0 QO 4 03 n iO3 in n Northwest Crossing Unit 4 0. Vol. 64, Pgs. 57-58, M.R.N.C.T=ID MI t- — a� N Ni N /�y Gal op Trail In rn (' N CD N _a N a M a a a in a Trail ----Northwest Crossing Unit / a, — Vol. 64, Pgs. 150-151, 1 u� R.N.C.Ti. 1 u7 10 u� 10 u1 n� 1 Barlow ` I s a: -00 // TI In tm// J � / g-9 v ® ID ID ID ID rn N n n I ///a2 E lD I ,�t' �Z Rhumba Trail o U o _Northwest Crossing Unit 7_ _ Fq 1 S Vol. 68, P. 282-283, Ll M.R N.C.T.I0 1 N N4 NJ N �N_L N I N 03 �N J T 10 0 J 8 C W °1 c4 Q O O O N O O O O O N Exhibit B cNI Ito co u 0 m iT c N. 4 - o'1 01�,'„Xow NO a c oilNo s O 45. to.„ mW om J 0 F E i zlexl Lop // .// // / / // // n u•r la /P N00'47'121'W -270.00' — o e p g 120.00Wide Drainage P- m (Doc. No. 2003045766, Artemus Roberts Subdivision Vol. 3, Pg. 41, Map Records of Nueces County, Texas `O (Owner: Braman Ranches LLC) (Doc. No. 2009000322, 0.P.R.N.C.T.) / 101 Easement _2/-7- O.R.N.C.T.) CARDur E Aerial Overview Aerial R S - 6 'and till4 M IS lEal kg e EWEN NEE NOMA Ulf itiAllkie 11 Ell k7` %IP v. 51e2e' ''*41 = DNIG i3Otelnau la -. 1 S MM fahj '+ US '; 11,61 a LA -. 1 , . lk.„)• ..,.. A .41 tri.,,,_„%ne , : .....- . gm i EM in " a . i ,, .,,, ..-Lw ..,: In J• BE , %.9 6'.-, - ,, ,3 ' el mamba ) i.. 4.1 Sag pri iiiire EN . i,. rtgar I , 4 . . PLANNING COMMISSION FINAL REPORT Case No. 0716-02 HTE No. 16-10000022 Planning Commission Hearing Dates: July 13, 2016 Applicant & Legal Description Applicant/Owner: Shaws Development Joint Venture Representatives: John Wallace Legal Description/Location: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 11.84 acres Purpose of Request: To allow development of a single-family subdivision with a minimum lot size of 4,500 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Low Density Residential North "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential South "RS -6" Single -Family 6 Church, public semi- public and Vacant Low Density Residential East "FR" Farm Rural Estate Residential and vacant Light Industrial West "RS -6" Single-family Drainage Corridor and Vacant Drainage Corridor and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS -4.5" Single-family District is consistent with the adopted Future Land Use Plan. Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 270 feet of street frontage along Rand Morgan Road, which is an "A-2" Secondary Arterial Divided, and approximately 50 feet of street frontage along Chisolm Trail, which is a local residential street at this particular location. The maximum desirable average daily trips for an "A2" Secondary Arterial Divided street is 20,000 to 30,000, and for a Local Street is 1,600. Planning Commission FinalReport Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rand Morgan Road "A2" Secondary Arterial Divided 100' ROW 54' paved 80' ROW 22' paved 6,094 ADT (2013) Chisolm Trail Local Residential 50' ROW 28' paved 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RS -4.5 Single -Family 4.5 District to allow the development of a residential subdivision. Development Plan: The applicant is proposing to rezone 11.84 acres of land. The existing "RS -6" District allows a minimum lot size of 6,000 square feet or overall gross density of 7.26 units per acre versus the "RS -4.5" District with a minimum lot size of 4,500 square feet and an overall gross density of 9.68 units per acre. A subdivision design was provided with the application showing the 11.84 acres to be developed with 69 lots at a density of 5.83 units per acre. The proposed lots average 5,500 square feet in area and 50 feet in width. Existing Land Uses & Zoning: The current use of the property is vacant land. North of the subject property are single-family dwellings zoned "RS -4.5" Single -Family 4.5. South of the subject property is zoned "RS -6" Single -Family 6 and with a church, a wastewater lift station and vacant land. East of the subject property is zoned "FR" Farm Rural with estate residential uses and vacant land. West of the subject property is zoned "RS -6" Single-family Residential District and contains a drainage corridor and vacant land. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slate the subject property for low density residential uses. The proposed change of zoning of the 11.84 -acre tract of land to the "RS -4.5" Single-family 4.5 District is consistent with the adopted Future Land Use Map, and meets other criteria of the Comprehensive Plan and ADP, such as: The construction of quality, affordable new homes, and the rehabilitation of substandard homes should be encouraged. (Comprehensive Plan, Housing Policy Statement B), Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F),and Planning Commission Final Report Page 3 The density of development in an area should be directly related to the design capacity of the infrastructure. (Comprehensive Plan, General Policy Statement F) Plat Status: The subject property is not platted. Department Comments: • The rezoning is consistent with the Comprehensive Plan and the Northwest Area Development Plan as outlined in the previous section of this report. • The rezoning is compatible and is a continuation of an existing development pattern in terms of use and density of the Northwest Crossing Subdivision. • The property to be rezoned is suited for low density residential development. • The rezoning does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 65 within 200 -foot notification area 5 outside notification area As of July19, 2016: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.36% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Subdivision Plat 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-02 Shaws Development JV (NW Crossing Unit 8)\Council Documents\Report to CC - Shaws Development Joint Venture.docx bG-1 10 RS 'NW u M Y R RS -6 J GOO DNIG HT�LOW NG'TRL■ 0 J a a DB M m P. ri b V or N h P0 h m h W V P ;9 31 n V M M ry N ry N SPANISH TRL FR 77 a n55 60 X43 36 $17v 9 n 10% 16° 0 — i.acksaga. 38 51 30 1s 45 65 45 RS -6 0 400 800 O Feet RS -6 Dare Created: 6/24/2078 Prepared Ely. JeremyM Department of Devefaprrr.SerrJces— CASE. 0716-02 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 -9 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 -16 Single -Family ID 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 -Til Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home - J7/ s SUBJECT PROPERTY w it LOCATION MAP City of Corpus Christi 1.) Total platted area contains 11.84 acres of land. (Includes Street Dedication) 2.) The receiving water for the storm water runoff horn this property is Inc Oso Creek. The rCEO has not classified the aquatic life use for the Oso Creek, but it is recognized 05 e entally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEO has classified the aquatic life u e for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as contact recreation" use. 3.)Bean1ngs based on OPS. NA083 (2011). Texas Coordinate System of 1983. Texas South Zane 4205. 4.)By graphic plotting only. this property is in Zone "C"on Flood Insurance Rate Map. Community Panel Na. 465464 0133 C. City of Corpus Christi. Texas, which bears an effective date of September 17, 1992 (Panel not printed) and is not in a Special Flood Hazard Area. 5.) The yard requirement, as depicted is a requirement of the Unified Development Code and is subject to change as the zoning may change. State of Texas County of Nueces Shaws Development J hereby certifies that of the Venture, rthforegoing plat; that lands a have pubic use a id (forever; W the publiiceuse t the operation a of easements c utilities; and that this map was made far the purpose Raaf description and dedication. County of Nueces City of Corpus Christi •catiO Map: N.T.S. State of Texas County of Nueces This final plat of the escribed property was approved by the Department of Development Services of the City of Corps Christi, Texas. This the ___— day of Plat of Northwest Crossing Unit 8 Rer pmatmShruP.EED P 11.84 Acres o/ Land out o/ Lots 1, 8 and 9, Artemus Roberts Subdivision, a mop of which is recorded in Volume .1, Poge 41, Mop Records of Nueces County, Texas; soid 11.84 Acres being cut of a 15.445 Acre Tract of Land, described as Option Tract '8; and shown on Exhibit il" in Special Warranty Deed from O.H. Braman, Jr., Joe Braman, O.H. Braman, /1/, and O.H. Braman, Jr., as Trustee of the Rote S O'Connor Trust for Thomas Edward Braman, to Slows Development Joint Venture, recorded in Document No. 2007024157, Official Public Records of Nueces County, Taros. State of Texas County of Nueces George S. H hereby «mines tInc property o by Shaws Oevelopment aJo a foregoing map and he This Inc day of ___ approves of the subdivision and dedications fare Inc shown smand considerations therein expressed. By. Shell Land Management Company. Inc.. Managing Joint Venture State of Texas County of Nueces This instrument was acknowledged before me by John Wallace, as Uce—President of Shell Land Management Company, Inc., and the Corporation ...edged this instrument as Managing Joint Venture on behalf of Shows Development Joint Venture, a Joint Venture. This the day of 20 This the day of 20 Slate of Texas County of Nueces This instrument was acknowledged before me by George S. Hawn. This the day of 20 , 20 State of Texas County of Nueces This final plat of Me Inc herein described property was approved on behalf of Inc City of Corpus Christi. Texas by a Planning Commission. This the ___— day of 20 State of Texas County of Nueees Kara Sands, Clerk of Me County Court in and for said County. d hereby certify ted a foregoing instrument d _ of _ 20_� w s c ertificate of awasuthfiled far record in office ___ day of _ 20„_[_At _ _ O'clocke^_a my tion _M.,, and Volt' recorded the ___ day of 20___� at ____ O'clock _1J., in said County in Volume Page Map Records. Wltness my hand and seal of the County Court. in and for eaid County. at office in Corpus Christi, Texas. the day and year last vrilten. at O'dack _N. ro sands. caanry clerk Nueces caamr. r«aa 80 Deputy State of Texas County of Nueces I, James D. Cam. a Registered Professional Land Surveyor for Urban Engineering. have prepared the foregoing map ham a y made an Incthe ground under y direction and is true and correct to Inc beat of my knowledge, information and belief; I have been engaged under contract to cel all Lot and Block corners a shown herein and to complete s.* operations with due and reasonable diligence consistent with sound professional practice. Thio the __ day of 20 es D. Cam, R.P.LS. Tezas License Na. 8458 c U R B A N' SAT1. DATE: June2016 E:: .: 20404. JOB TOBfi.03 ENGINEERING SHEET: 1 of 2 mansl Bi man \ vis Pvrue, mrwarr 02018 by Ui an 10.0,5edng Barlow camp 3a ,x® / z5 1- IsaE _ 'I I 2 22 - w 3a Rerorae� �,is Ss�e LL west � - �, �n xx 1 Crossing Ree,aeqo,1. eee &ot , . e0 �.25 �o�l� 1 SKr 2' 181D. a g�- s l ,IS o. p v E r'-511 Em 8 l 0000 MOB ms 1x70 e u a/. �Gy/ 8,��✓/ 8 �, ,, sl.sa e e r8, sl.so n J5 r8 sem. 51.50 n J6 r8 r 51.so• n Js r8, 9•m 1.so• n B5 r sl.sa sl. so n ®n 8 co r8, 80 r 51.50 n 8 61 r8 51.50 n , r 51.50 n 8 es r8 sl.sa n es r8 sled n 85 r8 70.50 86 r :s 8 8 8 x9• "s g f_ x9•• n Ir B5 r 51.50 n 8 Bs r8 51.50 mesa r s sl.sa 8 eeasa ®lam ./%'i $ ,Y j= _ .r �wr.a_ _ _ _ _ _ _ _ _ _ mexrp 1 g F ,1 ,^V b I1 Y _ _ er $8 g� eiso� 8 °b m f(( 51.70 51.50 51.50 S 1559•1x,10., s,.so 51.50 51.50 sl.sa 1 70.50 a "'1b E 70.19• 1 ' sl. lry N e r iwao• y�/j/y� ma na'° e faRm . a R n..,. ..... �', " f 1.2 +81 1 a'om -I- �= =~ N " f ----- Llano EO Drive /1<rs F ss3.1318 / n 7051xea, 172,.70. 1x7070' g18 335 x' 8g 8 s x070 0070 50.70 .,. x/ 50.70 5000 0502 50.70 50.00 50.aa 70.70 5230 nm u� 5070 70.70 ,am 70.70 70.70 1%/ 3708 e 8 T �' T _ T ' T T -.0.7.5. T T T T T T T T T T T T o r / glom i ,_ ii�ex.n 8 2 8 54 .o I be ,er $ "8 ]a "0 _ s f 9 70.70 32 :e _ swoef 8 5040 $ i/ QI :o _ s oef 8 nm .// _ . 70.70 - "8 2� "0 i/ 8 • "$® 28 "e _ mow 8 6.° 2] �0 _ ssoal 8 am s "� 26 "0 _ ssmef 9 .aa{' $ 25 „e _ 6woef 8 _ s n.aa "� 20 "0 oef 9 70.70 _ moo.f n.ao 2] A-5 8 $ "8 00 "0 _ sager 9 nm 21 �e _ mow •8 nm $ "� 20 "0 _ 557051 9 sam "� 19 "e _ moor 9 n.m IB �0P81 _ maoel 8 sam "$ 5100 " _ 5 .f 9 50.00 I6 �aP81 maoel •8 r 5oa5 "o _ s f 9 . _ s: El I 9i 9I �„n e.o� 9an94 811 vol s. s. caw" «e; (Doc. °.2009000322 o.PR . _) \P$ I N8912'48'E 1910.00' Lol 8 v°,. 7 P9. 1. Mop Records al Nu (Doc. No. 2009.0322, a.Pre.m. «c; County. ,5,005 r.) 11; ^l Trail �2 Troll _<�3e 39• ,n -e j en EA 15 ss No9nwe fiee°r0. . P,� NaeeH'c�u°lv. °+In 38 33 71-172, Tess r J 3 Northwest o Pg L---�.Ens- n�e lzR ® ssing Unit 1 e 1-2.r. .bye • °le 0;5'70 am cc. 50 5,1 85 �8 ,ler 8 5� •110 86 r8 556551 8 87 r8 el 8 S 0.50 e8 r8 5 of g 5.50 e9 r8 5 mf 8 £ 5.70 90 r8 5e65a1 2 0 91 r8 566551 8 e2 r8 5e el 8 sl,n-- e3 r8 5 of 8 a 51 n e4 i,8 5 mf 2 0 5100 95 �8 5e65a1 8 a sl.sa 96 r8 566551 8 o 5100 es 5e el g 0'" 1 4 5100 8 e8 �8 5 of g 5100 e9 ''8 5 mf 2 5100 100 �8 5e65a1 8 m. n l 5051 111 ���yyy 500 5/ 0 vla,m'am cx. n �y 70.5 51.60' 51.50 51.70 5.50 5..70 5100 5 ' 51.50 5..70 51.50. 50 51.70 51.50 5.52 55.5 {{f�g ,1 Plat of .mw. e55.5 " 00.,E Northwest Crossing Unit 8 mr ,3Ti ,m. f 1 Merl u'x 1 " Ilan Estacado Drive " x m w 70.70 50.70 50.70 - .m 50.0 70.70• nm n.aa nm �au nm 52.00 - am 50.70 50.00 50.00 7000• /"• , 11.84 Acres of Land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, a mop of which is recorded in Volume J, Page 91, n r8 x70 0' n 17 r8 moos Sa.m N 16 r8 ssaal sam n 61005 r8 s .r 5a.m r8 _ maml sam 5,703 r8 5500s 50.70 12 r$ maar 50.70 �xo•.n. - r8 now 50.70 10 r8 snow 50.aa ' n _ ss or .' ' - - 8 8 r snow 52.00 ) s smr sam 8 6 r _ wow som - - n 5 s nal sa.m 8 moos 50.70 - - N $ ] r8 maml sam - - n 5526 r8 s er 50.70 1 x11,1 _ x e m rll$. 1Thomas 6x.50• t uuP 9" _ Mop Records of Nueces County, Texas; said 11.84 Acres being y�` out of a 11445 Acre Tract of Land, described as Option Tract �+^ - �^ V7. and shown on Exhibit A' in Special Worm* Deed from r D.H. Braman, Jr., Joe Braman, D.H. Braman, 111, and D.H. Ji b Braman, Jr., os Trustee o/ the Note S O'Connor Trust /or Edward Braman, to Shows Development Joint Venture, recorded in Document No. 2007024157, Official Public Records eros ck I Nortnwesl Cros��g Gwm noel ecords County.levos ue )y of N es Caunly, Texas. DATE: June 1. 2016 3.)lr � III er.-aoaire re.s M sl enwv,)I 90 60 30 30 ..0 60 120 o \ (1 (rU R B A N ENGINEERING SCALE: 1'=04' SOB N0.: 20404.06.03 DRAW2 or 2 7wanN ero� 0007050 . 50020,..,.' Jrosur eeo2016 by Urban Engineering 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 reouieren servicios especiales, se les suDlica que den aviso 48 horas antes de la junta Ilamando al deoartamento 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 dingirTe ala commission durante la junta v su ingles es limitedo favor de Ilamar al departamento de serviciosde'desarrollo al niimero (361) 826-3240 al menus 48 horas antes de la junta .para solicitar un intrprete ser presente duralnl is iunta. 1 CITY PLANNING COMMISSION 0- +PUBLIC HEARING NOTICE SES:t11G�S OE�EL00`A SER\JO- Rezoning Case No. 0716-02 gPE� Sha s. a opment Joint Venture has petitioned the City of Corpus Christi to consider a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. As a continuation of the Northwest Crossing Subdivision, the applicant proposes to develop 69 single-family lots with average lot sizes of approximately 5,500 square feet and average lot widths of approximately 50 feet. The property to be rezoned is described as: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Road and McNorton Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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: ho N! ay'; 7'A /lac.6n` 'L City/State: ��//j ZK Address: /97s 6/7icgr/l #7"116 2eQN FAVOR ( ) IN OPPOSITION Phone:16/ d' `vVd REASON: SEE MAP ON REVERSE SIDE Property Owner ID- 50 HTE# 16-10000022 Case No. 0716-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a este junta y clue reauieren servicios esoeciales, se les suplica clue den aviso 48 hares antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea_dirigirse a la commission durante la iunta y su incles es limited° favor de !lamer al d- •, amento de serviciosd-`.esarralla al numero 361 826-3240 al menos 48 horas antes de la 'unta •ara solicitor y> rprete ser presente ()whose la junta. .AUL '- + 2°16 sERVICDeo P OC At- SERVICES ES s CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-02 Shaws Development Joint Venture has petitioned the City of Corpus Christi to consider a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. As a continuation of the Northwest Crossing Subdivision, the applicant proposes to develop 69 single-family lots with average lot sizes of approximately 5,500 square feet and average lot widths of approximately 50 feet. The property to be rezoned is described as: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Road and McNorton Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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: —1-2:"-;1— Address: 1-2:;1— Address: 11 1-5 C,3 r civ e "Trl IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID 30 HTE# 16-10000022 City/State: c, C • 15/ - Phone: 341-54/ 7( ` 6'796 Signature Case No. 0716-02 Proj • Manager. Bob Payne 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 intencian de asistir a esta junta v que requieren servicios especiales. se les suolica aue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigit::e a la commission durante la iunta y su innlec es limitado_ favor de Hamar al departam llto de servicies de of a al numero (361) 826-3240 al mems 48 horas antes de la junta para solicitor ser presents 'uhta. ' r ��$ — CITY PLANNING COMMISSION jUL ocMf_�� sERvr3E PUBLIC HEARING NOTICE oEv ctiA� S ES Rezoning Case No. 0716-02 sF Shaws Development Joint Venture has petitioned the City of Corpus Christi to consider a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. As a continuation of the Northwest Crossing Subdivision, the applicant proposes to develop 69 single-family lots with average lot sizes of approximately 5,500 square feet and average lot widths of approximately 50 feet. The property to be rezoned is described as: Being an 11.84 -acre tract of land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, located on the west side of Rand Morgan Road between Goodnight Loving Road and McNorton Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 13, 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 713469- 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: FP--e-411("071.!'l f2tth'S' Address:( 7(( titn.wu. TY 1 City/State: ! ( ) 1N FAVOR REASON: ft?) IN OPPOSITION Phone: }1-7?( au- Do('.. * +- C - � �c ;A4,0 [�'e -((err, cu�-c l4-tn,- K `�- 4 C� SEE MAP ON REVERSE SIDE Property Owner ID. 27 HTE# 16-10000022 Si Case No. 0716-02 Project Manager: Bob Payne AGENDA MEMORANDUM Future item for the City Council Meeting of July 26,2016 Action Item for the City Council Meeting of August 9, 2016 DATE: July 15, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate CAPTION: Motion setting September 13, 2016 as the date of the adoption of the ad valorem tax rate of $0.606264 per $100 valuation. PURPOSE: The fiscal year 2016-2017 proposed operating budget utilizes a tax rate of $0.606264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2016- 2017. This is the same property tax rate as was used in fiscal year 2015-2016. Final assessed values should be received from the Nueces County Appraisal District by July 25th at which time the effective tax rate and rollback rate will be computed. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2016-2017 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2016-2017 tax rate of $0.606264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 23, 2016, and the second public hearing on August 30, 2016. Then the vote for the final adoption of the tax rate is scheduled to be held on September 13, 2016. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on August 14, 2016. The last step in the "truth -in -taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget $108,400,000 $108,400,000 Encumbered / Expended Amount This item $108,400,000 $108,400,000 BALANCE Fund(s): General Fund $67,400,000; Debt Service Fund $41,000,000 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting of August 9, 2016 DATE: July 15, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Action to Schedule Two Public Hearings Related To Fiscal Year 2016-2017 Property Tax CAPTION: Motion setting a public hearing on the ad valorem tax rate for August 23, 2016 and a second public hearing for August 30, 2016 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2016-2017 proposed operating budget utilizes a tax rate of $0.606264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2016- 2017. This is the same property tax rate as was used in fiscal year 2015-2016. Final assessed values should be received from the Nueces County Appraisal District by July 25th at which time the effective tax rate and rollback rate will be computed. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2016-2017 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2016-2017 tax rate of $0.606264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 23, 2016, and the second public hearing on August 30, 2016. Then the vote for the final adoption of the tax rate is scheduled to be held on September 13, 2016. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on August 14, 2016. The last step in the "truth -in -taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget $108,400,000 $108,400,000 Encumbered / Expended Amount This item $108,400,000 $108,400,000 BALANCE Fund(s): General Fund $67,400,000; Debt Service Fund $41,000,000 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 9, 2016 Second Reading Ordinance for the City Council Meeting of August 16, 2016 DATE: July 15, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of 2016 Emergency Management Performance Grant for $70,159.20 CAPTION: Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG); and appropriating $70,159.20 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi PURPOSE: The purpose of the grant is to support local comprehensive Emergency Management Programs to encourage improvements of mitigation, preparedness, response, and recovery capabilities of all hazards. The funds will be used to distribute public information materials to the citizens of Corpus Christi regarding hurricane preparedness; develop and update emergency management plans; conduct full-scale exercises; staff training; and support of the dialogic system. BACKGROUND AND FINDINGS: None ALTERNATIVES: Not accepting the grant will hinder planning and preparedness for responding to potential threats of man-made or natural disasters. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval to ratify acceptance of grant. 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 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $70,159.20 $70,159.20 BALANCE $70,159.20 $70,159.20 Fund(s): Comments: None RECOMMENDATION: Staff recommends approving the ordinance to ratify acceptance and appropriating a grant in the amount of $70,159.20 from the Emergency Management Performance Grant Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Notice Award Terms and Conditions Contract Ordinance Ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG); and appropriating $70,159.20 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $70,159.20 for the Emergency Management Performance Grant (EMPG) on September 4, 2013 is ratified. SECTION 2. That $70,159.20 is appropriated from the Texas Department of Public Safety's, Governor's Division of Emergency Management, Emergency Management Performance Grant Program in the No. 1063 Emergency Management Grants Fund for improving mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. 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 TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF SUBRECIPZENT GRANT AWARD Program Title: FY 2016 Emergency Management Performance Grant DHS Instrument Number: 2016 -EP -00011 TDEM Grant Number: 16TX-EMPG-0581 Administered By: Texas Department of Public Safety Texas Division of Emergency Management P.O. Box 4087 Austin, Texas 78773-0220 SubRecipient: City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401-9277 Amount of Grant: $70,159.20 Period of Grant: October 1, 2015 to March 31, 2017 The period of grant reflects a six (6) month PROGRAMMATIC EXTENSION ONLY to complete and close out your FY 16 EMPG grant year. Signing Acceptance of this document means that you accept and will comply with all requirements listed in the attached FY 2016 Terms and Conditions. AGENCY APPROVAL GRANT ACCEPTANCE Authorized Signature Required W. Nim Kidd, CEM Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management Printed Name/Title: Date: 06/29/2016 Date: Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter, Grant Technician P.O. Box 4087 Finance and Grant Management MSC 0229 Austin, TX 78773-0220 2016 Emergency Management Performance Grant (EMPG) Terms and Conditions 1. Purpose: The FY 2016 priority for this program is to advance "Whole Community" security and emergency management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code. The federal grant terms and conditions are located at: http://www.fema.gov/media-library/assets/documents/92248 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 2016 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period. The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning NRF into the local or inter - jurisdictional emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Subrecipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by jurisdictions maintaining their own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Subrecipient's plan, Subrecipients will correct deficiencies within sixty (60) days of receiving notice of such deficiencies from TDEM. E. Subrecipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards — III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C -Post -Award Requirements, Reports, 1 Records, Retention, and Enforcement, Equipment and the Department of Homeland Security (DHS), Office of Grant Operations Financial Management Guide. F. The Subrecipient agrees that any equipment purchased with funds through this grant program shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: Lists the amount of funding for this award. The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, TDEM may be able to allocate additional funding to EMPG program participants. 6. Financial and Administrative Requirements: In Accordance with 44 Code of Federal Regulations (CFR) Part 13, Subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at http://www.oip.usdoi.gov/financialguide/. A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with Office of Management and Budget (OMB) Circular A-87, Cost Principles or State, Local, and Indian Tribal Governments. A copy of that document is available at: http://www.whitehouse.gov/omb/circulars. B. Subrecipient will comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non -Profit Organizations. http://www.whitehouse.gov/omb/circulars default C. When implementing Federal Emergency Management Agency (FEMA) National Preparedness Directorate funded activities; the Subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The Subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated in this award document or after the end of the period of performance. 2 F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM's liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $750,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. 8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the 2016 Local Emergency Management Performance Grant (EMPG) Guide. Subrecipients may be required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the 2016 Local Emergency Management Performance Grant (EMPG) Guide can be found on the TDEM website at: http://www.txdps.state.tx.us/dem/CouncilsCommittees/EM PG/em pgCurrentGuide.pdf. Subrecipient must prepare and submit Semi -Annual Progress Reports to TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 (progress report due April 15) and the second reporting period is April 1 to September 30 (progress report due October 15). Subrecipient may also be required to submit additional information and data as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work of the Subrecipient with respect to approved program tasks and expenditures for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These reviews may include, without limitation: comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. EMPG grant funds cannot be matched with any other federal funds. 10. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 3 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The Subrecipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 11. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (Federal Certification). B. The Subrecipient certifies that it and its principals and vendors: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Subrecipients can access debarment information by going to www.epls.qov. 2) Have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4) Have not, within a three-year period preceding this application, had one or more public transactions (Federal, State, or local) terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 12. Monitoring: A. Subrecipient will provide TDEM, State Auditor, DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to financial assistance. 4 B. Subrecipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. C. TDEM may perform periodic reviews of Subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of an on-site audit and compliance monitoring, including inspection of all grant -related records and items, comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. D. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. E. The Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 13. Reimbursement for Expenses: Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2016 will not be disbursed until TDEM receives the first and second semi-annual EMPG Progress Reports, which are due on April 15, and October 15, respectively. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and/or goods and/or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 16. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 17. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, §_14. 5 18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80th Legislature, Article IX, Part 17. 19. TDEM may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on Subrecipient's use of grant funds until problems identified during grant monitoring visits conducted by TDEM audit and compliance personnel are resolved. 6 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 20, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Closing a utility easement located north of Williams Drive and west of Airline Road CAPTION: Ordinance abandoning and vacating a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road; and requiring the owner, Williams Airline Partners, Ltd. to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for Williams Airline Partners, Ltd. to create two smaller lots. BACKGROUND AND FINDINGS: Williams Airline Partners, Ltd. (Owner) is requesting the abandonment and vacation of a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the re -plat of Wilkey Addition Unit 2, Lots H5A & H5B. Staff recommends the Owner pay no fair market value fee in accordance with City Code of Ordinance Section 49-13 because the Owner will be dedicating a utility easement to replace the existing one. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified condition of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Maps Ordinance abandoning and vacating a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams Drive and west of Airline Road; and requiring the owner, Williams Airline Partners, Ltd. to comply with the specified conditions. WHEREAS, Williams Airline Partners, Ltd. (Owner) is requesting the abandonment and vacation of a 0.060 acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.060 acre portion of an existing utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Williams Airline Partners, Ltd. ("Owner"), a 0.060 - acre portion of an existing 15 -foot wide utility easement out of a part of Lot H5, Wilkey Addition Unit 2 Corpus Christi Subdivision, located north of Williams drive and west of Airline Road, as recorded in document number 2009041115 Deed Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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 Exhibit A 0.060 Acres Easement Closure STATE OF TEXAS COUNTY OF NUECES Job No. 41852.B6.00 February 29, 2016 Fieldnotes, for a 0.060 Acre, 15.00 Foot Wide Utility Easement Closure, over and across, Lot H5, Wilkey Addition Unit 2, a map of which is recorded in Volume 68, Pages 376-377, Map Records ofNueces County, Texas; said 0.060 Acre Tract being more fully described by metes and bounds as follows: Commencing, at a 5.18 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR C.C. TX" Found, on the Northeast Right -of -Way of Williams Drive, a public roadway, for the South corner of the said Lot H5; Thence, North 61°01'00" West, with the said Northeast Right -of -Way, the Southwest line of the said Lot H5, 345.20 Feet, North 29°00'00" East, 10.00 Feet, to the Northeast line of a 10.00 Foot Wide Utility Easement of the said Lot H5, for the Point of Beginning and West corner of this Tract; Thence, North 29°00'00" East, with the Northwest line of a 15.00 Foot Wide Utility Easement of the said Lot H5, 173.60 Feet, to the South line of a 15.00 Foot Wide Utility Easement of the said Lot H5, running in a Northwest to Southeast direction, for the North comer of this Tract; Thence, South 61°00'00" East, with the said 15.00 Foot Wide Utility Easement, 15.00 Feet, to the East corner of this Tract; Thence, South 29°00'00" West, with the Southeast line of the said 15.00 Foot Wide Utility Easement, 173.60 Feet, to the Northeast line of the said 10.00 Foot Wide Utility Easement, for the South comer of this Tract; Thence, North 6I°01'00" West, with the said 10.00 Foot Wide Utility Easement, 15.00 Feet, to the Point of Beginning, containing 0.060 Acres (2,604 Square Feet) of Land, more or Tess. Bearings are based on the recorded plat of Wilkey Addition Unit 2, a map of which is recorded in Volume 68, Pages 376-377, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seas and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of AN ENG EE NG James D. Carr, R.P.L.S. License No. 6458 S ISurveying\41852186001OFFICEIMETES AND BOUNDSIFN_15UEClosure.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Lot H3 Wilkey Addition Unit 2 Vol. 68, Pgs. 376-377, Map Records of Nueces County, Texas Went • Fd. 5/8" IR. with red plastic cap stamped 'URBAN ENGR C.C. Tx' Point of Beginning r N29'00'00'E 10.00' L1 co l4 Z co N LINE BEARING DISTANCE L1 S61'00'00"E 15.00' L2 N61'01'00"W 15.00' 75 50 Sketch to Accompany FIELDNOTES for 0.060 Acre, 15.00 Foot Wide Utility Easement Closure, over and across, Lot H5, Wilkey Addition Unit 2, a mop of which is recorded in Volume 68, Pages 376-377, Map Records of Nueces County, Texas. Lot H4 Wilkey Addition Unit 2 Vol. 68, Pgs. 376-377, Map Records of Nueces County, Texas 15'U,E. 15' Wide Utility Lot H5 Easement Closure Wilkey Addition Unit 2 0.060 Acres (2,604 Sq. Ft.) Vol. 68, Pgs. 376-377, Map Records of Nueces County, Texas 25 1V'U.E. N61'01.00"W 20'0.L. 345.20' Williams Drive (90' R.O.w.) 0 raphic Scale 1"=50' 50 7 O 0 VI a1 U O ao rn CV N a1 3 0 tn Vi J a 4• 1 of �, F c N 0. a1 o . E •c 2 c a r`1 c ' r - < 1 o J Q 25'B.L. J Point of Commencement t' URBAN ENGINEERING 10"[ MI Me 145. ISMS MI w 1000400 3735 SU1M1147f OR 001M J5 Collee TN MOP PHOC 311&3101 SW.1rM(MamM 100 L____ Exhibit B DATE: Feb. 29, 2016 SCALE 1'-50' JOB NO.: 41852.86.00 SHEET: 1 of 2 DRAWN BY: XG urbansurveylourbaneng.com 02016 by Urban Engineering -0L ❑ Q7 3 " o a McArdle Road c on cu qe 0 Winston ��P otNL co f 1 i o n v State Highway 358 L L 'fl w Williams Drive c ❑ 3 c 0 w , 0 . o % w Go •— • o c 1 rucewo, Curtis Clark In V'f U .,.d a1 Site 15 4'J.liei Aspenw :eechwoo4 u c 0 m al , ene y Vincent � G�e� Bonner �ba 0' �, ' Erskine 7� m .c Tanglewood I (O. 3 -P 31 0 Cain — o >. o 4^ �' f Gien 4rbor -o c rn - N 3 o Woodhaven 2 11 Lucinda Holly Road r 1 a r1 Bromley 1 entworth o, m v c fl ,. -oc a County u°oeswirka City of Corpus'ivhrie Burnham w °-, .x 3 r---"'1 a Capin Site Map 75 50 25 0 50 100 Sketch to Accompany FIELDNOTES far 0.060 Acre, 15.00 Foot Wide Utility Easement Closure, over and across, Lot 115. Wilkey Addition Unit 2, a map of which is recorded in Volume 68, Pages 376-377, Map Records of Nueces County, Texas. Graphic Scale 11 7Si fat P. 14& 111PI.3 7wu +d Ion IVO 2773 summit oe Cere s MEM 7= 11104 Alar, .X1=644101 1110111111110 13141:121 URBAN ENGINEERING Exhibit C DATE Feb. 29. 2016 SCALE 1.3•150' JOB NO.: 41852.86.00 SHEET: 2 of 2 asurveBy1Ourrb G urboneng.com 02016 by Urban Engineering AERIAL OVERVIEW WILKEY ADDITION UNIT 2 AERIAL MAP EASEMENT CLOSURE 1 N AGENDA MEMORANDUM First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 THRU: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement Contract for Professional Services Padre Island Mobility and Access Management Study CAPTION: Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2). The City's total share of this project is $61,000. PURPOSE: The purpose of this Agenda Item is to execute an advance funding agreement with the Texas Department of Transportation (TXDOT); and approve a Contract for Professional Services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MIBTS) for Padre Island Mobility and Access Management Study. BACKGROUND AND FINDINGS: This is a joint City/TxDOT/MPO project with a cost share of 20/80 City/Federal respectively to complete an Access Management Study. The study evaluates existing access, mobility and other conditions on the designated corridors with recommendations for short-range and long-range improvement strategies. The designated corridors are Park Road 22 from Aquarius Street to Sea Pines Drive and State Highway 361 from Park Road 22 to Zahn Road. The intersections within the limits on Park Road 22 include: • Aquarius/Packery Point • Jackfish and Verdemar • Commodores/State Highway 361 • Whitecap Boulevard • Encantada and Sea Pines The overall objective of this project is to identify potential solutions to improve mobility and safety with future economic growth while reducing conflict points, congestion, accident rates and air pollution. The study includes field research, policy reviews and modeling/simulations to review existing conditions and alternatives. This project is part of the Corpus Christi Metropolitan Planning Organization's FY 2016 Transportation Improvement Program (TIP) and City's Bond 2014 Proposition 2 - TxDOT Participation Project. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT and Contract for Professional Services with MBITS. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT and Contract for Professional Services with MBITS. (Not recommended) CONFORMITY TO CITY POLICY: Ordinance complies with City Charter's requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget $253,000 $253,000 Encumbered / Expended Amount This item (TxDOT) 9,600 9,600 This item (M BITS) 239,643 239,643 Future Anticipated Expenditures This Project 3,735 3,735 BALANCE $22 $22 Fund(s): Street Bond 2014 RECOMMENDATION: City staff recommends approval of the Ordinance to enter into the Advance Funding Agreement and Contract for Professional Services. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Advance Funding Agreement Contract for Professional Services Presentation FY 2015-2018 Transportation Improvement Program (TIP) Form 1295 Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (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 $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT) to Project #T16260 for the Padre Island Mobility and Access Management Study (Bond 2014 Proposition 2) SECTION 2. Revenues and expenditures in the amount of $192,000 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 Advanced Funding Agreement with TxDOT that provides for a 20/80 City/Federal cost share with the estimated local participation cost of $9,600. SECTION 4. The City Manager or designee is authorized to execute a contract for professional services for the Padre Island Mobility and Access Management Study (Bond 2014) in the amount of $239,643 with Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas. 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: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Padre Island Mobility and Access Management Study PROJECT FUNDS AVAILABLE: Texas Department of Transporatation $ 192,000 Street Bond 2014 Proposition 2 61,000 TOTAL FUNDS AVAILABLE 253,000 FUNDS REQUIRED: Study: Engineer (MBITS) 239,643 TxDOT Advance Funding Agreement 9,600 Reimbursements: Total Reimbursements 3,735 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 1,245 Engineering Services (Project Mgt/Constr Mgt) 2,490 TOTAL $ 252,978 ESTIMATED PROJECT BUDGET BALANCE $ 22 StalE r- f 4946. rL OUR rLLlrr' PROJECT LOCATION VICINITY MAP NOT TO SCALE Project Number: T16260 Padre Island Mobility and Access Management Study CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT NON -CONSTRUCTION ADVANCE FUNDING AGREEMENT for a Padre Island Mobility and Access Management Study STP -MM On System Project THIS Local Project Advance Funding Agreement for Non -Construction (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (State), and the City of Corpus Christi (Local Government). BACKGROUND A Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA. Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the Padre Island Mobility and Access Management Study program. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of federal and state funds. The Texas Transportation Commission passed Minute Order Number 114585, which provides for development of and funding for the Project identified in this LPAFA. The Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated 05/25/2015, which is attached to and made part of this LPAFA as Attachment A. NOW THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the close of ordinary business on December 31, 2018. 2. Scope of Work The scope of work is the Project as detailed in Attachment B, which is attached to and made part of this LPAFA. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, which is attached and made part of this LPAFA. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. The State and the Federal AFA-LPAFA_NonConstruction Page 1 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. The State will be responsible for securing the Federal and State share of the funding required for the Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. D. The Local Government will be responsible for all non-federal and non -state participation costs associated with the Project. E. The State will not pay interest on any funds provided by the Local Government. F. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. G. Whenever funds are paid by the Local Government to the State under this LPAFA, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. These funds may only be applied to the Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. After final Project accounting if excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. H. Attachment C will clearly state the approval funding structure under 43 TAC §15.52. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, Attachment C will reflect those adjustments. AFA-LPAFA_NonConstruction Page 2 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 4. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Corpus Christi Director of Engineering Jeffrey Edmonds P.E. 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 5. Termination Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 6. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 7. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed project time AFA-LPAFA_NonConstruction Page 3 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development estimate including types of activities and month in which the activity will be completed in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 8. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 9. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 10. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 11. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of AFA-LPAFA_NonConstruction Page 4 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development equipment, each potential subcontractor or supplier shall be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (E) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Local Government may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 12. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business AFA-LPAFA_NonConstruction Page 5 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments. pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 13. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.cipo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA-LPAFA_NonConstruction Page 6 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development 14. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 15. Non -Discrimination Provisions A. Relocation Assistance: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects. B. Disability: a. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. Seq.), as amended, prohibits discrimination on the basis of disability; and 49 CFR Part 27. b. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by the Department of Transportation regulations at 49 C.F.R. parts 37 and 38. C. Age: The Age Discrimination Act of 1974, as amended, (42 U.S.C. § 6101 et. Seq.), prohibits discrimination on the basis of age. D. Race, Creed, Color, National Origin, or Sex: a. The Airport and Airway Improvement Act of 1982 (49 U.S.C. § 4.71, Section 4.7123), as amended, prohibits discrimination based on race, creed, color, national origin, or sex. b. The Federal Aviation Administration's Nondiscrimination state (4 U.S.C. § 47123) prohibits discrimination on the basis of race, color, national origin, and sex. c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), prohibits discrimination on the basis of sex. d. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination because of sex in education program or activities (20 U.S.C. 1681 et. seq.). AFA-LPAFA_NonConstruction Page 7 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development E. Civil Rights Restoration Act: The Civil Rights Restoration Act of 1987 (PL 100-209), Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs and activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not. F. Minority Populations: Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority and low-income populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. G. Limited English Proficiency: Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the Engineer must take reasonable steps to ensure that LEP persons have meaningful access to its programs (70 Fed. Reg. at 74087 to 74100). 16. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA_NonConstruction Page 8 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Margie C. Rose Typed or Printed Name City Manager Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA_NonConstruction Page 9 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-LPAFA_NonConstruction Page 1 of 1 Attachment A CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development ATTACHMENT B SCOPE OF WORK Project Background: The Local Government will develop and provide a Padre Island Mobility and Access Management Study. The study corridors include State Highway 361, Park Road 22 and adjacent arterial, and the future Regional Parkway. The study is to identify mobility and access management of the Padre Island Mobility. The practices to be used during the study will include, the review of traffic count data, providing observations at a minimum of two weekdays, one weekend, and one peak traffic holiday and interacting with stakeholders within the corridors. The Local Government will propose applicable transportation management strategies to include modification of roadway configuration, operational and maintenance adjustments, and access management improvements that would mitigate the congestion and mobility on Padre Island in Corpus Christi. Task 1: Project Management & Administration The Local Government will provide project management and administrative duties for the study. These duties will include providing and maintaining a project schedule, preparing and mailing correspondence, conducting and coordinating project meetings, maintaining records, and preparing invoices at the end of the month. Task 2: Short Range Recommendations The Local Government will meet with the City Traffic Engineering staff, staff of the Metropolitan Planning Organization and Nueces County Parks to help define short range (1-5 years) improvements at the beginning and ending phases of the study. Additionally, the Local Government will meet, by way of 3 meetings and correspondence with the Island Strategic Action Committee, to define short range(1-5 years) improvements. The Local Government will make recommendations for capital improvements, roadway configuration changes, improving access management and traffic control in the subject area and any changes to maintenance requirements. Recommendations will take into consideration planned local and regional transportation improvements, project population changes, future land uses and changes in travel demand and environmental considerations. The Local Government will provide preliminary costs and cost effectiveness estimates for each short range improvement recommended. Task 3: Long Range Recommendations The Local Government will provide a long range (5+years) access management strategy in the study area that will delineate any recommended capital investments in roadway infrastructure, operational and maintenance adjustments and access management improvements. Recommendations will take into consideration planned local and regional transportation improvements, project population changes, future land uses and changes in travel demand and environmental considerations. Local Government will provide preliminary costs and cost effectiveness estimates for each long range improvement recommended. AFA-LPAFA_NonConstruction Page 1 of 2 Attachment B CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development Task 4: Final Reporting The Local Government will prepare a final report on the short range and long range recommendations for improving mobility and access management for the Padre Island study area, as identified from Task 2 and Task 3. Local Government will provide preliminary costs and cost- and effective estimates for each improvement recommended. The Local Government will provide an overview of comments received during the three public meetings. Deliverables to be provided to the State: • a project schedule of projected meeting dates and project milestones, no more than 2 months after contract execution • monthly invoices, purchase order number, date of service and description of deliverables • Interim reports and schematics that delineate alternative, options and recommendations in a report from that includes conceptual drawings in both a printed and electronic form including PDF files and GIS layers, no more than eight months after contract execution. • final short range and long range reports, base -maps, schematics as appropriate on recommendations no more than 12 months after contract execution. • The final short range and long range reports, base maps and schematics as appropriate on all recommendations in both printed and electronic form as PDF files and GIS layers no more than twelve months after contract execution AFA-LPAFA_NonConstruction Page 2 of 2 Attachment B CSJ # 0916-35-197 District 16 Code Chart 64 # Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning & Construction CFDA No.:20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding until Local Government funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Padre Island Mobility and Access Management -STP- MM Total Estimate d Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Task 1 Project Management & Administration (By LG) $48,000 80% $ 38,400 0% $0 20% $ 9,600 Task 2 Short Range Recommendations (By LG) $72,000 80% $ 57,600 0% $0 20% $ 14,400 Task 3 Long Range (By LG) $72,000 80% $ 57,600 0% $0 20% $ 14,400 Task 4 Final Reporting (By LG) $48,000 $ 38,400 0% $0 20% $ 9,600 80% Direct State Costs (4%) $ 9,600 0% $0 0% $0 100% $ 9,600 Indirect State Costs (5.74%) $13,776 0% $0 100% $13,776 0% $ 0 TOTAL $263,376 $192,000 $13,776 $ 57,600 Initial payment by the Local Government to the State: $9,600 Estimated total payment by the Local Government to the State: $9,600 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_NonConstruction Page 1 of 1 Attachment C CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES MOBILITY AND ACCESS MANAGEMENT STUDY 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 Maldonado -Burkett Intelligent Transportation Systems, LLC, a Texas limited liability company, 3833 South Staples Street, Suite N214, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Padre Island Mobility and Access Management Study (Project No. T16260) - This project will provide a Mobility and Access Management Study along Park Road 22 and State Highway 361 within the Padre Island Area. This is to develop transportation mitigation strategies, such as roadway configuration, operation and maintenance practices, and access management. 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", 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. Contract for Professional Services Page 1 of 6 K %ENGINEERING DATAEXCHANGEIVELMAP\STREET1T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDY CONTRACT MBITS116.0311 AE AGREEMENT - PRELIM AND DESIGN DOC 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 $239,643.00. Monthly invoices will be submitted in accordance with Exhibit "B". 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. Contract for Professional Services Page 2 of 6 K:IENGINEERING DATAEXCHANGEWELMAPISTREETVr162S0 PADRE ISLAND MOBILITY AND ACCESS MGT STUDYICONTRACT MBITS116-0311 AE AGREEMENT PRELIM AND DESIGN.DOC 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. 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. Contract for Professional Services Page 3 of 6 UENGINEERING DATAEXCHANGESVELMAPISTREETIT16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDYCONTRACT MBITS116-0311 AE AGREEMENT PRELIM AND DESIGN DOC 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: (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 httgs:/lwww.ethics.state.tx.uslwhatsnew/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 httgs://www.ethics.state.tx.usllegal/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 htto://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 6 K.%ENGINEERING DATAEXCHANGE4VELMAP1STREET1T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDYICONTRACT MBIT5%16-0311 AE AGREEMENT - PRELIM AND DESIGN DOC 17. NON-DISCRIMINATION ASSURANCE The Consultant, sub -recipient or sub -consultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLC 07/25/2016 J. H. Edmonds, P. E., Date Ramon H. Maldonado, Jr., P.E. Date Director of Engineering Services President 3833 South Staples Street, Suite N214 Corpus Christi, TX 78411 RECOMMENDED (361) 236-4611 Office ramon@mbitsgroup.com Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Contract for Professional Services Page 5 of 6 KLENGINEERING DATAEXCHANGEIVELMAPISTREET1T1626o PADRE ISLAND MOBILITY AND ACCESS MGT STUDY CONTRACT MBITSLI6-0311 AE AGREEMENT PRELIM AND DESIGN DOC Padre Island Mobility and Access Management Study Project No. T16260 Total Contract Amount: $239,643.00 Fund Name Accounting Unit Account Activity No. Amount Street 2015 GO BD 14 3551-051 550950 T16260 -01 -3551 -EXP $47,643 Street CIP Fund 3530-051 550950 T16260 -01 -3530 -EXP $192,000 Total $239,643 Contract for Professional Services Page 6 of 6 K ENGINEERING DATAEXCHANGE4VELMAP4STREET4Ti626O PADRE ISLAND MOBILITY AND ACCESS MGT STUDYCCONTRACT MBITS\16-0311 AE AGREEMENT - PRELIM AND DESIGN.DOC ob, MALOOMA08.1WIRttt IMnLI laIhT ORTATIOM M5.IIF July 1 I, 2016 Mr. Jeff Edmonds, P.E. Director Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Re: Padre Island Mobility and Access Management Study Dear Mr. Edmonds: As requested, this is a fee proposal for the Padre Island Mobility and Access Management Study. MBITS is proposing to do a Mobility and Access Management Study along PR 22 and SH 361 within the Padre Island Area. Below is a summary along with fees associated with this project. Access Management Study Amount: $45,156.34 Short Range Strategies Plan Amount: $83,995.44 Long Range Strategies Plan Amount: $110,491.22 Total Contract Amount: $239,643.00 If you have any additional questions please let us know. Best Regards, Ramon H. Maldonado Jr., P.E. Managing Partner CC: Jerry Shoemaker, P.E. Chris Hale, P.E. Sarah Munoz, E.1.T. 3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRISTI. TX 78411 • Office' 361.236.4611 • www.mbitsgraup.com EXHIBIT "A" Page 1 of 5 Page PR 22 from Aquarius St to Sea Padre Island Mobility Company Pines Dr & on SH and Access Disapine 361 from Park Management Study WBS Range Rd 22 to Zahn Rd Fee Estimated by Rev 1 Date Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 Task Task Description Design Fee 1 Access Management Study Park Rd 22 and SH 361 Access Management Study ------- $45,156.34 Total 545,156.34 2 Short -Range Strategies Plan Crash Analysts, Intersectiontion Safetyand Operational __Improvement Plan, Right ht of WayEvaluation _ 583,995.44 Total 563.995 44 3 Long -Range Strategies Plan Ultimate Cooridor interchange naylsis Concepts, PR 22/ SH 361 Intersection/------- 5110 491 22 TOTAL LUMP SUM DESIGN ASSUMPTIONS Total 5110:491.22 $239,643.00 FEE SUMMARY = 1 1 EXCLUSIONS to be Provided by Client Traffic Con, , • tion Mana . ement - Alternate Access Corridors 2 Right of Way Maps from TxDJOT Page Page 2 PR 22 from Aquarius St to Padre Island Car ?any Sea Pines Dr & on Mobility and Access ne SH 361 from Park Management Study WBS news Rd 22 to Fee Zahn Rd Esernated by Rev Date ■ Maldonado-Burkett7raftic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 'NHS Task Description Drav+ing Sheets senior Project Llanager Senior Engineer 96.00 RPLS 32.00 Hours by Survey Technic an 32.00 Classification Senior Engineering Tech 58.00 Engineering Tech 32 00 Junior Engineering Tech 16 00 Admin 32 00 Y 28-00 all Park Rd 22 and 5H 361 Access Management Study MI __- NOM IMINIE MEIN IMIIIIIIIIII Previous Access Man: • ement work review ELEI 8.00 -- 4.00 --- - Draft . • for Access, Short end Lo • Ran r e. sir.r.1+ + -- 10.00 -- 24,00 Roadw: Conditions ++ 8.00-- ++ --- - Transit Services 1111.1 8.00 -- 11111=3:0 --- - C • rested Intersections 6.00 8.00 -- :-.1:1--- - Accident Review -- 4,00 -- 4.00 --- - Driveway Access -- :EJ -- 4.00 --- - Drivewa Turning radius -- :EJ --- 1:1111 - Number of Driveways oul la:r.i=lizica - Dnvewa Comer Clearance -- 4.00 --11111=111--- - Raised Median Drivewa , -- 4.00 -- 4.00 4.00 -- - Pedestrian Safely -- 4.00 -- 4.00 --- - Prepare exhibits -- :1,111 -- :/-1:1 16.00 Iliall - Coordination and Meeti r s Fi:LEI0111-- LICEI-- 8.00 COCC, MPO. Island Sirat -lc Actions Committee --------- - Right of Way Evaluation -- 4.00 16.00 16.00 - 4.00 -- - MIR Verification -- 4,00 16.00 16.00 ---- - OAQC 8.00 8.00 ------ - --------- - --------- 28.00 MaIEDIMELEHMEMI 96.00 32.00 32.00 $ 65.00 58.00 EMIMI 32-00 EilinEl 16.00 E=MIGI 32.00 + + 1 V - Subtotal- Direct Labor Rates 2014) i 1 "er ., verage ..r Ca a.•n•lte204 ru20di ! Subtotal Direct Labor Costs ilDillili:111i1:11111111111311 5 6.119 68 S 16 785 60 S 4 000 00 5 2,720 00 _ S 8.938.10 Total Hours 5 3 7723 20 5 t 021.76 5 1 824,00 '' 326 Exclusions City to provide topo/utilitieslroadwayfiles. Total Direct Labor Costs 545.156.34 Page 2 PR 22 from Aquarius St to Padre Island Company Sea Pines Dr & on Mobility and Access Discp ne SH 361 from Park Management Study WOS Range Rd 22 to Fee Zahn Rd Estimated by Rev Date ■ Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 raw■ WBS Task Description Drawing Sheets Senior Project Manager Senior Engineer 120-00 RPLS 40-00 Hours by Survey Technician Classification Senior Engineering Tech 130.00 Engineering Tech 184.00 .esm Junior Engineering Tech 90.00 Admin 20.00 44.00 ShortRange_MIME _______- MIME =ME -�al•:�ilhl [_i71r- -3r. A..- c, S '. . •. L• 'la !1:i 16.00 f[x r.w na-ria- 9I' .e n:i[-i:c..,ra r r [ [ -- 28.00 --- - Inte !ovenmental Coordination Ellil 24.00 1200 - 16.00 --- - Establish Desi. n Standards EIIII =MIMI-- 16.00 --- - Limit Conflict Points Eill =MIMI-- 16.00 --- - Remove Tumi . Vehides from Travel Lanes -- 800 -- 16.00 --- - Encou • e Shared Driveways, Unified Site Plans, Cross Access 200 800 -- 16.00 --- - Easements --- 28.00 40.00 ---- - Identify, Study and Model Traffic Si! nals to Enhance Traffic Movement =EMI-- 18.00 100.00 50.00 =ME P , • =re exhibits. ------ 84.00 40.00 - Coordination end Meati !s 400 4.00 --MEIgra--13E1 QAQC 800 8 00-111.MM--Mini - --------- - --------- -EMMIEMEIMI 44.00 120.00 40.00 r [ 0-00 [ [ 130.00 E=M3EIMIEMZEIEl 184.00 90.00 20.00 [ [ q Subtotal- Direct Labor Rates 2014 - ighted Average Labor Escalation Rata (2014 thru 2016) ilill 5 9 515 04 _ ill11r S 20.982 00 [ 5 =ii 0001x+ 0111 5 - ilill[ 5 20 078 50 Total Hours r 5 21 409 40 [ [ 5 5 TOO 0a0 [ r 5 1, s40 00 ; 628 Subtotal Direct Labor Costs t Exclusions City to provide topolutilitieslroadway files. Total Direct Labor Costs 583 995 44 Page 4 PR 22 from Aquarius St to Padre Island Company Sea Pines Dr & on Mobility and Access Dlscipine SH 361 from Park Management Study WBS Range Rd 22 to Fee Zahn Rd Estimated by Rev Bate ■ Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111116 VMS Task Description ❑racing Sheets Senior Prosect &tanager 42 00 Senior Eng neer 266.00 RPLS 24.00 Hours by Survey Technician Ciassification Senior Engineering Tech 172.00 Engineering Tech 152.00 EEMIENE Junior Engineering Tech 100.00 Admin 20.00 Long Range Finalize Report for Access. Short and Lo a Range. ME= 4 00 16.00 -- 8.00 -- 16.00 Median Closures -- 10.00 -- 6.00 --- Median Channelization -- 10.00 -- 8.00 --- - Left Tum Bay Extensions -- 10.00 -- r r --- - Si !nal System Improvements Fillilx x --FICEI 60.00 - Driveway Consolidations -- 16.00 -- 8.00 --- - Ri . ht Tum Bays -- 12.00 -- 6.00 --- - T -Intersection Treatment -- 16.00 ------ - New Ca. _ .y Construction +' 20.00 iEC3--- - Additional Studies to Evaluate S. • .. c Intervention Alternatives EIZIZI 40.00 -- 40.00 --- - Pre . : re exhibits. ------ r r 50.00 - Ri, ht of Wa Evaluation --- 24.00 ----- - Schematic Concept Desi . n 16.00 80.00 -- 40.00 60.00 50.00 - Coordination and Meet !a 4.00 4.00 -- COD -- 4 00 QAQC IMIII 8.00 8.00 ------ - --------- - MIME - -Filignia 42.00 266.00 EilMalnil 24.00 IrMiEMEI 0.00 S 85.00 172.00 EMEKEIENNIIIIMIESINIZEill --- 152.00 100.00 20.00 EMMEI i I Subtotal Direct Labor Rates 2014 Weighted Average Labor Escalation Rate (•' 14 thru 2016) - 1.00 5 5 175 52 1.00 5 40.5)0 10 1.00 5 3 CO3 00 1.00 5 - 1.00 S 241.5155 40 Total Hours 5 17,066 20 1.00 5 2.5 4 x-, 00 100 5 :,t.:0 00 776 Subtotal Direct Labor Costs 1 Exclusions City to provide lopclutilitieslroadway files. Total Direct Labor Costs 3110 491.22 Page 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 13 m cc A) 0 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Previous Invoiced invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for: Payment Request Revised 07/27/00 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. 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 less 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. Corpus Chr- sti Engineering Padre Island Mobility and Access Management Study Street Bond 2014 Proposition 2 Council Presentation August 9, 2016 Project Location Corpus Chrsti Engineering 2 Project Scope Corpus Chr sti Engineering This is a joint City/ MPO project that provides for an Access Management Study on Park Road 22 from Aquarius Street to Sea Pines Drive and on State Highway 361 from Park Road 22 to Zahn Road as follows: The study evaluates existing conditions and potential development impacting mobility, safety, and economic growth while reducing conflict points, congestion, accident rates, and air pollution. Recommendations for short-term and long-term strategies. Cost Sharing 20/80 with City/State respectively 3 Project Schedule Corpus Chrsti Engineering 2016 2017 1 Nov Access Mgt Study Short -Range (Long -Range Strategies Aug 1 Sep Oct Dec Jan Corpus Chr sti Engineering Questions? FY 2015 - 2018 Transportation Improvement Program MPO ID p S105 -01 -CERT -15 0102-01-106 5210-01-C-15 0916-00-066 0916-00-067 0916-35-901 0916-35-903 S132E0299 51540M0112 F -214-C7-15 F -213-C7-15 Highway Project Summary 2/1/2016 PROJECT NAME Harbor Bridge Project SH 44 Regional Parkway Environmental Study Roadway Operation & Maintenance Strategic Integration (Travel Demand Model Feasibili Padre Island Mobility & Access Management Study W. FROM Beach Avenue end of Clarkwood West of FM 3386 Relief Route TO Morgan Avenue at Crosstown Various Locations Various Locations Various Locations Various Locations CATEGORY CAT 2, 6, 7, 12' CAT 2, 72 CAT 7 CAT 7 CAT 7 CAT 7 ROJECT SPONSO State/TxDOT TxDOT-CCRP TxDOT-CCRP TxDOT-CCRP City of Corpus Christi City of Corpus Christi $900,000 $1,030,000 $460,000 $240,000 IL 0916-28-061 5078 -01 -CE -15 Hike & Bike Trail Sunset Dr. @ Bay View Blvd. Intersection of 1st Ave. & Houston St. CAT 9 - TE City of Portland $180,000 Holly Rd. Landscaping 0916-35-168 5119C0194 Williams Drive On Williams Dr. from Airline Rd. 5. Staples Street CAT 3LC, 7 City of Corpus Christi $9,300,000 M -211-C7-16 B -215-C9-16 0916-35-172 5206-01-C-15 Joe Fulton Corridor Along Joe Fulton Corridor CAT 3TMF/LC Port of Corpus Christi $28,835,868 RTA Trip -end Bike Facility Installation 1 0916-35-175 5207 -00 -CE -15 Schanen Ditch Hike & Bike Trail Along Schanen Ditch from Yorktown Saratoga Blvd. 1 CAT 9 -TE City of Corpus Christi $1,036,698 Killarmet Total: $864,982,566 0617-01-170 0916-00-068 0916-35-170 5087CO294A 5154C0112 5049C0497 SH 358 (SPID)IRaamp Reversal P� Pedestrian & Bike Facilities Holly Rd. Travel Lanes South Staples Street Ayers Street Various Locations Holly Rd. from SH 286 Greenwood Dr. CAT 2 CAT 7 CAT 7/3LC TxDOT-CCRP TxDOT-CCRP City of Corpus Christi $35,000,000 $1,200,000 $6,681,755 0916-35-174 0916-35-195 0 N0916-35-196 0916-28-066 LIN 5049 -01 -CE -15 Holly Rd. Landscaping Holly Rd. from SH 286 Greenwood Dr. Various Locations Various Locations On Akins Dr. from Wildcat Dr. Lang Rd. CAT 9 - TE City of Corpus Christi $186,804 P -212-C7-16 Harbor Bridge Hike & Bike - Connectivity CAT 7 City of Corpus Christi $1,200,000 M -211-C7-16 B -215-C9-16 Harbor Bridge Park Improvements Akins Dr. Pedestrian & Bike Facility CAT 7 CAT 9 -TAP City of Corpus Christi City of Portland $1,300,000 $430,500 0916-35-199 B -217-C9-16 RTA Trip -end Bike Facility Installation 1 Various Locations CAT 9 - TAP CCRTA $235,500 0916-35-200 B -218-C9-16 Schanen Ditch Hike & Bike Trail Along Schanen Ditch Saratoga Blvd. Killarmet CAT 9 - TAP City of Corpus Christi $636,000 0916-35-201 B -219-C9-16 Dr. Hector P. Garcia Park Hike & Bike Trail At Garcia Park on Greenwood Dr. CAT 9 - TAP City of Corpus Christi $330,400 0916-35-202 B -220-C9-16 RTA Trip -end Bike Facility Installation 2 Various Locations CAT 9 - TAP CCRTA $75,000 NOTE: Shaded areas denote GROUP Projects FY 2015-2018 Total: $47,275,959 Total: $912,258,525 MPO Funding includes CAT 2 & 7 for FY 2015/2017/2018/2019; may require FY 2020 2 FY 2015 Proposition 1 funding Funding Category Types: CAT 2: Metro Corridor Projects CAT 6: Structures Replacement and Rehabilitation (Bridges) CAT 7: Metro Mobility & Rehabilitation Projects CAT 9: Transportation Enhancement Program (TE) and Transportation Alternatives Program (TAP) CAT 12: Strategic Priority - TTC selected projects LC: Local Contribution CORPUS CHRISTI MPC M[ 1 KC:=ou 1 AN FLANNJ Nu ORCAN.rA TIP Amendment February 2016 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft 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. Maldonado -Burkett ITS, LLP Austin, TX United States Certificate Number: 2016-84836 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 07/14/2016 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 services, goods, or other property to be provided under the contract. T16260 Traffic Engineering and Signal Design 4 Name of Interested Party City, State, Country (place of business) Nattire of interest (check applicable) Controlling Intermediary Maldonado, Ramon Austin, TX United States X Burkett, Karl Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT l swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. """'"° TONI PERKINS 'f':""4's (47*.f.1 Notary Public. S€ate of Texas .€ My Commission Explies tattl' May 18, 2019 - Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said -Ba in Vnfi k Jo this the `y day of 1[4, , 11/420 to , to certify which, witness my hand and seal of office. f 0 S t Signature of officer administering oath Printed name of officer administering oath Title of o cer administering oath. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 14, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.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 Amending City Code to improve traffic circulation for Fannin Elementary School CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-250 Schedule I — One Way Streets and Alleys by altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation from Devon Drive, from Gollihar Road to Alexander Street; providing for severance; and providing for publication. PURPOSE: An ordinance amendment will improve traffic circulation during school zone hours for Fannin Elementary School. BACKGROUND AND FINDINGS: The City of Corpus Christi received a request from Fannin Elementary School to change the current traffic pattern during school zone hours (7:15 AM — 8:15 AM and 2:45 PM -3:45 PM). This change was requested in order to improve the school's drop-off and pick-up operations. Devon Drive and Alexander Street abut Fannin Elementary and are designated as one-way during school hours per ordinance. Traffic flows one-way in the north direction on Devon Drive, from Gollihar Road to Alexander Street, and one-way in the west direction on Alexander Street, from Devon Drive to Spring Street. Altering the one-way designation of Alexander Street from west to east and removing the one-way designation from Devon Drive is required to accommodate the proposed change in operations. Traffic Engineering coordinated with the Corpus Christi Police Department (CCPD) to ensure the proposed changes would improve the safety of children walking to school, alleviate congestion for parents during drop-off and pickup times and ease traffic circulation around the school. City staff determined the proposed traffic changes will enhance school arrival and dismissal procedures and should not affect parking for residents living adjacent to the school's property. The City's Transportation Advisory Commission reviewed and recommended approval of the proposed ordinance amendments at their June 27, 2016 meeting. ALTERNATIVES: Denial of the proposed ordinance amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The one-way street designations conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations Police Department 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: City 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 altering the direction of one-way traffic on Alexander Street from west to east and removing the one-way designation from Devon Drive, from Gollihar Road to Alexander Street; providing for severance; and providing for publication. 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 (b) is revised regarding the one-way designation for portions of Alexander Street and Devon Drive. "Sec. 53-250. - Schedule I—One-way streets and alleys. (b) School areas. In accordance with section 53-103 and when properly signposted, all traffic shall move only in the direction indicated during the school hours indicated by signs on the following streets or portions of streets: Street or Portion of Street Alexander Street, from Devon Drive to Spring Street Devon Drive, from Gollihar Road to Alexander Street 44 Direction of Traffic West East North 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. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. 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 eceS BaY [IP ftl.Vet :orpus Christi 4. 9tionaI Airport Texas Stale Aqui riurn ..4-6 Project Location 49.4 763 r Corpus Christi iu 0 (13 C9 IP r 4 Alto E LOCATION MAP NOT TO SCALE :444 Jeavirt Removing and Altering School Area One -Way Traffic Flow ( Fannin Elementary Traffic Circulation ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Removing & Altering School Area One -Way Traffic Flow (Fannin Elementary Traffic Circulation) Council Presentation August 9, 2016 Vicinity Map Corpus Chr sti Engineering ... `. S CHRIST BAY PROPOSED TRAFFIC CIRCULATION CHANGE FANNIN ELEMENTARY TTJNS Pau CCRIRIA CHRISTI N SCALE N.T.S. Qiave� ars srwnoR, FLOUR BLUFF 2 Location Map Corpus Chr sti Engineering ° 7 - - 4 - - • - - .• ° P#11P1°' • t SCALE: N.T.S. PROPOSED TRAFFIC CIRCULATION CHANGE FANNIN ELEMENTARY irk AA . LEGEND <1= EXISTING ONE WAY CIRCULATION PROPOSED ONE WAY CIRCULATION CHANGE PROPOSED TWO WAY CIRCULATION CHANGE Scope 10 �hrsti Engineering • Fannin Elementary requested changes to traffic flow • Improves drop-off & pick-up traffic circulation • Improves safety for students & parents • Supported by CCPD & Traffic Engineering • Existing Ordinance (Traffic Flow) • Devon Drive - Northbound from Gollihar Rd to Alexander St • Alexander Street - Westbound from Spring Street to Devon Dr • Proposed Ordinance Amendments • Devon Drive - Remove One -Way Designation • Alexander Street - Alter Traffic flow to Eastbound from Devon Drive to Spring Street • Notification Letters were issued to residents abutting affected streets • TAC recommends approval of ordinance amendments 4 011 Corpus Chr sti Engineering Questions? 5 AGENDA MEMORANDUM First Reading Ordinance for the August 9, 2016 City Council Meeting Second Reading Ordinance for the August 16, 2016 City Council Meeting DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary (361) 826-3105 rebeccah@cctexas.com Ordering a General Election to elect Mayor and Eight Council Members — November 8, 2016 CAPTION: Ordinance ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: This item will allow for a general election to be held on November 8, 2016 to elect mayor and eight council members; and allow the City to enter into a joint election with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the mayor and eight council members shall be held on the November uniform election date of even -numbered years as authorized by State law. As in the past, the City can conduct a joint election with Nueces County if approved by Council. ALTERNATIVES: None. CONFORMITY TO CITY POLICY: This ordinance complies with the requirements of the Texas Government Code, the Texas Election Code, and the City Charter. EMERGENCY / NON -EMERGENCY: Requires two readings. DEPARTMENTAL CLEARANCES: Legal Finance Department Budget Department FINANCIAL IMPACT: RI 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 $350,000 BALANCE Fund(s): General Comments: Based on the most recent final actuals for the 2014 general election and runoff election, staff has budgeted a conservative amount of $150,000 for the general/special election and $200,000 for runoff election, if necessary. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Joint election agreement Ordinance Ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even - numbered years as authorized by State law, the same being November 8, 2016; with a runoff election on December 13, 2016, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; WHEREAS, Nueces County will also be conducting an election on November 8, 2016; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter the "Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 8, 2016. A runoff election shall be held on December 13, 2016, if one is necessary. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a. m. to 7: 00 p.m. on the date of the Election. The City Secretary, or her designee, in coordination with the Nueces County Clerk (the Election Official) or the designee thereof, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks, and all other election officials, together with any necessary changes to election practices and procedures and can correct, modify, or changes the Attachments to this Ordinance based upon the final locations 1 and times agreed upon by the Election Official and the City to the extent permitted by applicable law. SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 6. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached if mobile temporary branch polling places are determined by Nueces County). Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 8. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 2 City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect of 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 Nelda Martinez City Secretary Mayor 3 AGENDA MEMORANDUM First Reading for the August 9, 2016 City Council Meeting Second Reading for the August 16, 2016 City Council Meeting DATE: August 1, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Miles Risley, City Attorney milesr@cctexas.com (361) 826-3360 Ordinance calling for a Special Election — Type B, Crime Control and Prevention District, and Charter Amendments CAPTION: Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: This item will allow the Council to order a Special Election on November 8, 2016 to submit to the voters ballot propositions on the following measures: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. Please see attached ordinance for more details. CONFORMITY TO CITY POLICY: Adheres to City Charter and election law requirements. EMERGENCY / NON -EMERGENCY: Requires two readings. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance — Calling for Special Election: Type B, Crime Control and Prevention District, and Charter Amendments An Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, Texas Election Code § 3.004 provides that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will be conducting an election on November 8, 2016, and the City desires to conduct its election on that date to obtain the efficiencies of a joint election; WHEREAS, on November 7, 2000, the voters of Corpus Christi approved two one-eighth of one percent sales taxes for a corporation authorized pursuant to Section 4A of Article 5190.6 (now considered to be a "Type A corporation governed by Chapter 504 of Texas Local Government Code"), with one tax for seawall improvements and the other tax for a multipurpose arena, each to be imposed for 25 years, with expiration times in 2026; WHEREAS, on November 5, 2002, the voters of Corpus Christi approved a one-eighth of one percent sales tax for the promotion and development of new and expanded business enterprises a minor league baseball stadium, and affordable housing, for a corporation authorized pursuant to Section 4A of Article 5190.6 (now considered to be a "Type A corporation governed by Chapter 504 of Texas Local Government Code"), which will expire in 2018, and which tax is hereinafter referred to as the "the portion of the Type A sales tax that expires in 2018"; WHEREAS, the City Council intends to hold an election on the questions of (1) adopting a one- eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, which will replace the portion of the City's Type A sales tax that expires in 2018, with said Type B tax to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets, (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years, and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas on November 8, 2016, for the purpose of submitting to the voters of the City ballot propositions on the questions of: C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 1 (1) replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for economic development, affordable housing, and streets. (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. SECTION 5. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. Early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County). The City Secretary is authorized in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 2 SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION NO. 1 ADOPT TYPE B SALES TAX TO REPLACE EXPIRING PORTION OF TYPE A SALES TAX FOR AGAINST Replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one- eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for: 1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) Up to $500,000 annually on affordable housing; and (3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. PROPOSITION NO. 2 CONTINUATION OF CRIME CONTROL DISTRICT FOR AGAINST Whether the Corpus Christi Crime Control and Prevention District should be continued for ten years and the crime control and prevention district sales tax should be continued for ten years. PROPOSITION NO. 3 RESIDENTIAL STREET RECONSTRUCTION TAX FOR AGAINST Amending the City Charter to establish a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax not to exceed six cents per one hundred dollars of assessed value for the purpose of residential street reconstruction, to be gradually implemented at a rate of not more than two cents per one hundred dollars of assessed value per year. PROPOSITION NO. 4 DESIGNATION OF MAYOR PRO TEM FOR C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 3 AGAINST Amending the City Charter to provide that in the event of disability of the Mayor for more than 30 days, the Council Member elected at large who received the highest number of votes shall become the Mayor Pro Tem and act as the Mayor during the period of disability. PROPOSITION NO. 5 INCREASE TERM FOR PROCUREMENT OF AUDITOR CONTRACTS FOR AGAINST Amending the City Charter to allow for procurement of contracts for independent auditor with terms up to five years. PROPOSITION NO. 6 ALLOW APPOINTMENT OF ALTERNATE MEMBERS TO CIVIL SERVICE BOARD FOR AGAINST Amending the City Charter to provide for the appointment of two alternate members to the Civil Service Board. PROPOSITION NO. 7 COMPLY WITH STATE LAW TO ALLOW CITY EMPLOYEES TO FILE FOR ELECTION TO MUNICIPAL OFFICE FOR AGAINST Amending the City Charter to eliminate the prohibition on City employees filing for nomination or election to municipal public office to comply with Texas Local Government Code Section 150.041. PROPOSITION NO. 8 ALLOW ISSUANCE OF BONDS IN ACCORDANCE WITH STATE LAW FOR AGAINST Amending the City Charter to provide authority to issue bonds in accordance with the laws of the State of Texas. PROPOSITION NO. 9 AMEND WAITING PERIODS FOR CITY LEASES C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 4 FOR AGAINST Amending the City Charter to clarify the approval process for leases, update the statutory reference, and eliminate the waiting periods for leases and lease amendments which do not exceed 5 years. PROPOSITION NO. 10 UPDATE LEGAL REFERENCES AND CLARIFY GENERAL POWERS FOR AGAINST Amending the City Charter to update legal references in the General Powers section and clarify the General Powers. PROPOSITION NO. 11 CLARIFY PURCHASING PROCEDURES TO COMPLY WITH STATE LAW FOR AGAINST Amending the City Charter to clarify the procedures regarding purchases and contracts in conformity with State law. SECTION 8. Adoption of Proposition No. 3 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 1, as follows: Sec. 1. - Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except as provided in paragraph (b) and paragraph (c) below, the maximum tax rate for all purposes shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The maximum tax rate limitation shall remain in full force and effect until changed by Charter amendment or by ordinance duly adopted after a referendum election at which a majority of the registered voters voting at such election approved adoption of the ordinance. (b) The maximum tax rate the city council may levy in support of debt service for any tax - supported obligations which are authorized by the voters of the city at an election held after April 4, 1993, shall be limited to the tax rate limitation provided in the Texas Constitution. In the event any such voter -approved obligations are refunded by the issue of refunding obligations as authorized under Texas law, the debt service on such refunding obligations shall be subject to the maximum tax rate limitation in paragraph (a) above C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 5 unless: (i) the refunding results in a net present value savings to the city as determined by the Texas Attorney General, or (ii) such refunding obligations are authorized by the voters of the city at an election held for such purpose. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term"reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. (c } Q If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. (e )The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquent. {e) (f0 The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. SECTION 9. Adoption of Proposition No. 4 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 5, as follows: Sec. 5. Disability of Mayor. If for any reason the mayor is absent from the city or unable to perform the duties of his or her office, the mayor pro tem shall act as mayor and during such absence or disability shall perform the duties and have the powers of the mayor; provided that, in the event that any disability of the mayor extends for a period longer than thirty (30) days, the council member elected at large who received the highest number of votes at the most recent City Council election shall become mayor pro tem and shall act as mayor for the remainder of the period of such disability. He or she shall have all of the authority, rights and benefits of the mayor during such period. SECTION 10. Adoption of Proposition No. 5 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 27, as follows: Sec. 27. - Independent audit. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 6 The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without rcquiring compctitivc bids, procure dcsignatc such accountant or firm annually or for a period not exceeding thrcc five years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. SECTION 12. Adoption of Proposition No. 6 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 2, as follows: Sec. 2. Civil Service Board. There shall be a civil service board, which shall consist of three persons, citizens of Corpus Christi. No member of the board shall during his or her tenure be a candidate for or hold any city office or position, and no member of the board shall during his or her tenure hold any other public office, except notary public. The city council shall appoint the members of such board. The city council shall appoint two alternate members to serve for absent board members. The term of office of each member and alternate member of such board shall be for three years, or until a successor is appointed. The civil service board, subject to the approval of the council, shall adopt, amend and enforce a code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. The civil service board established herein shall promulgate rules and regulations that insure fair treatment of employees in hiring, promotions, grievances and disciplinary actions including suspensions, dismissals, or terminations in accordance with the policy stated herein. SECTION 13. Adoption of Proposition No. 7 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 5, as follows: Sec. 5. - Officers and employees, candidacies. (a) A member of the city council may file as a candidate for nomination or election to any public office, including a position under this Charter. Upon the election or appointment to a non -city public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non -city public office. Upon the election or appointment to a non -city public office or upon the filing as a candidate for any position under this Charter, such board, commission or committee member shall forfeit his or her position. (c) A city employee may file as candidates for nomination or election to any non city public office and may serve in such position if elected or appointed, so long as such activities do not interfere with his or her city employment contrary to ordinances and C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 7 administrative regulations. If any city cmploycc shall file as a candidate for nomination or with thc city. SECTION 14. Adoption of Proposition No. 8 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 2, as follows: Sec. 2. Authority to Issue Bonds (a) Thc city council shall havc thc power and authority by resolution duly passcd, to borrow moncy on thc credit of thc city and may issuc bonds of thc city thcrcfor. It shall outstanding bonds of thc city. (b) No bonds shall bc issucd for a tcrm of longer than one y&ar or to rcfund outstanding bonds at thc same or a highcr ratc of intcrcst and for such maturitics that thc aggrcgatc amount to bc paid on rcfunding, principal and intcrcst, will cxcccd thc aggrcgatc amount duc, principal and intcrcst, on thc entire outstanding bonds proposcd to bc refunded, called for such purposc, cxccpt as authorized by statc law. (c) No bonds shall bc issucd drawing marc than thc maximum ratc of intcrcst per ;annum authorized by statc law. (d) Thc Bond and Warrant Law of 1931, as amended, shall govcrn thc contracts of the city and rcvcnuc bonds, certificates of obligation, notcs or warrants issucd by it. The city council shall have the power and authority to issue bonds in accordance with the general and special laws of the State of Texas, in effect from time to time and as applicable to the City. SECTION 15. Adoption of Proposition No. 9 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 3, as follows: Sec. 3. - Ordinance granting franchise or lease of city property with term exceeding 5 years. fa) Every ordinance granting, renewing, extending or amcnding or expanding a franchise or a lease of city property of thc city with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or amending or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 8 following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Section 282.003, Texas Govcrnmcnt Codc, Section 311.073, Texas Transportation Code, as amended now or in the future. (b) Notwithstanding any othcr provision of this Charter, any ordinance granting or authorizing thc execution of a Ieasc having a tcrm of five y&Drs or Icss may bc finally passcd and thc Ieasc authorized without publication of any noticc, and in cases of declaration of cmcrgcncy may bc passcd without ncccssity of two r&Ddings. Section 16. Adoption of Proposition No. 10 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 1, as follows: Sec. 1. - General powers. (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers presently enumerated in Articic 1175, Tcxas Civil Statutes, and formerly enumerated in Articic 1175, which have bccn codified in other provisions of Tcxas statutes and codes, and which may bc added thereto at any timc in thc future, governmental functions contained in Texas Civil Practices & Remedies Code, Section 101.0215(a), as amended, including the power to establish fees for said functions, and the following powers, to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this Charter: (1) To use a corporate seal. (2) To suc and bc sucd To sue in any court. (3) To contract. (4) To define and abate nuisances. (5) To levy and collect taxes and fees. (6) To borrow money by issue or sale of bonds, warrants, notes or other method. (7) To appropriate and expend monies. (8) To acquire and own property or any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or any other means whatsoever. (9) To sell, lease or otherwise convey city property, real or personal. (10) To manage and control all city property. (11) To establish, improve and maintain a comprehensive system of streets and public ways and all appurtenances related thereto, and to control and regulate any use thereof; provided, no street or alley may be opcncd or closed except after notice by one publication in a newspaper of general circulation in the city and by mail to the last known address of all owners within four hundred fifty feet therefrom and hearing by the city council. (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchapter E of Chapter 102, Tcxas Local Government Codc, and Chapters 312 and 313, Tcxas Transportation Codc state law, as thc same may bc amended in thc future, or other Gtatc law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. (13) To levy and collect assessments and fees against property benefitted by improvements, and fix liens thereto, according to procedures established by ordinance or law. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 9 [Remainder of Section 1 left unchanged. J SECTION 17. Adoption of Proposition Amendment No. 11 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 2, as follows: Sec. 2. - Contracts. (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary; Provided, however, that as to standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must comply with state law. bc compctitivcly bid or proposcd or bascd upon a procurcmcnt mcthod authorizcd by statc law. For any contract that is bascd on compctitivc bids or proposal, aftcr approval of spccifications by thc city managcr, advcrtiscmcnt of such contracts shall bc publishcd in a ncwspaper of gcncrai circulation in thc city at least oncc in ctach wccic for two consccutivc wccics, inviting compctitivc bids or proposals. All bids or proposals submittcd shall bc sctalcd and dclivcrcd in thc manncr rcquircd by thc spccifications. At thc timc announccd in such noticc, the bids or proposals shall bc opcncd in thc prcscncc of one or morc city cmployccs dcsignatcd by thc city managcr and in thc prcscncc of thosc biddcrs dcsiring to bc prcscnt, cxccpt that confidcntiality may bc providcd in accordancc with statc law. Thc council shall dctcrminc thc most advantagcous bid or proposal for thc city. Thc city shall always havc thc right to rcjcct any and all bids or proposals. In thc cvcnt all bids or proposals arc rcjcctcd, thc city may call for new bids or proposals at its discrction, which shall bc c dvcrtiscd in likc manncr as thc original. (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. SECTION 18. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 19. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 10 SECTION 20. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 of 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 Nelda Martinez City Secretary Mayor C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@D8056256\@BCL@D8056256.docx 1 1 AGENDA MEMORANDUM First Reading for the August 9, 2016 City Council Meeting Second Reading for the August 16, 2016 City Council Meeting DATE: August 4, 2016 TO: Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey Edmonds, P.E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3729 Ordinance calling for Special Election — Bond 2016 Proposition CAPTION: Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi, authorizing bond issuances of the city supported by ad valorem taxes; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: Based on Council's direction to the City Manager on July 29, bond counsel has developed the following proposition for the ballot: PROPOSITION The issuance of bonds for designing, constructing, renovating, and making permanent street, sidewalk, and drainage, and any related improvements in the aggregate principal amount not to exceed $38,900,000, and levying a tax in payment thereof, with priority given to the following: Intersection of Rodd Field Road and Yorktown Boulevard Six Points intersection for Ayers Street, Staples Street, and Alameda Street Laguna Shores Road improvements Traffic signal and intersection infrastructure, communications, and network improvements Street lighting improvements Americans with Disability Act (ADA) improvements Projects receiving external funding for all or part of their costs (including Texas Department of Transportation Participation Projects and Developer Participation Projects under the Unified Development Code) BACKGROUND AND FINDINGS: At the July 29 meeting, the Council made a motion directing the City Manager to bring forward bond continuation projects as follows: Intersection of Rodd Field Road and Yorktown Boulevard $3,900,000 Six Points Intersection Improvements $3,750,000 TxDOT Participation and Mobility Improvements $2,350,000 Traffic Signal & Intersection Infrastructure Improvements $3,000,000 Traffic Signal Communications & Network Improvements $10,000,000 Street Lighting Improvements $2,000,000 ADA Improvements $2,500,000 Developer Participation $2,500,000 TOTAL: $30,000,000 Additionally, the Council made a motion directing the City Manager to investigate the feasibility of adding Laguna Shores Road to the aforementioned bond continuation projects, prioritizing the center section (Hustlin' Hornet to Caribbean), but investigating all three phases. Upon review, engineering staff has determined that the cost to execute all three phases of the Laguna Shores Road improvements is $8.9 million. ALTERNATIVES: Staff is preparing an alternative proposal in light of changes to the Local Government Code regarding Certificates of Obligation. CONFORMITY TO CITY POLICY: Adheres to election law and bond requirements. EMERGENCY / NON -EMERGENCY: Requires two readings. DEPARTMENTAL CLEARANCES: Engineering Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: LIST OF SUPPORTING DOCUMENTS: Ordinance — Calling for Special Election: Bond 2016 Proposition Presentation — Bond Continuation Projects Draft of August 4, 2016 ORDINANCE AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, IN THE CITY OF CORPUS CHRISTI, AUTHORIZING BOND ISSUANCES OF THE CITY SUPPORTED BY AD VALOREM TAXES; PROVIDING FOR THE PROCEDURES FOR HOLDING SUCH AN ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR THE ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the City), located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas, hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special Election); and WHEREAS, the City will conduct the Special Election jointly with Nueces County (the County) and with other political subdivisions (such other political subdivisions, collectively, the Participants) for whom the County is also conducting their elections, as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the Election Code), or other applicable law; and WHEREAS, pursuant to the aforementioned joint election agreement, the County will conduct all aspects of the Special Election on the City's behalf; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal laws; and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and WHEREAS, concurrently with the Special Election (and as a joint election with the County and any other Participants), the City will, pursuant to the City Charter of the City and by separate ordinance adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of the Council (along with any necessary runoff election) (such regular election, the General Election) in addition to other special elections for measures identified by separate ordinance (the Other Elections); and 62091672.7 WHEREAS, after full review and consideration of each project listed under the proposition described below, the Council hereby finds and determines that each project is necessary for a public purpose and is in the best interests of the City and the residents of the City; and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the residents of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Special Election shall be held in the CITY OF CORPUS CHRISTI, TEXAS on the 8th day of November, 2016 (Election Day), which is a uniform election date under the Election Code, and is not less than seventy-eight (78) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance), for the purpose of submitting the following proposition (the Proposition) to the qualified voters of the City: PROPOSITION 12 "Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $38,900,000, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way (including pedestrian and bike traffic lanes), sidewalks, streetscapes, collectors, drainage, landscape, signage, lighting, traffic signals (including networking hardware and software), acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: Intersection of Rodd Field Road and Yorktown Boulevard Six Points intersection for Ayers Street, Staples Street, and Alameda Street Laguna Shores Road improvements Traffic signal and intersection infrastructure, communications, and network improvements Street lighting improvements Americans with Disability Act (ADA) improvements Projects receiving external funding for all or part of their costs (including Texas Department of Transportation Participation Projects and Developer Participation Projects under the Unified Development Code) and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes, including external funding sources (such as the U.S. Department of Transportation and Texas Department of Transportation, respectively) and (ii) abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because 62091672.7 -2- unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, equipment storage facilities, acquiring lands and rights-of- way necessary thereto or incidental therewith, including (and with priority given to) residential traffic management program improvements, and street curb and gutter improvements (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION 2. The City election precincts hereby established for the purpose of holding the Special Election and the polling places hereby designated for holding the Special Election in the City election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. At least seventy-nine (79) days prior to Election Day, or as soon as thereafter is reasonably practicable, the City Secretary, or her designee, in coordination with the County's election official (the Election Official) or the designee thereof, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Special Election, together with any other necessary changes to election practices and procedures and can correct, modify, or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Election Official, the City, and the Participants to the extent permitted by applicable law. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks in order to properly conduct the Special Election. To the extent required by the Election Code or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B, all as provided by the provisions of the Election Code. Additionally, permanent and temporary branch offices for early voting by personal appearance shall be established and maintained in accordance with the Election Code. The locations, dates, and hours of operation for early voting at these offices (being the permanent and temporary branch offices) shall be determined by the Election Official, as identified in Exhibit B hereto. 62091672.7 -3- An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at each of the polling locations utilized for the Special Election in accordance with the Election Code; provided, however, in the event the use of such eSlate DRE is not practicable, the Special Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). e Slate DRE or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012 of the Election Code, the City shall provide at least one accessible voting system in each polling place used in the Special Election. Such voting system shall comply with State and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and/or such other legally -permissible voting methods may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 4. The City shall also utilize a Central Counting Station (the Station) as provided by Section 127.001, et seq. of the Election Code. The Election Official, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Election Code. The Council hereby appoints the Election Official, or the designee thereof, as the Tabulation Supervisor and the Election Official, or her designee, as the Programmer for the Station. Lastly, the Election Official will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Election Code. SECTION 5. The official ballot shall be prepared in accordance with the Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid proposition which shall appear on the ballot substantially as follows: PROPOSITION 12 The issuance of bonds for designing, constructing, renovating, and making permanent street, sidewalk, and drainage, and any related improvements in the aggregate principal amount not to exceed $38,900,000, and levying a tax in payment thereof, with priority given to the following: 62091672.7 Intersection of Rodd Field Road and Yorktown Boulevard Six Points intersection for Ayers Street, Staples Street, and Alameda Street Laguna Shores Road improvements Traffic signal and intersection infrastructure, communications, and network improvements Street lighting improvements Americans with Disability Act (ADA) improvements Projects receiving external funding for all or part of their costs (including Texas Department of Transportation Participation Projects and Developer Participation Projects under the Unified Development Code) -4- SECTION 6. In accordance with Section 52.072(c) of the Election Code, the Proposition shall appear on the City's ballot after the listing of offices that are the subject of the General Election and the measures that are the subjects of the Other Elections. SECTION 7. The voter -approved bonds issued pursuant to the Proposition above shall be secured by and payable from the full tax rate authorized by Texas Constitution, in accordance with Article VIII, Section 1(b) of the City Charter. SECTION 8. All resident qualified voters of the City shall be permitted to vote at the Special Election, and on Election Day, such voters shall vote at the designated polling places. The Special Election shall be held and conducted in accordance with the provisions of the Election Code and Chapters 1251 and 1331, as amended, Texas Government Code (collectively, the Election Laws), and as may be required by any other law. All materials and proceedings relating to the Special Election shall be printed in both English and Spanish. SECTION 9. A substantial copy of this Ordinance shall serve as a proper notice of the Special Election. This notice, including a Spanish translation thereof, shall be posted (i) at three (3) public places within the City and at the City Hall not less than twenty-one (21) days prior to Election Day and (ii) in a prominent location at each polling place on Election Day and during early voting and shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to Election Day. In addition, during the twenty-one (21) days prior to Election Day, the City shall, in a prominent manner, maintain such notice on its Internet website. The City Secretary is directed to post and publish such Special Election notices as specified above and as required by the Election Laws. SECTION 10. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of the Texas Election Code, added by the 83rd Texas Legislature, the City, as of its fiscal year beginning October 1, 2015, had outstanding an aggregate ad valorem tax -supported principal amount of debt equal to $ ; the aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled $ ; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of $ per $100 of taxable assessed valuation. Of the aforementioned City debt, the City considers $ and $ of that principal and interest, respectively, to be self- supporting debt payable from sources other than ad valorem taxes. The City estimates an ad valorem debt service tax rate of $ per $100 of taxable assessed valuation if the bonds that are subject of the Special Election are approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of the Special Election, but not future bond authorizations of the City). This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. SECTION 11. The Council hereby appoints the City Secretary as the authority and officer responsible for the conduct of the Special Election and is hereby authorized and directed to make all necessary arrangements for the holding of the Special Election in accordance with the Elections Laws, which obligations include (but are not limited to) coordinating the Special Election process and negotiating, entering into, and carrying out the terms and provisions of one or more joint election agreements or contracts with the County and any Participants in accordance with the provisions of the Election Code. To the extent that any duty or obligation of the City, in general, or the City Secretary, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of the Election Laws relative to the same. 62091672.7 -5- In addition, the City Manager and the City Secretary, individually or in concert and as necessary or desired, are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law (including the Election Laws) or to carry out the intent of the Council, as evidenced herein. SECTION 12. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 13. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 14. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 15. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 16. It is officially found, determined, and declared that the meeting at which this Ordinance was adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 17. This Ordinance shall be in force and effect from and after its fmal passage, and it is so ordained. 62091672.7 -6- * PASSED AND APPROVED on the 16th day of August, 2016. ATTEST: Rebecca Huerta City Secretary (SEAL) APPROVED THIS 16th DAY OF AUGUST, 2016: Miles Risley City Attorney 62091672.7 S-1 CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § § § § § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 16th day of August, 2016, ordering a special election to be held on November 8, 2016, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 16th day of August, 2016. Rebecca Huerta City Secretary (CITY SEAL) 62091672.7 S-2 That the foregoing ordinance was read for the first time and passed to its second reading on this the 9th day of August, 2016, by the following vote: Nelda Martinez Brian Rosas Michael T. Hunter Lucy Rubio Chad Magill Colleen McIntyre Mark Scott Rudy Garza Jr. Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the 16th day of August, 2016, by the following vote: Nelda Martinez Brian Rosas Michael T. Hunter Lucy Rubio Chad Magill Colleen McIntyre Mark Scott Rudy Garza Jr. Carolyn Vaughn PASSED AND APPROVED, this the 16th day of August, 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor APPROVED THIS 16th DAY OF AUGUST, 2016 Miles Risley City Attorney 62091672.7 S-3 EXHIBIT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS Election Day: Tuesday, November 8, 2016 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. Nueces County Precinct No. 62091672.7 Polling Places Nueces County Precinct No. Polling Places [The remainder of this page intentionally left blank.] A-1 EXHIBIT B EARLY VOTING Early voting begins Monday, October 24, 2016 and ends on Friday, November 4, 2016 Early Voting Clerk: Kara Sands Early Voting Clerk's physical address: 901 Leopard Street, Corpus Christi, Texas 78401 Presiding Judge of the Early Voting Ballot Board: to be determined by Kara Sands Any voter entitled to vote an early ballot by personal appearance may do so at any Early Voting Site. Location, Dates & Hours of Main Early Voting Polling Place Nueces County Courthouse 901 Leopard Corpus Christi, Texas 78401 Dates Times Location, Dates & Hours of Permanent Branch Polling Places Dates Times Location, Dates & Hours of Temporary Branch Polling Places EARLY VOTING BY MAIL: Applications for voting by mail should be received no later than the close of business (4:30 p.m.) on Friday, October 28, 2016. 62091672.7 Applications should be sent to: Kara Sands, County Clerk Nueces County, Texas P.O. Box 2627 Corpus Christi, Texas 78403 email: nueces.countyelections@nuecesco.com B-1 Corpus Chr sti Engineering Services Bond Continuation Projects Council Briefing August 9, 2016 Transportation Projects Corpus chrsti Engineering Services 1. Rodd Field Road & Yorktown Blvd Intersection Improvements 2. Six Points Intersection Improvements 3. Laguna Shores Road Improvements 4. TxDOT Participation & Mobility Improvements $ 3,900,000 $ 3,750,000 $ 8,900,000 $ 2,350,000 5. Traffic Signal & Intersection Infrastructure Improvements $ 3,000,000 6. Traffic Signal Communications & Network Improvements $10,000,000 7. Street Lighting Improvements $ 2,000,000 8. ADA Improvements $ 2,500,000 9. Developer Participation TOTAL $ 2,500,000 $38,900,000 2 Project Descriptions �hrsti Engineering Services 1. RODD FIELD ROAD & YORKTOWN BLVD INTERSECTION IMPROVEMENTS - Continuation of Bond 2014 Prop. 2 project. Includes new signal, dedicated turn lanes, signage, markings and other required improvements to support a "T" intersection. ($ 3,900,000) 2. SIX POINTS INTERSECTION IMPROVEMENTS - Continuation of Bond 2012 & 2014 projects for Ayers, Staples & Alameda. Fully reconstructs 6 -Points intersection. Includes pavement restoration, upgraded traffic signals, signage, markings, ADA ramps and other improvements necessary to improve infrastructure and safety of intersection. ($ 3,750,000) 3. LAGUNA SHORES ROAD IMPROVEMENTS - Continuation of Bond 2004 Laguna Shores project. This project elevates and rehabilitates the three roadway sections to reduce the tidal impacts to maintain two lanes of traffic except in extreme tidal conditions and storm events. The three sections are Laguna Shores from SPID to Graham, Hustlin Hornet to Caribbean, and Mediterranean to Flour Bluff Marina dead end. The project includes wetland mitigation and USACE/GLO permitting. ($ 8,900,000) 3 Project Descriptions Corpus chrsti Engineering Services 3. TXDOT PARTICIPATION AND MOBILITY IMPROVEMENTS - Continuation of program for obtaining matching funds to leverage State and Federal funding for transportation related projects including new bicycle and pedestrian improvements. The bicycle and pedestrian infrastructure improvements will be in accordance with Strategic Plan for Active Mobility to create mobility options by strengthening walkable and/ or bikable connections to key destinations. ($ 2,350,000) 4. TRAFFIC SIGNAL & INTERSECTION INFRASTRUCTURE IMPROVEMENTS - Continuation of previous Bond programs to upgrade City's signal infrastructure to include pavement restoration, new traffic signal mast arms and poles, signage, pavement markings, ADA ramps and other improvements as necessary. ($ 3,000,000) 4 Project Descriptions Corpus chrsti Engineering Services 5. TRAFFIC SIGNAL COMMUNICATIONS & NETWORK IMPROVEMENTS - Continuation of previous Bond program to replace and upgrade the existing City-wide traffic signalization systems with new advanced controllers and communication network to improve safety, reduce congestion and avoid excessive maintenance cost with aging systems. ($ 10,000,000) 6. STREET LIGHTING IMPROVEMENTS - Continuation of improvements to previous Bond street projects to provide new area lighting through coordination with AEP. The streets include Rodd Field, Ennis Joslin, and Old Robstown Rd. ($ 2,000,000) 5 Project Descriptions Corpus chrsti Engineering Services 7. ADA IMPROVEMENTS - Continuation of the City-wide ADA Accessibility improvements. The proposed improvements will continue coordination with the Street Preventative Maintenance Program to maximize resources and overall impacts for the city. The work plan will include remaining transportation associated improvements from the 2003 ADA Transition Plan and coordination with the Committee for Persons with Disabilities. ($2,500,000) 8. DEVELOPER PARTICIPATION - Continuation of Bond programs to provide matching funding for the City's share of street construction projects, in which the City participates to facilitate development under the Unified Development Code (UDC). ($ 2,500,000) 6 "11° Corpus Chrsti Engineering Services Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: TO: July 22, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Master Service Agreement Water and Wastewater Treatment On -Call Support CAPTION: Motion authorizing the City Manager, or designee, to continue Water and Wastewater Treatment On -Call Support services by executing Amendment No. 1 to a Master Services Agreement (MSA) with LNV Inc. of Corpus Christi, Texas in the amount of $600,000, for a total restated fee not to exceed $635,000 for the Water and Wastewater Treatment On -Call Support project. The project provides for a one-year base contract and allows for two (2) optional one- year administrative renewals/extensions beyond the original one-year base contract, subject to availability of funding and satisfactory consultant performance. PURPOSE: The purpose of this Agenda Item is to approve a Master Services Agreement for the Water and Wastewater Treatment On -Call Support project. CIP DESCRIPTION: Water and Wastewater Treatment On -Call Support (E16264) This project is included in the approved FY 2015 — 2016 Capital Improvement Planning Guide. This project provides the Utility Department with technical support. The Consultant shall assist the City of Corpus Christi in developing project scopes, cost estimating, design and constructability peer review, cost and schedule control, design management, and other support services required by the Treatment Division of the Utilities Department. The Consultant should be able to demonstrate experience in all aspects of water and wastewater treatment, distribution and collection. Wastewater treatment should include primary, secondary and tertiary treatment as well as wastewater reuse. Treatment plant experience should include up to 10 MGD capacity. The Consultant should also have electrical engineering capacity for low and medium voltage power distribution. This will be a task order contract driven by immediate needs. BACKGROUND AND FINDINGS: The Utility Department operates and manages the O.N. Stevens Water Treatment Plant (ONSWTP) and six wastewater treatment plants. This project provides technical support and assistance for the operational, maintenance, diagnostic and design matters for the plants and systems. This professional services agreement is being issued as a Master Service Agreement (MSA) to provide the required technical support required for the successful treatment of the city's water and wastewater systems. The MSA contract specifies basic scope, terms and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scopes of work and associated fees. The total MSA contract fee is limited to the not to exceed amount of the MSA contract. Future Task Orders will be administratively issued by the Director of Engineering Services or designee. LNV, Inc. was selected as the Consultant Engineer for this project through the Transportation and Utilities Request for Qualifications No. 2016-01. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $520,500 $1,800,000 $2,320,500 Encumbered / Expended Amount 35,000 35,000 This Item (Year One) 300,000 300,000 600,000 Future Anticipated Expenditures This Project 86,217 1,372,435 1,458,652 BALANCE $99,283 $127,565 $226,848 Fund(s): Water CIP #7 Comments: This amendment will result in an expenditure not to exceed $600,000 for Year One. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to a Master Services Agreement (MSA) with LNV Inc. of Corpus Christi, Texas in the amount of $600,000, for a total restated fee not to exceed $635,000 for the Water and Wastewater Treatment On -Call Support project and approval of a one-year base contract with two (2) optional one-year administrative renewals/extensions. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 PROJECT BUDGET Water and Wastewater Treatment On -Call Support FUNDS AVAILABLE: Current Water CIP $ 520,500 Water CIP 2016-17 50,000 Wastewater CIP 2016-17 350,000 Water CIP 2017-18 350,000 Wastewater CIP 2017-18 350,000 Water CIP 2018-19 350,000 Wastewater CIP 2018-19 350,000 Total Funds Available $ 2,320,500 FUNDS REQUIRED: Enclineerinci Services: Engineer (LNV, Inc.) $ 1,835,000 Original Contract 35,000 Master Service Agreement, Amendment No. 1, THIS ITEM 600,000 Renewal No. 1 (Optional) 600,000 Renewal No. 2 (Optional) 600,000 Reimbursements: Total Reimbursements. 258,653 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 104,423 Engineering Services (Project Mgmt) 139,230 Misc 15,000 TOTAL $ 2,093,653 PROJECT BUDGET BALANCE $ 226,848 _ll O.N. Stevens Allison (5.0 MGD) f • Nueces Bay A< r 1 �� .-----. moi -- j \ (8.0 MGD) Greenwood, (8.0 MGD) 1 City of Corpus Christi-- Utility Treatment Plants Legend • Wastewater Treatment Plant Water 0 2 4 8 Miles 12 Corpus Christi Bay Oso (16.2 MGD) Oso Bay Laguna Madre { (3.0 MGD) n /i VICINITY MAP NOT TO SCALE Whitecap (2.5 MGD) Project Number: E16264 Water and Wastewater Treatment On -Call Support CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Water and Wastewater Treatment On -Call Support Council Presentation August 9, 2016 Project Location Corpus Chr s[i Engineering O.N. Stevens Allison `1-� (5.0 MGD) Broadway Iw (8.0 MGD) Greenwood (8.0 MGD) • City of Corpus Christi Utility Treatment Plants Leaend ■ v\astewaterrrearnern Rant 0 2 4 Miles 32 Oso (16`2 MGD) j Laguna Madre (3.0 MGD) P Whitecap (2.5 MGD) ?% pf 2 Project Scope Corpus Chr s[i Engineering This Master Services Agreement (MSA) provides on-call services to assist with any technical, operational, maintenance, diagnostic and design concerns for the City's O.N. Stevens Water Treatment Plant (ONSWTP) and six wastewater treatment plants. The services include: • Project management • Permitting and regulatory services • Electrical support services • Condition assessment • Project coordination • Capacity assessment • Asset management • Remedial measures • General engineering services Project Schedule Corpus Chr sti Engineering 2016 2017 A s 0 N D J F M A M J J On-call Services Project Estimate: 365 calendar days = 12 Months This project is a one-year (12 calendar months) base contract with two optional one-year renewals. CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER AND WASTEWATER TREATMENT ON-CALL SUPPORT E16264 AMENDMENT NO. 1 This Agreement is between 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 and LNV, Inc., a Texas Corporation, 801 Navigation, Suite 300, Corpus Christi, Texas 78408 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 3 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 5 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 8 EXHIBITS Page 1 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 4 For design services, Consultant agrees to render the professional services necessary for the advancement Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $600,000, for a total restated fee of $635,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. Page 2 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $600,000.00 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC as needed. 3.3 Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION 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. ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of years beginning on the Effective Date. The Agreement may be renewed for up to one year renewal-eptionc upon mutual agrccmcnt of thc particc to bo cvidcnccd in writing prior to thc cxpiration datc of thc prior tcrm. Any rcncwal., shall be at the soma terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. Page 4 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless Page 5 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. Page 6 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation Page 7 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. 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. 12.3 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. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or Page 8 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Entire Agreement. This Agreement, including Task Orders, 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. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). 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 that exceed $50,000. These interested parties include: (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; or (2) a person who actively participates in facilitating a contractor 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. 12.8 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 12.9 Controlling Law. 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. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. Page 9 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16264 WATER & WW TREATMENT ON-CALL SUPPORT\AMENDMENT NO. 1\CONTRACT\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department APPROVED Date • Office of Management and Budget Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney ATTEST Rebecca Huerta Date City Secretary Project Name Water and Wastewater Treatment On:CaII Support Project Number E16264 Contract Amount $600,000 PARTIAL CERTIFICATION FOR $300,000 Accounting Unit 4093-062 for $242.988.61 Account 550950 Activity El 6264014093EXP Account Category 50950 Fund Name Water 2013 RVBD Accounting Unit 4095-062 for $57.011.39 Account 550950 Activity E16264014095EXP Account Category 50950 Fund Name Water 2015 CIP BALANCE TO CERTIFY WITH FY 2017 Wastewater CIP $300,000 LNV, I artior. Dan Ley; •d % er, P.E. Date Preside 801 Navigation, Cuite 300 Corpus Christi, TX 78408 (361) 883-1984 Office loganb@Invinc.com Page 10 Rev. 7116 V;4ENGINEERING DATAEXCHANGEIJENN FERSWATER4E16264 WATER 8 WW TREATMENT ON•CALL SUPPORTIAMENDMENT NO. jSCONTRACT4MA5TER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI LNV, INC. J.H. Edmonds, P. E. Date Dan S. Leyendecker, P.E. Director of Engineering Services President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office RECOMMENDED Operating Department Date Date Master Services Agreement Exhibit A CNV Solutions Today with a engineers 1 architects 1 surveyors Vision for Tomorrow Exhibit B City of Corpus Christi Scope of Professional Services Water and Wastewater Treatment On -Call Support, E16264 This project will include various task authorizations depending on the City's needs, which represents the specific tasks that our team is authorized to perform in support of the City staff. This project is intended to be a base 1 -yr contract of $600,000 with two (2) optional 1 -yr renewals (each for $600,000/year). As described in RFQ No. 2016-01, Part B: Utility Projects, this project allows the Engineer to supplement the City's staff with personnel and resources to assist with any technical, operational, maintenance, diagnostic and design concerns. The Engineer shall assist the City by performing the tasks outlined in this amendment at the request and under the direction of the Utilities Department to ensure that the water and wastewater treatment objectives for the City are being met in a cost-effective manner. All services provided under this contract will be on an as -needed, on-call basis throughout the term of the agreement. Therefore, the services will be delivered through various task authorizations that will be issued by the City and performed either on a Time and Materials (T&M) or a lump sum basis. These task authorizations may vary considerably in size and scope, which will be discussed between the City and the Engineer prior to issuance. The Engineer will be responsible for preparing a detailed scope and anticipated fee estimate for each task authorization and upon approval, a Notice -to -Proceed will be issued by the City's appointed Program Manager to commence the work outlined in the task authorization. This project also includes specific tasks that are necessary to deliver quality engineering services that provide on-call support to the City's water and wastewater treatment operations, including staffing, coordination of team sub -consultants, QA/QC of all task deliverables, document management and distribution, task scheduling, invoicing, project status reporting, etc. Depending on the specific needs of the City, there may also be a number of assigned Task Managers. 801 NAVIGATION 1 SUITE 200 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM LARGE A/E AGREEMENT AMEND. NO. 1 EXHIBIT B Page 1 of 12 BASIC SERVICES (N/A) ADDITIONAL SERVICES (ALLOWANCE OF $600,000/YR) This section defines the scope of tasks for Additional Services that may be included for this contract. However, the Engineer will not begin work on the tasks in this section without written approval for the Director of Engineering Services. Upon receipt of written authorization, the Engineer will perform the following Additional Services: 1. Project Management 2. Permitting and Regulatory 3. Electrical Support Services 4. Project Coordination 5. Condition Assessment 6. Capacity Assessment 7. Asset Management 8. Remedial Measures 9. General Engineering SCHEDULE The project is a 1 -yr base contract of $600,000 with two (2) optional 1 -yr renewals (each for $600,000/year) as needed and authorized. The project schedule is completely dependent upon the needs and requests of the City staff. Activity Date Anticipated Notice -to -Proceed September 7, 2016 Task Authorizations TBD LARGE A/E AGREEMENT AMEND. N0.1 EXHIBIT B Page 2 of 3 FEES Services will be provided on a Time and Materials (T&M) or a lump sum basis, which will be billed through task authorizations. Negotiated fees will be authorized through multiple task authorizations detailing the scope of work and the schedule for a total not -to -exceed contract amount, as shown below. Services Performed by Consultant Original Contract Year 1 of 3 Amd No. 1 TOTAL Electrical Support (TA #1) $35,000 -- $35,000 Water/Wastewater Treatment On -Call Support -- $600,000* $600,000 TOTAL AUTHORIZED FEE $35,000 $600,000* $635,000 *Amount to be added annually for a maximum of three (3) years For services provided on a T&M basis, monthly invoices will be provided by the Engineer based on actual working hours and associated expenses at agreed upon hourly rates. The Director of Engineering Services Department is responsible for approving task orders to the Engineer and approving daily/weekly/monthly hours. The Engineer is required to submit a detailed and approved man-hour breakdown accompanying with monthly invoices to Engineering Services for payment. For services provided on a lump sum basis, monthly invoices will be provided by the Engineer based on percent completion of the agreed-upon services. The Director of Engineering Services Department is responsible for approving task orders to the Engineer and approving the percent completion based on the anticipated fee and project schedule. The Engineer is required to submit monthly invoices to Engineering Services for payment. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 361-883-1984. Sincerely, LNV, Inc. TBPE Firm No. F-366 Logan Burton, P.E. Principal/Vice President LARGE A/E AGREEMENT AMEND. N0.1 EXHIBIT B Page 3 of 3 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Master Services Agreement Exhibit B-1 Basic Seryices: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT C PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Master Services Agreement Exhibit C EXHIBIT "D" 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 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. 1.5 Consultant shall be required to submit a copy of the replacement certificate of 1 Rev 07/16 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 or non -renewal of coverage, and not less 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. 2 Rev 07/16 Arw m. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED 8Y CFI Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definition. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other B ZIP: 78408 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title AKA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°o 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°'u or more of the ownership in the above named "firm." NameA A 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: Dan S. Leyendecker, E. Title: President (Type or Print) Signature of Certifying Person: EFINITIONS Date: 4 /2,M, a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: 2016-79534 Date Filed: 07/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, 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, Texas 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. E16264-Wtr/WWT On -Call Support Professional engineering, architectural, and/or surveying services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Leyendecker, Dan Corpus Christi , TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Trejo, Eric Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sw 2 Oa�d,4 ��4. lo; gal:, . -'42`,.6 t . �4�uoar• NOTARY n and subscribed , to TANYA IACHEIIE SWAIIS Public, State of Texas Comm. Expires 03-30-2020 Notary ID 11712738 STAMP / SEAL ABOVE before me, by the said certify which, witness my hand and aJ) I swear, or affirm, under . enalty of perjury, that th above disclosure is true and correct. ,� / . , � gnature of authorized agent of ting business entity Lai +, , this the v day o • seal of office. -lin fi L.SY05 ilk 4eofofficeerjflgt& il kgnatur% o o r d imstenng oath Printed name of cer administering oath rms pro Texas Ethics Commission www.ethics.state.tx.us AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: TO: July 22, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Construction & Testing Contract O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with PLW Cadagua Partners of The Woodlands, Texas in the amount of $21,650,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $54,765 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and to execute the materials testing contract. CIP Description: O.N. Stevens Water Treatment Plant High Service Building No. 3 This project will provide for construction of a new High Service Building as the repair/replacement of the existing High Service Building No. 1 and its equipment is not feasible or cost effective. This project will also replace the four (4) existing tilting disc check valves (TDCVs) and all existing Multilin Motor protection relays (MRP) at High Service Building No. 2 in order to provide consistency and facilitate maintenance between both High Service No. 2 and the High Service No. 3 Pump Stations. The New High Service Building No. 3 will have the capability to deliver treated water to the distribution system from the existing clear -well No. 1, clear -well No. 2 and future programmed clear -well No. 3. Completion of this project will enable the City to decommission and take out of service High Service Building No. 1. The construction is anticipated to be complete in 2019. BACKGROUND AND FINDINGS: This project replaces the existing High Service Pump Bldg. No.1 (HSPB #1) at the O.N. Stevens Water Treatment Plant that is beyond its useful service life. The existing HSPB #1 was placed into service over 60 years ago and is experiencing severe deterioration impacting reliability and capacity. It does not comply with the Texas Commission on Environmental Quality (TCEQ) approved Alternate Capacity Requirement (ACR) plan and future demands. The existing HSPB #1 will be abandoned in place. This project was developed with a Base Bid and four (4) Additive Alternatives as follows: Base Bid: Includes construction of a new 12,700 square foot High Service Pump Building with six (6) new horizontal split -case pumps, motors, piping and valves, electrical, controls and associated site improvements. Additive Alternates: 1. Alternate 1 — Alternate Generator Building Extension and Retrofit The existing generator building houses the Alternate Power generators with 6 Megawatt (MW) capacity that cannot meet the peak demands of the plant and future demands. The improvements expand the existing generator building to house one additional 2 MW generator. The existing building and expansion will be upgraded to meet current code and windstorm requirements. 2. Alternate 2- High Service Pump Building No. 2 (HSPB #2) Rehabilitation The existing HSPB #2 instrumentation, controls and equipment requires upgrades to improve operational capabilities, efficiencies and reduce the maintenance cost. The work includes: • Refurbish existing four pumps • Replace existing four (4) Horizontal Split -Case impellers to match impellers of High Service Pump Building No. 3 Pumps; • Replace existing four (4) pump discharge tilting disc check valves • Remove twenty-one (21) GE multiline motor protection relays and replace with SEL motor protection relays 3. Alternate 3 — 72 -inch Waterline Extension The work includes extension of the existing 72 -inch waterline to connect the wash water supply pump station to the south filters for the plant. This increases the projected future ONSWTP rated capacity from 177 MGD to 200 MGD. Completing this work within this project is the most cost effective solution to avoid rework in the future. 4. Alternate 4 — High Service Pump Building No. 2 Access Road Rehabilitation The work rehabs the existing access road is severely deteriorated and critical to plant operations and maintenance. Completing this road work within this project is the most cost effective solution to avoid rework in the future. On June 8, 2016, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR BASE BID ADD ALT NO 1 ADD ALT NO 2 ADD ALT NO 3 ADD ALT NO 4 BASE BID PLUS ADD ALTS 1-4 PLW Cadagua Partners The Woodlands, Texas $18' 345,000 $2,000,000 $955,000 $200,000 $150,000 $21,650,000 CSA Construction, Inc. Houston, Texas $17,300,000 $2,205,000 $2,418,000 $255,000 $185,000 $22,363,000 ALLCO, LLC Beaumont, Texas $19,3113,5/10 $2,636,875 $2,221,557 $186,000 $75,000 $2/1,162,972 Engineer's Opinion of Probable Construction Cost $23,500,000 The City's consultant, LNV, Inc. and City staff evaluated the three proposals and determined that ALLCO, LLC does not meet the minimum qualification requirements set forth in the contract documents and therefore considered to be a non-responsive bidder. PLW Cadagua Partners of the Woodlands, Texas, was determined to be the lowest responsive and responsible bidder for the base bid and all four additive alternatives. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is PLW Cadagua Partners of the Woodlands, Texas. Based on a review of PLW Cadagua Partners's experience and resources from the information they submitted in accordance with the contract documents, PLW Cadagua Partners is qualified to provide the construction services for the project. Rock Engineering and Testing Laboratory (RETL) is recommended for the material testing contract. RETL performed the geotechnical investigation services during design phase and brings excellent past performance on similar City projects. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Line Item Budget (Operating) $47,500 $47,500 Line Item Budget (CIP) $5,799,900 $6,200,000 $16,500,000 $28,499,900 Encumbered / Expended Amount $2,436,784 $2,436,784 This Item (Construction) $2,750,000 $18,900,000 $21,650,000 This Item (Testing) $54,765 $54,765 Future Anticipated Expenditures This Project $100,000 $4,080,000 $4,180,000 BALANCE $3,410,616 $3,295,235 ($6,480,000) $225,851 Fund(s): Water CIP #5 Comments: This project requires approximately three (3) years for construction with anticipated completion in the fall of 2019. The construction contract will result in the expenditure of an amount not to exceed $21,650,000. The construction materials testing contract will result in the expenditure of an amount not to exceed $54,765. RECOMMENDATION: City Staff and the design engineer recommend approval of a construction contract with PLW Cadagua Partners of The Woodlands, Texas in the amount of $21,650,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 for the Base Bid plus Additive Alternates No. 1 through 4 and approval of a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $54,765 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Contract Form 1295 PROJECT BUDGET O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE PUMP BUILDING NO. 3 FUNDS AVAILABLE: Water Operating $ 47,500 Prior Water CIP 5,799,900 Water CIP 2016 6,200,000 Future Water CIP 2017 and 2018 16,500,000 Total Funds Available 28,547,400 FUNDS REQUIRED: Construction: Construction (PLW Cadagua Partners) THIS ITEM 21,650,000 Construction Contingency (10%) 2,165,000 Construction Observation & Testing: Construction Observation Estimate (TBD) Construction Materials Testing (Rock Engineering) THIS ITEM MIS Line Relocation Estimate (City MIS Dept.) 750,000 54,765 50,000 Design: Design Engineer (LNV, Inc.) 2,436,784 Original Contract (LNV, Inc.) 47,500 *Amendment No. 1 (LNV, Inc.) 2,358,103 Amendment No. 2 (LNV, Inc.) 28,600 Amendment No.3 (LNV, Inc.) 2,581 Reimbursements: Total Reimbursements. 1,215,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 450,000 Engineering Services (Project Mgmt/Constr Mgmt) 750,000 Misc 15,000 TOTAL $ 28,321,549 PROJECT BUDGET BALANCE $ 225,851 *Amendment No. 1 approved by City Council on October 15, 2013 by Motion No. 2013-159 —40111111* d5� t eoQa SI\ Fort CJ` 111- 7atm up River Rd Project Location 1fd VICINITY MAP NOT r0 SCALE 0 Project Number: E11066 O.N. Stevens High Service Pump Building No. 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS C� DEPARTMENT OF ENGINEERING SERVICES — nn— Corpus Chr sti Engineering O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Council Presentation August 9, 2016 Qe " a• Project Map Northwest 81vd WaImart Supercenter I U u o $t ® UPRiverRd CLL LEN Cj' -® l�a Project Location Fert Ge" Sa 116g41 Corpus Chr'sti Engineering 2 Project Location HSB No.1 Generator Bu din Corpus Chr sti Engineering 3 Project Scope Corpus Chr sti Engineering The scope includes: Base Bid: Construction of a 12,700 sq. ft Pump Building with equipment and instrumentation Alt. No.1: Constructs a 2 MW Generator to include building extension and retrofit of existing building. Alt. No.2: Provides pump rehabilitation and equipment replacements for High Service Pump Building No.2 Alt. No.3: Constructs a 72 -inch waterline from wash water supply pump station to road east of South Filters. Alt. No.4: Provides access road rehabilitation for road servicing High Service Pump Building No.2. Project Schedule Corpus Chr sti Engineering 2016 2017 2018 2019 M J A s 0 N D F M A M A s 0 N D F M A M A A s 0 N D F M A M A A Bid & Award Construction Project Estimate: 1,095 Calendar Days = 37 Months Projected Schedule reflects City Council construction award in August 2016 with anticipated construction completion by September 2019. AGREEMENT for Construction Materials Testing This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 (Project No. E11066) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit "A" and the Terms and Conditions to Agreement attached as Exhibit 1313. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $54,765.00. Monthly invoices will be submitted in accordance with Exhibit "C". 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY 07-26-16 J.H. Edmonds, P. E. Date Curti A. ock Date Director of Engineering Services Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office (361) 883-4711 Fax curtis©rocktesting.com Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date K:\ENGINEERING DATAEXCHANGEWENNIFER\WATER\E11066 ONSWTP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 ATTEST Rebecca Huerta City Secretary Date Project Name O.N. Stevens Water Treatment Plant High Service Building No. 3 Project Number E11066 Accounting Unit 4096 Account 550920 Activity E11066014096EXP Account Category 50920 Fund Name Water 2015 CIP This the original testing contract for $54,765 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 Thursday, July 14, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 Corpus Christi, TX RETL Proposal Number: P070816A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. the estimated testing for this project is $54,765.00 V/e understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. the estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. ®lease make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $31.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com Thursday, July 14, 2016 Exhibit "A" Page 1 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 01. SOILS A1.SUBGRADE Densities Subgrade Sidewalks SF - 1 per 5000 SF of each liff S600 IN-PLACE DENSITIES (Min 3) Densities Subgrade Street SY - 1 every 310 SY SY 4270 S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) Subgrade ST - I per street S190 MATERIALS SAMPLING CHARGE S486 VEHICLE 5510 PROCTOR - STANDARD ASTM D698 A2. SELECT FILL Select Fill 95% ASTM D698 at or above OMC EA - 1 each material type CY S190 MATERIALS SAMPLING CHARGE S310 ATTERBERG LIMITS/PLASTICITY INDEX S510 PROCTOR - STANDARD ASTM D698 S599 FINER THAN #200 MESH (Decantation) A5. BACKFILL Densities Trench Backfill LF - 1 per 200 LF S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) Trench Backfill EA - 1 each material type S190 MATERIALS SAMPLING CHARGE S486 VEHICLE S510 PROCTOR - STANDARD ASTM D698 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 1 1 ea $44.00 $44.00 3 3 trip $45.00 $135.00 14 14 ea $44.00 $616.00 1 1 1 ea $57.00 $57.00 1 1 1 trip $45.00 $45.00 1 1 1 ea $215.00 $215.00 1 1 1 ea $57.00 $57.00 1 1 1 ea $60.00 $60.00 1 1 1 ea $215.00 $215.00 1 1 1 ea $64.00 $64.00 1 1 25 25 trip $45.00 $1,125.00 171 171 ea $44.00 $7,524.00 1 1 1 ea $57.00 $57.00 1 1 1 trip $45.00 $45.00 1 1 1 ea $215.00 $215.00 01. SOILS SUBTOTAL $10,474.00 Thursday, July 14, 2016 Exhibit"A" Page 2 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. FLEX BASE A3. FLEX BASE CY - 1 per 3000 CY LIFTS/MIN QTYFREQ QTY RATE AMOUNT S190 MATERIALS SAMPLING CHARGE 1 ea $57.00 $57.00 S486 VEHICLE 1 trip $45.00 $45.00 S502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 1 ea $94.00 $94.00 S504 GRADATION (Sieve Analysis) 1 ea $94.00 $94.00 S522 PROCTOR - MODIFIED ASTM D1557 1 ea $253.00 $253.00 S548 LA ABRASION 1 ea $321.00 $321.00 EA - 1 each material Type S546 WET BALL MILL S606 TRIAXIAL S610 CBR Densities of Compacted Base SY - 1 every 310 SY SY 4270 S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) 1 1 1 ea $321.00 $321.00 1 1 1 ea $743.00 $743.00 1 1 1 ea $490.00 $490.00 1 1 3 3 trip $45.00 $135.00 14 14 ea $44.00 $616.00 02. FLEX BASE SUBTOTAL $3,169.00 03. HOT MIX ASPHALT CONCRETE (HMAC) LIFTS/MIN QTYFREQ QTY RATE AMOUNT B. ASPHALT Asphalt Full Series Extraction Sieve Analysis, Lab Density & Stability, Theoretical Density, T - 1 per 500 tons S105 ASPHALT FULL SERIES 1 2 2 ea $635.00 $1,270.00 S190 MATERIALS SAMPLING CHARGE 1 2 2 ea $57.00 $1 14.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 Cored in Place Densiites LF - 1 per 1000 LF of street S202 ASPHALT CORED IN-PLACE DENSITY S486 VEHICLE 1 1 2 2 ea $99.00 $198.00 2 2 trip $45.00 $90.00 03. HOT MIX ASPHALT CONCRETE (HMAC) SUBTOTAL $1,762.00 Thursday, July 14, 2016 Exhibit"A" Page 3 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04. CONCRETE Cl. CONCRETE Curb Post and Grate Inlets 1@7, 1@14, 3@28 EA - 1 set every 6 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE Manhole Base Footing 1@7, 1@14, 3@28 EA - 1 set every 10 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE Manholes 1@7, 1@14, 3@28 EA - 1 set every 2 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE RIP RAP, Aprons and SETs 1@7, 1@14, 3@28 SF - 1 set every 4000 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE Sidewalk Curbs and Ramps 1@7, 1@14, 3@28 SF - 1 set every 4000 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5 5 5 5 5 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 2 10 ea $44.00 $440.00 1 1 pour $43.00 $43.00 3 3 trip $45.00 $135.00 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 1 5 ea $44.00 $220.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 04. CONCRETE SUBTOTAL $2,030.00 05. RIGID PAVEMENT LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE Flexural Beams 7 @ 28 day SY - 1 set per 2500 SY SY 165 S302 BEAMS (Set of 4) S404 AIR CONTENT 1 1 1 1 set $232.00 $232.00 1 1 ea $15.00 $15.00 05. RIGID PAVEMENT SUBTOTAL $247.00 Thursday, July 14, 2016 Exhibit"A" Page 4 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 06. LABORATORY G. PERSONNEL Admin Fee LS - Lump Sum P119 ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 Is $75.00 $75.00 06. LABORATORY SUBTOTAL $75.00 07A. HIGH SERVICE 3 (Select Fill) LIFTS/MIN QTYFREQ QTY RATE AMOUNT A2. SELECT FILL Select Fill 95% ASTM D698 at or above OMC SF - 1 per 3000 SF of each tiff SF 966 S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) 1 1 3 3 trip $45.00 $135.00 9 9 ea $44.00 $396.00 07A. HIGH SERVICE 3 (Select Fill) SUBTOTAL $531.00 07B. HIGH SERVICE 3 (PIERS) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 P - 1 set per days pour CY 431 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE 5 12 60 ea $44.00 $2,640.00 1 1 1 pour $43.00 $43.00 1 13 13 trip $45.00 $585.00 E. OBSERVATIONS Pier drilling observation (12 Days) HR - per hour CY 431 S501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 12 8 96 hr $86.00 $8,256.00 07B. HIGH SERVICE 3 (PIERS) SUBTOTAL $11,524.00 Thursday, July 14, 2016 Exhibit"A" Page 5 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 07C. HIGH SERVICE 3 (FOUNDATION) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 850 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Rebar Inspection HR - per hour CY 769 S486 VEHICLE S501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 17 85 ea $44.00 $3,740.00 1 2 2 pour $43.00 $86.00 1 4 4 trip $45.00 $180.00 1 1 2 2 trip $45.00 $90.00 2 2 hr $86.00 $172.00 07C. HIGH SERVICE 3 (FOUNDATION) SUBTOTAL $4,268.00 07D. HIGH SERVICE 3 (COLUMNS) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 76 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Rebar Inspection HR - per hour CY 76 S486 VEHICLE S501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 1 1 2 10 ea $44.00 $440.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 1 1 trip $45.00 $45.00 2 2 hr $86.00 $172.00 07D. HIGH SERVICE 3 (COLUMNS) SUBTOTAL $790.00 Thursday, July 14, 2016 Exhibit"A" Page 6 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 07E. HIGH SERVICE 3 (ROOF) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 111 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Certified Welding Inspection HR - per hour 0116 CERTIFIED WELDING OBSERVATION (Min 4 hours) S486 VEHICLE 5 4 1 3 15 ea $44.00 $660.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 4 16 hr $160.00 $2,560.00 4 4 trip $45.00 $180.00 07E. HIGH SERVICE 3 (ROOF) SUBTOTAL $3,533.00 07F. HIGH SERVICE 3 (ROOF BEAM) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,3@28 CY - 1 set every 50 CY CY 158 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE 4 3 12 ea $44.00 $528.00 1 1 pour $43.00 $43.00 2 2 trip $45.00 $90.00 07F. HIGH SERVICE 3 (ROOF BEAM) SUBTOTAL $661.00 07G. HIGH SERVICE 3 (Grout & Mortar) LIFTS/MIN QTYFREQ QTY RATE AMOUNT C2. GROUT & MORTAR Grout and Mortar D - 1 set per day M402 MORTAR CUBES (Min 3 per set) 3 6 18 ea $44.00 $792.00 M403 GROUT PRISMS (Min 4 per set) 4 6 24 ea $44.00 $1,056.00 S486 VEHICLE 1 6 6 trip $45.00 $270.00 07G. HIGH SERVICE 3 (Grout & Mortar) SUBTOTAL $2,118.00 Thursday, July 14, 2016 Exhibit"A" Page 7 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 08A. PIPE SUPPORTS (Blocks) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,d3@28 P - 1 set per days pour CY 28 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE 5 2 10 ea $44.00 $440.00 1 2 2 pour $43.00 $86.00 1 3 3 trip $45.00 $135.00 08A. PIPE SUPPORTS (Blocks) SUBTOTAL $661.00 08B. PIPE SUPPORTS (Piers) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,d3@28 P - 1 set per days pour CY 44 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Drilled Pier Observation HR - per hour CY 44 5501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 5 25 ea $44.00 $1,100.00 1 1 1 pour $43.00 $43.00 1 6 6 trip $45.00 $270.00 5 8 40 hr $86.00 $3,440.00 08B. PIPE SUPPORTS (Piers) SUBTOTAL $4,853.00 08C. PIPE SUPPORTS (Steel) LIFTS/MIN QTYFREQ QTY RATE AMOUNT E. OBSERVATIONS Certified Welding Observation HR - per hour 0116 CERTIFIED WELDING OBSERVATION (Min 4 hours) 4 4 16 hr $160.00 $2,560.00 S486 VEHICLE 1 4 4 trip $45.00 $180.00 08C. PIPE SUPPORTS (Steel) SUBTOTAL $2,740.00 Thursday, July 14, 2016 Exhibit"A" Page 8 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 09A. GENERATOR BUILDING (Piers) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 P - 1 set per days pour CY 41 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Drilled Pier Observation HR - per hour CY 41 5501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 3 15 ea $44.00 $660.00 1 1 1 pour $43.00 $43.00 1 4 4 trip $45.00 $180.00 3 8 24 hr $86.00 $2,064.00 09A. GENERATOR BUILDING (Piers) SUBTOTAL $2,947.00 09B. GENERATOR BUILDING (Foundation) LIFTS/MIN QTYFREQ QTY RATE AMOUNT Cl. CONCRETE 1@7,1@14,3@28 CY - 1 set every 50 CY CY 85 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) S399 CONCRETE CYLINDERS PICK UP FEE S486 VEHICLE E. OBSERVATIONS Rebar Inspection HR - per hour CY 85 5501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 5 2 10 ea $44.00 $440.00 1 1 1 pour $43.00 $43.00 1 2 2 trip $45.00 $90.00 1 1 1 hr $86.00 $86.00 09B. GENERATOR BUILDING (Foundation) SUBTOTAL $659.00 Thursday, July 14, 2016 Exhibit"A" Page 9 of 10 P070816A E11066 O.N. Stevens Water Treatment Plant High Service Pump Bldg 3 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 10. DIESEL STORAGE Cl. CONCRETE 1@7,1@15,3@28 LIFTS/MIN QTYFREQ QTY RATE AMOUNT CY - 1 set every 50 CY CY 4 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 1 5 ea $44.00 $220.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour $43.00 $43.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 10. DIESEL STORAGE SUBTOTAL $353.00 11. STORAGE ACCESS PLATFORMS LIFTS/MIN QTYFREQ QTY RATE AMOUNT E. OBSERVATIONS Certified Welding Observation HR - per hour 0116 CERTIFIED WELDING OBSERVATION (Min 4 hours) 4 2 8 hr $160.00 $1,280.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 11. STORAGE ACCESS PLATFORMS SUBTOTAL $1,370.00 GRAND TOTAL $54,765.00 fREPROOFING, FLOOR FLATNESS/LEVELNESS, INSULATION/STRIPPING, NAIL PATTERN/NAIL OFF and other special inspections such PAD/FOUNDATION CERTIFICATION are not included in this proposal. Please contact us for a quote for these items if needed. Thursday, July 14, 2016 Exhibit"A" Page 10 of 10 EXHIBIT "B" TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab 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 Lab or its agent, Lab under contract or another entity over which Lab 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. Lab 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 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) 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 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 Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must 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. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Bests rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) 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; and (c) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi 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- s e cretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractors safety measures in, on or near the Project site. K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT "C" Monthly Invoices COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2;500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E11066 ONSWVP HIGH SRVC BLDG NO. 3\TESTING\CONTRACT.DOC Rev. 12/15/15 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association B CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other B 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 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: Curtis Rock Title: Chief Administrative Officer (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 05-25-16 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. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-87865 Date Filed: 07/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. PLW Cadagua Partners The Woodlands, 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 g 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. Project No. E11066 O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Project No. E11066 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ferrovial US Construction Corp. Austin, TX United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT AFFIX NOTARY Sworn to and 20 16 , to 1 swear, or affir nd penalty,of perjury, that the above disclosure is true and correct. / i Atul Raj, President .c' 01"rry LORI A BROWN =•: _• MY COMMISSION EXPIRES ± July 19, 2019 Si . . Lure of authorized agent of contracting business entity Atul Raj , this the 20th day of JulY , STAMP / SEAL ABOVE subscribed before me, by the said certify which, witness my hand and seal of office. f" 26. Lori A. Brown Notary / Asst. Secretary r ) Signature of officer administering oath'w Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-88427 Date Filed: 07/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, 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 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. E11066 Construction Materials Engineering 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. El 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. "„a,�`t,:. LOREN LEILANI ROCK .i,'s Notary Public, State of Texos F. My Commission Expires °w,'E'�i'•„ March 26, 2017 abibir .""" A3PIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Signature of authorized age t of c tracting busines ntity CUrS� , this the -�5\ day ofU\,k , 20 VS( , to certify which, witness my hand and seal of office. tKle, Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath acs Commission www.ethlcs.state.tx. us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: June 28, 2016 TO: Margie C. Rose, 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 Promenade Subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, with the property owners in The Promenade Subdivision to provide public water to their respective properties 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 designee to enter into outside city limits water contracts with property owners of up to 100 lots in The Promenade Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Rick's Homes, LLC., a developer of the subdivision. BACKGROUND AND FINDINGS: 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, Rick's Homes, LLC, is currently building homes on several tracts of land outside the city limits. Rick's Homes, LLC own properties known as The Promenade, Block 1, Lots 1-60; Block 2, Lots 1-20, Block 3, Lots 1-17, Block 4, Lots 1-2, and Block 5, Lot 1. When The Promenade Subdivision was constructed, public waterline was extended to the area and made available to the properties within The Promenade. 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. Rick's Homes, LLC has 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. The Promenade was approved by the Planning Commission on March 25, 2015 and recorded in the Nueces County map records on April 29, 2016. The Promenade is located north of County Road 2444 between County Road 41 and State Highway 286. As part of the development of the subdivision, a waterline was extended from County Road 2444 to the subdivision in order to provide public water to the proposed lots. The Promenade subdivision contains 100 lots. In accordance with Section 55-113 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 designee will execute the remaining water service contracts. The future contracts for the properties within The Promenade would not differ much from the contract with Rick's Homes, LLC. 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: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Resolution & OCL Water Contract with Exhibit Location Map Resolution Authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in The Promenade 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 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 100 lots in The Promenade 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, Rick's Homes, a Texas Limited Liability Company (Owner), whose address is 4833 Saratoga Blvd. PMB #423, 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: The Promenade 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. OWNER: Rick's Homes, a Texas Limited Liability Company Hamad Mostaghasi, Member STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on this the day of 2016, by Hamad Mostaghasi, Member of Rick's Homes, a Texas Limited Liability Company. Notary Public, State of Texas K:\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCL RCTIVE\755-THE PROMENADE, BLOCK 1, LOT 46 (2017 MAGNOLIA FALLS DR)\COUNCIL AGENDA ITEMS\SAMPLE OCL WATER CONTRACT -THE PROMENADE.DOC Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel McGinn, Interim Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Daniel McGinn, Interim Director of Development Services, 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 RCTIVE\755-THE PROMENADE, BLOCK 1, LOT 46 (2017 MAGNOLIA FALLS DR)\COUNCIL AGENDA ITEMS\SAMPLE OCL WATER CONTRACT -THE PROMENADE.DOC Page 3 of 3 SGS6!44 q // BUFFALO CREEK ♦4,44r W 0 O AAad, ‘e. w BATTLE CREEK DR / / BAT/R/ DR // Q / ,Az„ The Promenade z 0 CC -J MAGNOLIA FALLS DR GREAT 0FALLS DR zoj � OW ' U FM 2444 S co 2 v U 0 0.035 0.07 0.14 0.21 Miles i City of Corpus Christi LOCATION MAP Exhibit "A" N Water Contract Location Map PLANNING.CITYLIMITS L i Date Created: 7/8/2016 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 AERIAL OVERVIEW THE PROMENADE CR 8193 CR 6190 CR 0941 Ca 49 AERIAL MAP THE PROMENADE AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for the City Council Meeting of August 16, 2016 DATE: July 12, 2016 TO: Margie C. Rose, 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 Melvin Estates Unit 1 Subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, City 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 her designee to enter into outside city limits water contracts with property owners of up to 20 lots in the Melvin Estates Unit 1 Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Rick's Homes, LLC., the developer of the subdivision. BACKGROUND AND FINDINGS: 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, Rick's Homes, LLC, is currently building homes on several tracts of land outside the city limits. Rick's Homes, LLC own properties known as Melvin Estates Unit 1, Block 1, Lots 1-3; Block 2, Lots 1-4, Block 3, Lots 1-8, Block 4, Lots 1, and Block 5, Lots 1-4. When Melvin Estates Unit 1 Subdivision was constructed, public waterlines were extended to the area and made available to the properties within Melvin Estates Unit 1. 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. Rick's Homes, LLC has 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. Melvin Estates Unit 1 was approved by the Planning Commission on October 11, 2011 and recorded in the Nueces County map records on July 10, 2013. Melvin Estates Unit 1 is located north of Farm to Market Road 43 between Farm to Market Road 763 and County Road 33. As part of the development of the subdivision, a waterline was extended from Digger Lane which feeds from FM 43 to the subdivision in order to provide public water to the proposed lots. Melvin Estates Unit 1 subdivision contains 20 lots. In accordance with Section 55-113 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 her designee will execute the remaining water service contracts. The future contracts for the properties within Melvin Estates Unit 1 would not differ much from the contract with Rick's Homes, LLC. 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: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Resolution & OCL Water Contract with Exhibit Location Map Resolution Authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Melvin Estates Unit 1 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 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 20 lots in the Melvin Estates Unit 1 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, Rick's Homes, a Texas Limited Liability Company (Owner), whose address is 4833 Saratoga Blvd. PMB #423, 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: Melvin Estates Unit 1 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. OWNER: Rick's Homes, a Texas Limited Liability Company Hamad Mostaghasi, Member STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on this the day of 2016, by Hamad Mostaghasi, Member of Rick's Homes, a Texas Limited Liability Company. Notary Public, State of Texas K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2016 CC AGENDA ITEMS\8-09-16\OCL WATER CONTRACT-MELVIN ESTATES UNIT 1\SAMPLE OCL WATER CONTRACT- MELVIN ESTATES UNIT 1.DOC Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel McGinn, Interim Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2016, by Daniel McGinn, Interim Director of Development Services, 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\SHARED\LEGISTAR\2016 CC AGENDA ITEMS\8-09-16\OCL WATER CONTRACT-MELVIN ESTATES UNIT 1\SAMPLE OCL WATER CONTRACT- MELVIN ESTATES UNIT 1.DOC Page 3 of 3 Melvin Estates CR 26 cP1 � w ► % WESLEY WAY ///////// / A/ A �����A ��/��%���/�/ I/��/ i�/ / CR•26 re w 0 V SEBASTION J Q, m 0 0 0.035 0.07 0.14 0.21 Miles 1 / LOCATION MAP Exhibit "A" N Water Contract Location Map PLANNING.CITYLIMITS L J Date Created: 7/8/2016 Prepared By: (vette J. Magallanez Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWaterContractslLondon Club Estates\Maps Projected Coordinate System: NAD_1983_StatePlane Texas_South_FIPS_4205_Feet Projection: Lambert Conformal_Conic AERIAL OVERVIEW MELVIN ESTATES 1 N AERIAL MAP MELVIN ESTATES CR 350 CR266 L7S7 -CR 26 14r CR 33 R 229 CR 6141--m CR 1229 CR CR 230 CR 61 CR 20]22 CR .47 :R 65 CR2 -_CR. 53 2444 CR 2229 CR 222 CR 59 CR203 CR 49. I -CR 18 R16 CR 43 CR 424 R57 t N AGENDA MEMORANDUM Future Item for the City Council Meeting of August 9, 2016 Action Item for City Council Meeting August 16, 2016 DATE: 7/15/2016 TO: Margie C. Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042pass FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. CAPTION: Resolution approving an agreement in the amount of $221,000 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for Type A Affordable Housing Program — Homebuyer Assistance Program and authorizing the City Manager or Designee to execute said agreement. PURPOSE: The purpose of the resolution is to approve an agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the Homebuyer Assistance Program which is administered by the Housing and Community Development Department. BACKGROUND AND FINDINGS: During the May 16, 2016 Type A Board Meeting, the Board approved a motion to transfer $200,000 into the Homebuyer Assistance Program. During the June 20, 2016 Type A Board Meeting, the Board approved the transfer of $21,000 into the City of CC -Reimbursement line item under the Type A Board Affordable Housing Program. Also motioned on this date was an approval to enter into an agreement between the Type A Board and the City of Corpus Christi for the administration and management of the Homebuyer Assistance Program. The agreement covers the term from April 1, 2016 to September 30, 2016, whereas the Board will receive quarterly updates regarding the Homebuyer Assistance Program. The total amount covered by the agreement is $221,000. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $221,000 $221,000 BALANCE $221,000 $221,000 Fund(s): Comments: Financial Impact will be on the funding of the Type A Board funding. RECOMMENDATION: Staff recommends that the City Council approve the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement with Exhibit A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF $221,000 BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENT. WHEREAS, the Board of the Corpus Christi Business and Job Development Corporation (the "Board") has approved a Type A Affordable Housing Program - Homebuyer Assistance Program, which it funds; WHEREAS, the City through its Housing and Community Development Department ("Department") manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board approved an agreement between the City and the Corporation for the management of its program on at the Board's meeting on June 20, 2016. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The agreement in the amount of $221,000 between the City and the Corpus Christi Business and Job Development Board is approved. SECTION 2. The City Manager, or her designee, is authorized to execute an amended agreement between the Corpus Christi Business and Job Development Board and the City for the Type A Affordable Housing Program — Homebuyer Assistance Program. Adopted this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 Page 2 of 2 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM This Agreement for the Type A Affordable Housing Program — Homebuyer Assistance Program ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City") a Texas home rule municipality. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used, and $150,000 has been awarded by the Corporation to the Corpus Christi Housing Authority this fiscal year; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board wishes to fund affordable housing projects in an effective manner; WHEREAS, the City through its Housing and Community Development Department ("Department") manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the City be awarded affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in Exhibit "A" of this Agreement ("Project"); In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit "A" and is incorporated in this Agreement by reference. The parties have approved this Agreement in an amount not to exceed $221,000, of which up to $21,000 will reimburse Page 1 of 8 City for staff time in implementing the Project. The parties have agreed that $200,000 will be used to implement the Project and to process applications from the citizens for funds under the Project. The funds provided under this agreement may not be used for any other projects or to reimburse the City for any staff time which is unrelated to this Project. Any funds not used for the implementation of the Project will be returned to the Corporation. 2. Reimbursement Process. The Parties agree that the City's Housing and Community Development Department (the "Department") will request reimbursement for staff time on a quarterly basis. Request for reimbursement shall be submitted to the Executive Director of the Board. Reimbursement requests shall list the number of homebuyers who received loans under the Project, the total number of applicants, the number of hours spent reviewing and processing loan applications, and the hourly rate at which the staff time is charged. Reimbursement requests containing all of the required information shall be processed within 30 days. 3. Quarterly Updates. At the Board's meeting following the end of each quarter, the Director of the Department will present an update on the program to the Board. The update will include the number of loans processed, the number of applicants, and the number of hours spent reviewing and processing loan applications during the preceding quarter. 4. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Agreement. 5. Term. The term of this Agreement is from April 1, 2016 through September 30, 2016. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Project may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President, R. Bryan Gulley 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn.: Director of Housing and Community Development Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 2 of 8 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION R. Bryan Gulley President Date: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: r , cam (AniILe Aimee Alcorn -Reed Assistant City Attorney Attorney for Corporation E. Jay E Interim st- t Cit Date: C;' Z� l Le al ke Yv a Aguila As tant Ci Att:''ey Attorney or City Housing and Community Development Page 3 of 8 Exhibit A Corpus Christi Business and Job Development Corporation TYPE A Affordable Housing — Homebuyer Assistance Program Guidelines for the Program and Criteria for Application REVISED 4/8/16 Page 4 of 8 Corpus Christi Business and Job Development Corporation TYPE A Homebuyer Assistance Program Guidelines for the Program and Criteria for Application 1. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to be utilized for down payment assistance to buy down the purchase price of the home. 11. General Program Description: The funding is available to qualified homebuyers for the purpose of providing down payment assistance a deferred forgivable loan to buy down the purchase price of an affordable home. Affordable housing is any house with a purchase price which does not exceed 95% of the Metropolitan Statistical Area as determined by HUD. The intent is to provide general terms/guidelines in order to accomplish the buy down of the purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan for $10,000. The term of affordability will be 5 years. The loan will be amortized over the specified affordability period, commencing on the closure date, and forgiven at a rate of $2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends, then the remaining period will be prorated and must be paid back. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. The funding is available on a first come, first serve basis. 01. Housing Standards: The home must pass a Housing Quality Standards (HQS) inspection, which is conducted by HCD staff. If the house was build prior to 1978, a lead based paint test inspection will be required in accordance with HUD Lead Based Paint Regulations. The house cannot be located in a 100 year flood plain. Per 24 CFR Part 55: Properties located within the 100 year floodplain are vulnerable to a 100 -year flood, and a 1 percent chance of a flood occurring every year. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD (see Attachment A). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual grass income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions or over time. (HCD SCD reuirement) Homebuyers must attend a HUD approved Homebuyer/Homeownership class to obtain a Homebuyer Education Certificate. The certificate cannot be older than one year from the date of issue, and cannot be obtained from an online class. If two or more persons are buying a home together, all must attend a class and provide a copy of the Homebuyer Education Certificate. HUD Approved Housing Counseling Agencies can be found here: Page 5 of 8 http://www.hud.qov/offices/hsp/sfh/hcc/hcs.cfm The purchasing household size will be determined by the Housing and Community Development Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of the household for at least six months or more. (HUD and HCD requirement) Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. (HCD requirement) The homebuyer will be issued a Commitment Letter review and approval of all required submitted documents. The Commitment Letter will expire 6 months from the date of issuance. At the time of application, the homebuyer cannot have ownership in any property. The housing ratio ("front end ratio") must fall between 28%-32% The total debt ratio ("back end ratio") may not exceed 45% V. Lender Requirements: The Lender will be required to submit the following to HCD: o Loan Estimate Form o Lender conditional loan approval o Signed and dated 1003 o Copy of the credit report obtained by the Lender o Escrow Earnest Money Contract (sales price cannot exceed $162,000) o Six months of the most recent bank statements o VOE (verification of employment) o Paycheck stubs for past 3 months; (HCD requirement) o Proof of child support; print out from the Office of the Attomey General o Copy of the divorce decree- if applicable o Tax transcripts from the past two years o Government issued identification for all purchasing household members o Copy of social security card of alt members of the household o Copy of the Homebuyer Education Certificate (no older than on year from date of issue) o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card o Underwriter Summary (1008) — to be provided prior to HCD issuing the Commitment Letter o Appraisal (that shows `As -Is' value) o Title Commitment showing the 1St and 2nd Liens (upon final loan approval) o Closing Disclosure (upon final loan approval) Page 6 of 8 VI. Title Company Requirements: HCD will give the approval for closing and will wire funds to the Title Company. The Title Company will provide to HCD the original signed promissory note, the recorded City of Corpus Christi Deed of Trust, Recorded Warranty Deed, Final signed Closing Disclosure, Insurance Binder which shows all liens, and the Title Policy which shows HCD as a lien holder. The Title Company will be responsible for ensuring that all documents are complete and correct. Page 7 of 8 INCOME LIMITS (80% of MEDIAN INCOME) FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 32,500 37,200 41,850 46,500 50,250 53,950 57,700 61,400 Revised 3/28/2016* Income limits are established by HUD and are sub ect to change without notice Page 8 of 8 AGENDA MEMORANDUM Future item for the City Council meeting of August 9, 2016 Action Item for the City Council meeting of August 16, 2016 DATE: TO: FROM: July 29, 2016 Margie C. Rose, City Manager Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution to sponsor a policy resolution for the Texas Municipal League Resolutions Committee to support Defense Economic Adjustment Assistance Grant (DEAAG) program CAPTION: Resolution authorizing the City of Corpus Christi to sponsor a policy resolution for the Texas Municipal League Resolutions Committee recommending the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2018-2019 biennium for the State of Texas to the Defense Economic Adjustment Assistance Grant (DEAAG) program. PURPOSE: Ensure the issue of DEAAG funding is supported again during the 85th Texas Legislature by the TML, one of the top advocacy organizations in Texas. BACKGROUND AND FINDINGS: The Texas Municipal League (TML) will hold its annual convention October 4-7, 2016, in Austin. During the convention the TML Policy Committee will consider policy positions for the TML to take during the upcoming 85th Regular Session of the Texas Legislature in 2017. According to TML rules, resolutions for consideration at the Annual Conference must be submitted to the TML headquarters 45 calendar days prior to the first day of the Annual Conference. For 2016, this provision means that resolutions from any member city, TML region, or TML affiliate must arrive at the TML headquarters no later than 5:00 p.m. on August 22, 2016. The Texas Mayors of Military Communities is not a TML affiliate organization, so it is unable to submit this topic for TML to consider. As a founding member of the TMMC, the City of Corpus Christi is agreeing to sponsor this resolution and is seeking the support of other TMMC member cities. During the 84th Texas Legislative Session, a total of $30 million was appropriated to the DEAAG program. In 2015 and 2016, the Governor's office through the Texas Military Preparedness Commission held two rounds of applications. A total of nine projects from seven Texas defense communities were awarded DEAAG funds. In every round, demand for funding far exceeded available funds. ALTERNATIVES: 1. Take no action - Do not adopt the resolution 2. Allow another Texas municipality to sponsor the resolution 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 X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution TML Resolution Cover Sheet RESOLUTION Authorizing the City of Corpus Christi to sponsor a policy resolution for the Texas Municipal League Resolutions Committee recommending the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2018-2019 biennium for the State of Texas to the Defense Economic Adjustment Assistance Grant (DEAAG) program. WHEREAS, the 15 major Army, Navy, Air Force, and National Guard installations throughout Texas are vital to national security and the State of Texas; and WHEREAS, the Texas Comptroller's recent study proved Texas 15 major military installations generate $136.4 billion in economic activity and $81.3 billion in gross domestic product each year, supporting more than 800,000 Texas jobs and $48 billion in personal income for our citizens; and WHEREAS, Texas has unencumbered airspace, ground maneuver space, and open water for training of all branches of service with virtually every weapon system as well as some of the most diverse topography for excellent training scenarios, the weather provides for the ability to train year round and deployments from Texas installations are efficient due to airfields, road systems, and rail transportation to ports in the state and, finally, the cost of living at Texas installations are some of the lowest in the country; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, the 84th Texas Legislature appropriated $30 million in Fiscal Years 2016-2017 to the Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant fund to assist defense communities that have been, or may potentially be, impacted by a past or future Base Realignment and Closure (or BRAC) action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects; and WHEREAS, the FY 16-17 appropriation was sufficiently to fund only nine projects in seven communities in the first two rounds of DEAAG awards, and the demand for funding far exceeded available funds with approximately 26 total applications valued at more than $72 million were submitted during the first two rounds. NOW, THEREFORE, BE IT RESOLVED, that the City of Corpus Christi hereby recommend the 85th Texas Legislature appropriate $60 million for the Fiscal Years 2016-2017 biennium for the State of Texas to Defense Economic Adjustment Assistance Grant program. AND BE IT FURTHER RESOLVED, that the City of Corpus Christi, hereby recommend that the Texas Municipal League (TML) adopt a resolution at the 2016 TML Annual Conference in Austin recommending the introduction and passage of the General Appropriations Act for FYs 2018-2019 that includes increased DEAAG funding. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza Michael T. Hunter Chad Magill Mark Scott Sponsoring Entity: Brief Background: 2016 TML RESOLUTION COVER SHEET City of Corpus Christi (City, TML Affiliate, and/or TML Region) The Defense Economic Adjustment Assistance Grant (DEAAG) Program, created in 1997, is an infrastructure grant program designed to assist defense communities that have been positively or negatively impacted by a change in defense contracts or an announced change as well as to proactively support installations in the event of a change or announced change by the Department of Defense. TML's Legislative Agenda in 2015 supported funding for DEAAG, but did not specify a funding level. What the Resolution is Intended to Accomplish: Recommend the 85th Texas Legislature continue to appropriate funding to invest in preserving jobs and economic sustainability of Texas military installations through the DEAAG program from the current $30 million in the FY 16-17 biennium to $60 million in the FY 18-19 biennium. In the first two rounds of DEAAG awards, only nine projects in seven communities received grant funding. Approximately 26 total applications valued at more than $72 million were submitted. How the Resolution is City-Related/How it Addresses a Municipal Issue: Cities provide numerous services to Texas military installations and thus are the primary recipients of DEAAG funds. With 15 bases in Texas, these communities have much at risk if a base is threatened through the Base Realignment and Closure process or sequestration. Statewide Importance: The Texas Comptroller recently reported: "Our 15 major military installations generate $136.4 billion in economic activity and $81.3 billion in gross domestic product each year, supporting more than 800,000 Texas jobs and $48 billion in personal income for our citizens." Submitted By: Name: Nelda Martinez Title: Mayor City: Corpus Christi Email: neldam@cctexas.com Telephone: 361/826-3100 AGENDA MEMORANDUM for the City Council Meeting of August 9, 2016 DATE: TO: FROM: July 18, 2016 Margie C. Rose, City Manager Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Cole and Ropes Park (CARP) Implementation Plan Update STAFF PRESENTER(S): Name 1. Daniel McGinn Title/Position Interim Director Department Development Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Luz Lumb Chair CARP Coordination Comm. 2. Teresa Carrilo TCEQ Facilitator TAMUCC-CCS BACKGROUND: Bacteria levels in Corpus Christi Bay in the areas of Coles and Ropes Parks exceeded Texas Surface Water Quality Standards for contact recreational use resulting in their listing under the Environmental Protection Agency (EPA) 303(d) Program for Impaired Water Bodies. Listing also required that the water bodies fall under the Texas Commission on Environmental Quality (TCEQ) Total Maximum Daily Load or TMDL Program (Program) for reducing bacteria. The Program is employed to restore water -quality of impaired water bodies through the development of the TMDL and the TMDL Implementation Plan (I -Plan). The TMDL determines a quantifiable water -quality target that would restore the water quality to levels that support the designated use, contact recreation. The TCEQ must submit the TMDL to the EPA for approval. The I -Plan, which is separate from the TMDL document, is based on loading estimates and information established in the TMDL development phase. Management strategies are prepared in conjunction with area stakeholders and the public to determine load reduction and other mitigation measures to achieve desired water quality. The results and information are summarized in the I -Plan. The I -Plan includes both voluntary and required regulatory actions necessary to restore the designated uses of the water body. Attainment of the standard is anticipated upon full implementation of the I -Plan. LIST OF SUPPORTING DOCUMENTS: Presentation Implementation Plan Approved Implementation Plan for One Total Maximum Daily Load for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Segments 2481CB_o3 and 2481CB_04 Water Quality Planning Division, Office of Water TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Distributed by the Total Maximum Daily Load Section Texas Commission on Environmental Quality MC -2o3 P.O. Box 13087 Austin, Texas 78711-3087 TMDL Implementation Plans are also available on the TCEQ Web site at: www.tceq.state.tx.us/implementation/water/tmd1/ The preparation of this Implementation Plan was financed in part through grants from the U.S. Environmental Protection Agency. And in large part on the recommendations of the Cole and Ropes Park Coordination Committee Stakeholder Group, Organized by the Center for Coastal Studies at Texas A&M University -Corpus Christi, and Facilitated by the Coastal Bend Bays Foundation Agencies that participated in the development of this document include: Texas Commission on Environmental Quality This Implementation plan is based in part on reports prepared for the TCEQ by: • Implementation Plan for Eight Total Maximum Daily Loads for Indicator Bacteria in Dickinson Bayou and Three Tidal Tributaries • Implementation Plan for Seventy -Two Total Maximum Daily Loads for Bacteria in the Houston -Galveston Region In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512/239-0028, Fax 239-4488, or i -800 -RELAY -TX (TDD), Or by writing P.O. Box 13087, Austin, TX 78711-3087 Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table Contents Table Contents .. iii ( Field Code Changed List of Figures viii Figure 1. Location of Cole and Ropes Parks 6 viii Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. 8 viii Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. 8 viii List of Tables ix Table 1. Water Quality Inventory Assessment Data 10 ix Table 2. Waste Load Allocations for TPDES Regulated Facilities* 13 ix Table 3. Percentages of Each AU Designated as an Urbanized Area 13 ix Table 4. MS4 Permittees in Corpus Christi Bay at Coles and Ropes Park 13 ix Table 5. TMDL Allocation Summary Corpus Christi Bay at Coles and Ropes Parks (in MPN/day) 15 ix Table 6. MM 1.1. General Awareness. Implementation timeline schedule. 22 ix Table 7 MM 1.2. Leave It Better Than You Found It. Implementation timeline schedule. 23 ix Table 8. MM 1.3. Pet Waste Disposal. Implementation timeline schedule. 24 ix Table 9. MM 1.4. Prevent Intentional Dumping and Disposal. Implementation timeline schedule. 25 ix Table 10. MM 1.5. Slow the Flow (Low Impact Development) Initiative. Implementation timeline schedule. 26 ix Table 11. Summary of Management Measure 1.0: Education and Outreach 27 ix Table 12. MM 2.1. Continue sampling Enterococcus levels at Cole and Ropes Parks. Implementation timeline schedule. 32 ix Table 13. MM 2.2. Collecting Rainfall Data Near Cole and Ropes Parks. Implementation timeline schedule. 34 ix Table 14. MM 2.3. Conduct Stormwater Outfall Flow Sampling. Implementation timeline schedule. 35 ix Table 15. Summary of Management Measure 2.0: Monitoring 36 ix Tablc 16. MM 3.1. Evaluate Methods to Remove Bacteria with Green Infrastructure. Implementation timeline schedule. 40 ix Table 17. MM 3.2. Bacterial Source Tracking. Implementation timeline schedule. 41 ix Tablc 18. MM 3.3. Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions. Implementation timeline schedule 42 ix Table 19. MM 3.4. Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list. Implementation timeline schedule. 43 ix Table 20. MM 3.5. Identify water flow patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of dye testing. Implementation timeline schedule 44 ix Table 21. MM 3.6. Change sampling date of current TX Beach Watch Program to be more protective of public health. Implementation timeline schedule. 46 ix Table 22. Summary of Management Measure Research 47 ix iii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 23. MM 4.1. Enhance existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 51 ix Table 24. MM 4.2. Continue and Expand the Notification System for Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 52 ix Table 25. MM 4.3. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 53 ix Table 26. MM 4.4. Implement an Ongoing Inflow and Infiltration Study. Implementation timeline schedule. 54 x Table 27. MM 4.5. Conduct Hydraulic Modeling of Collection System. Implementation timeline schedule. 56 x Table 28. Summary of Management Measure: Wastewater Collection Systems 57 x Table 29. MM 5.1. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria. Implementation timeline schedule. 1 6 x Table 30. MM 5.2. Continue the Major Outfall Assessment and Repair Program as Funding Allows. Implementation timeline schedule 63 x Table 31. MM 5.3. Support and Encourage the Adoption of Stormwater Master Plan. Implementation timeline schedule. 64 Table 32. Summary of Management Measure: Stormwater Drainage System] 65 x Table 33. MM 6.1. Residential Leaking / broken Private Sewer Laterals Pre -Sale Inspection/Testing Program. Implementation timeline schedule. 68 x Table 34. MM 6.2 Commercial Cross -connection Inspection Program. Implementation timeline schedule. 69 x Table 35. MM 6.3 Commercial Leaking / broken Sewer Laterals Pilot Inspection/Testing Program. Implementation timeline schedule. 71 Table 36. MM 6.4 Improved Grease Trap Standards. Implementation timeline schedule. 72 x Table 37. MM 6.5. Strengthen current animal control ordinances to relating to removal and disposal of pet wastes. Implementation timeline schedule 73 Table 38. MM 6.6. Implement measures to control feral cats, rodents, and nuisance animals. Implementation timeline schedule. 74 x Table 39. MM 6.7. Install Additional Signage. Implementation timeline schedule. 75 x Table 40. MM 6.8. Develop advisement protocol to warn the public of periodically elevated bacteria levels, as anticipated by weather forecasts for rain, as well as warnings during and immediately after rainfall. Implementation timeline schedule. 76 Table 41. MM 6.9. Restrict access to bay waters from City parks and other bay front City properties during periods of significant public health risks. Implementation timeline schedule. 77 Table 42. MM 6.10. Adopt and enforce additional ordinances. Implementation timeline schedule. 79 x Table 43. MM 6.11. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment. Implementation timeline schedule. 80 Table 45. CA 1.1. Continue existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 90 x x x x x x Table 46. CA 1.2. Continue Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 91 x iv Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 47. CA 1.3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 92 Table 48. Summary of Control Action Wastewater Collection Systems 93 x Table 49. CA 2.1. Continue Existing Stormwater Programs. Implementation timeline schedule. 95 x Table 50. CA 2.2. Continue drainage system line cleaning, inspection, repair and rehabilitation. Implementation timeline schedule 96 xi Table 51. Summary of Control Action: Stormwater Drainage System] 97 xi Table 52. CA 3.1. Eliminate Residential Cross -connections. Implementation timeline schedule. 99 xi Table A-1. CARP Watershed Monitoring and Assessment — Implementation Schedule and Tasks 108xi List of Commonly Used Acronyms xii Acknowledgements xiv CARP Members xiv CARP Alternates xiv CARP Support xv Executive Summary 1 Management Measures (Voluntary Activities) 3 Control Actions (Regulatory Activities) 4 Introduction 4 Watershed Overview 6 Figure 1. Location of Cole and Ropes Parks 6 Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. 8 Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. 8 Texas Beach Watch Program Bacteria Sampling 9 Summary of TMDLs 10 Pollutant Sources and Loads 10 Total Maximum Daily Load (TMDL) 14 Implementation Strategy 16 Adaptive Implementation 16 Activities and Milestones 17 Management Measures and Control Actions 18 Management Measures (Voluntary Activities) 18 Control Actions (Regulated Activities) 19 Management Measure 1.0: Education and Outreach 20 Management Measure 1.1: General Awareness 21 Management Measure 1.2: Leave It Better Than You Found It 22 Management Measure 1.3: Pet Waste Disposal 23 Management Measure 1.4: Prevent Intentional Dumping and Disposal 24 Management Measure 1.5: S/ow the Flow (Low Impact Development) Initiative 25 v Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 2.0: Monitoring 31 Management Measure 2.1: Continue sampling Enterococcus levels at Cole and Ropes Parks 31 Management Measure 2.2: Collecting Rainfall Data Near Cole and Ropes Parks 33 Management Measure 2.3: Conduct Stormwater Outfall Flow Sampling 34 Management Measure 3.0: Research 38 Management Measure 3.1: Evaluate Methods to Remove Bacteria with Green Infrastructure39 Management Measure 3.2: Bacterial Source Tracking 40 Management Measure 3.3: Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions 41 Management Measure 3.4: Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list 42 Management Measure 3.5: Identify the water flow patterns in Corpus Christi Bay at Cole and RopesParks by the use of dye testing 43 Management Measure 3.6: Change sampling date of current TX Beach Watch Program to be more protective of public health 44 Management Measure 4.0: Wastewater Collection Systems 50 Management Measure 4.1: Enhance existing Fats, Oil & Grease (FOG) program 50 Management Measure 4.2: Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) 51 Management Measure 4.3: Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 52 Management Measure 4.4: Implement an Ongoing Inflow and Infiltration Study 53 Management Measure 4.5: Conduct Hydraulic Modeling of Collection System 54 Management Measure 5.0: Stormwater Drainage System 60 Management Measure 5.1: Determine Effectiveness of Stormwater Retrofits to Remove Bacteria 60 Management Measure 5.2: Continue the Major Outfall Assessment and Repair Program as Funding Allows 62 Management Measure 5.3: Support and Encourage the Adoption of Stormwater Master Plan 63 Management Measure 6.0: Ordinance and Regulation 66 Management Measure 6.1: Residential Leaking/broken Private Sewer Laterals Pre -Sale Inspection/Testing Program 66 Management Measure 6.2: Commercial Cross -connection Inspection Program 68 Management Measure 6.3: Commercial Leaking / broken Sewer Laterals Pilot Inspection/Testing Program 69 Management Measure 6.4: Improved Grease Trap Standards 71 Management Measure 6.5: Strengthen current animal control ordinances to relating to removal and disposal of pet wastes 72 Management Measure 6.6: Implement measures to control feral cats, rodents, and nuisance animals 73 Management Measure 6.7: Install Additional Signage 74 vi Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.8: Develop advisement protocol to warn the public of periodically elevated bacteria levels, as anticipated by weather forecasts for rain, as well as wamings during and immediately after rainfall 75 Management Measure 6.9: Restrict access to bay waters from City parks and other bay front City properties during periods of significant public health risks 76 Management Measure 6.10: Adopt and enforce additional ordinances 76 Management Measure 6.11: Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment 79 Control Actions 1.0: Wastewater Collection Systems 89 Control Action 1.1: Continue existing Fats, Oil & Grease (FOG) program 89 Control Action 1.2: Continue Monitoring Sanitary Sewer Overflows (SSOs) 90 Control Action 1.3: Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation 91 Control Actions 2.0: Stormwater Drainage System 94 Control Action 2.1: Continue Existing Stormwater Programs 94 Control Action 2.2: Continue drainage system line cleaning, inspection, repair and rehabilitation 95 Control Actions 3.0: Ordinance and Regulation 98 Control Action 3.1: Eliminate Residential Cross -connections 98 Sustainability 103 Water Quality Indicators 103 Implementation Milestones 104 Communication Strategy 104 References 106 Appendix A. I -Plan Matrix 107 Appendix B. Load Reduction Estimates 118 vii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Figures Figure 1. Location of Cole and Ropes Parks 6 Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. 8 Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. 8 viii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Tables Table 1. Water Quality Inventory Assessment Data 10 Table 2. Waste Load Allocations for TPDES Regulated Facilities* 13 Table 3. Percentages of Each AU Designated as an Urbanized Area 13 Table 4. MS4 Permittees in Corpus Christi Bay at Coles and Ropes Park 13 Table 5. TMDL Allocation Summary Corpus Christi Bay at Coles and Ropes Parks (in MPNlday) 15 Table 6. MM 1.1. General Awareness. Implementation timeline schedule. 22 Table 7 MM 1.2. Leave It Better Than You Found It. Implementation timeline schedule. 23 Table 8. MM 1.3. Pet Waste Disposal. Implementation timeline schedule. 24 Table 9. MM 1.4. Prevent Intentional Dumping and Disposal. Implementation timeline schedule. 25 Table 10. MM 1.5. Slow the Flow (Low Impact Development) Initiative. Implementation timeline schedule. 26 Table 11. Summary of Management Measure 1.0: Education and Outreach 27 Table 12. MM 2.1. Continue sampling Enterococcus levels at Cole and Ropes Parks. Implementation timeline schedule. 32 Table 13. MM 2.2. Collecting Rainfall Data Near Cole and Ropes Parks. Implementation timeline schedule. 34 Table 14. MM 2.3. Conduct Stormwater Outfall Flow Sampling. Implementation timeline schedule35 Table 15. Summary of Management Measure 2.0: Monitoring 36 Table 16. MM 3.1. Evaluate Methods to Remove Bacteria with Green Infrastructure. Implementation timeline schedule. 40 Table 17. MM 3.2. Bacterial Source Tracking. Implementation timeline schedule. 41 Table 18. MM 3.3. Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions. Implementation timeline schedule. 42 Table 19. MM 3.4. Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list. Implementation timeline schedule. 43 Table 20. MM 3.5. Identify water flow patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of dye testing. Implementation timeline schedule. 44 Table 21. MM 3.6. Change sampling date of current TX Beach Watch Program to be more protective of public health. Implementation timeline schedule. 46 Table 22. Summary of Management Measure Research 47 Table 23. MM 4.1. Enhance existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 51 Table 24. MM 4.2. Continue and Expand the Notification System for Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 52 Table 25. MM 4.3. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 53 ix Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 26. MM 4.4. Implement an Ongoing Inflow and Infiltration Study. Implementation timeline schedule. 54 Table 27. MM 4.5. Conduct Hydraulic Modeling of Collection System. Implementation timeline schedule. 55 Table 28. Summary of Management Measure: Wastewater Collection Systems 57 Tile 29. MM 5.1. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria. Implementation timeline schedule. 61 Table 30. MM 5.2. Continue the Major Outfall Assessment and Repair Program as Funding Allows. Implementation timeline schedule. 63 Table 31. MM 5.3. Support and Encourage the Adoption of Stormwater Master Plan. Implementation timeline schedule. 64 Table 32. Summary of Management Measure: Stormwater Drainage System] 65 Table 33. MM 6.1. Residential Leaking / broken Private Sewer Laterals Pre -Sale Inspection/Testing Program. Implementation timeline schedule 68 Table 34. MM 6.2 Commercial Cross -connection Inspection Program. Implementation timeline schedule. 69 Table 35. MM 6.3 Commercial Leaking / broken Sewer Laterals Pilot Inspection/Testing Program. Implementation timeline schedule. 71 Table 36. MM 6.4 Improved Grease Trap Standards. Implementation timeline schedule. 72 Table 37. MM 6.5. Strengthen current animal control ordinances to relating to removal and disposal of pet wastes. Implementation timeline schedule. 73 Table 38. MM 6.6. Implement measures to control feral cats, rodents, and nuisance animals. Implementation timeline schedule. 74 Table 39. MM 6.7. Install Additional Signage. Implementation timeline schedule 75 Table 40. MM 6.8. Develop advisement protocol to warn the public of periodically elevated bacteria levels, as anticipated by weather forecasts for rain, as well as warnings during and immediately after rainfall. Implementation timeline schedule 76 Table 41. MM 6.9. Restrict access to bay waters from City parks and other bay front City properties during periods of significant public health risks. Implementation timeline schedule. 77 Table 42. MM 6.10. Adopt and enforce additional ordinances. Implementation timeline schedule. 79 Table 43. MM 6.11. Explore Adoption of Additional "Low Impact Development' Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment. Implementation timeline schedule. 80 Table 45. CA 1.1. Continue existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 90 Table 46. CA 1.2. Continue Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 91 Table 47. CA 1.3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 92 Table 48. Summary of Control Action Wastewater Collection Systems 93 Table 49. CA 2.1. Continue Existing Stormwater Programs. Implementation timeline schedule. 95 x Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 50. CA 2.2. Continue drainage system line cleaning, inspection, repair and rehabilitation. Implementation timeline schedule. 96 Table 51. Summary of Control Action: Stormwater Drainage System] 97 Table 52. CA 3.1. Eliminate Residential Cross -connections. Implementation timeline schedule 99 Table A-1. CARP Watershed Monitoring and Assessment — Implementation Schedule and Tasks 108 xi Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Commonly Used Acronyms A/E Architectural and Engineering AU Assessment Unit BEACH Beaches Environmental Assessment, Closure, and Health BMP Best Management Practice CA Control Action CARP Cole and Ropes Parks CBBEP Coastal Bend Bays & Estuaries Program CBBF Coastal Bend Bays Foundation CBCOG Coastal Bend Council of Governments CCNCPHD Corpus Christi Nueces County Public Health District CCS Center for Coastal Studies CCTV Closed Circuit Televising CFU Colony -forming units CFS Cubic Feet Per Second CIP Capital Improvements Program CITY City of Corpus Christi CMOM Capacity Assurance, Management, Operation and Maintenance CMP Coastal Management Program DNA Deoxyribonucleic Acid EPA Environmental Protection Agency FG Future Growth FOG Fats, Oil & Grease FSE Food Service Establishments ft Feet GIS Geographic Information System GLO General Land Office HEM Hexane Extractible Material I&I Inflow and Infiltration IA Implementation Activity I -Plan Implementation Plan LA Load Allocation LID Low Impact Development LDC Load Duration Curve LF Linear Feet MM Management Measure mL Milliliter MGD Million Gallons Per Day MOS Margin of Safety MPN Most Probable Number xii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay MS4 Municipal Separate Storm Sewer System MST Microbial Source Tracking NELAC National Environmental Laboratory Accreditation Conference NPDES National Pollutant Discharge Elimination System NPS Nonpoint Source NRA Nueces River Authority PCR Polymerase Chain Reaction OSSF On -Site Sewage Facility PSA Public Service Announcements QAPP Quality Assurance Project Plan qPCR Quantitative Polymerase Chain Reaction RDII Rainfall Dependent Inflow/Infiltration SEA Saltwater Fisheries Enhancement Association SEP Supplemental Environmental Project SSMD Single Sample Maximum Density SSO Sanitary Sewer Overflow SWMP Stormwater Management Plan SWQMIS Surface Water Quality Monitoring Information System TAC Texas Administrative Code TAMUCC Texas A&M University -Corpus Christi TBD To Be Determined TBWP Texas Beach Watch Program TCEQ Texas Commission on Environmental Quality TIDRC Texas Illegal Dumping Resource Center TMDL Total Maximum Daily Load TPDES Texas Pollutant Discharge Elimination System TPWD Texas Parks and Wildlife Department TX Texas USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service WLA Waste Load Allocation WQMP Water Quality Management Plan WWTF Wastewater Treatment Facility Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Acknowledgements CARP Members Luz Lumb, Chair, Recreation Philippe Tissot, Recreation Danielle Converse, City of Corpus Christi Bill Green, City of Corpus Christi Temple Williamson, City of Corpus Christi Wastewater Sally Farris, Home Owners CARP Alternates Adriana Leiva, Recreation Leo Trevino, Environmental, Coastal Bend Bays & Estuary Program Gabriel Ramirez, City of Corpus Christi Sharon Bailey Lewis, City of Corpus Christi Jay Reining, Environmental Ashleigh Higson, Tourism, Convention and Visitors Bureau Jace Tunnell, Environmental, Coastal Bend Bays & Estuary Program James Klein, Environmental T.J. Carpenter, Tourism, Convention and Visitors Bureau Bob Blair, Business & Industry Kelly White, Academia Dr. William Burgin, Public Health Florence Tissot, Recreation Rosario Martinez, Environmental, Coastal Bend Bays & Estuary Program Brian Bustcher, City of Corpus Christi Wastewater Valerie Gray, City of Corpus Christi Sandra Heatherley, Home Owners Lillian Bass, Academia x iv Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Tim Stephens, Business & Industry Chris Tweedle, Academia CARP Support Ismael Nava, Coastal Bend Bays Foundation Teresa Carrillo, Coastal Bend Bays Foundation Debbie Grimaldi, Coastal Bend Bays Foundation Erin Hill, Center for Coastal Studies, Texas A&M University -Corpus Christi Donna Rosson, Public Health Annette Rodriguez, Public Health Ron Stein, Texas Commission on Environmental Quality Roger Miranda, Texas Commission on Environmental Quality Brien Nicolau, Center for Coastal Studies, Texas A&M University -Corpus Christi xv Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Implementation Plan for One Total Maximum Daily Load for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Executive Summary On date, the Texas Commission on Environmental Quality adopted One Total Maximum Daily Load for Bacteria on Cole and Ropes Parks Beaches along Corpus Christi Bay (Segment 2481). The TMDL was approved by the U.S. Environmental Protection Agency (USEPA) on month, day, year. Implementation activities within this plan specifically target beaches at Cole Park (Segment 2481CB_o3) and Ropes Park (Segment 2481CB_o4) beaches located along the southern shoreline of Corpus Christi Bay. The Cole and Ropes Park Coordination Committee (CARP) is a group of interested citizens, private organizations, local businesses and federal, state, and local governments who work together to protect the health of Corpus Christi Bay at Cole and Ropes Park. The CARP Bacteria Reduction Implementation Plan Committee stakeholder group directing the I -Plan formed four work groups to determine appropriate activities and schedules to accomplish the management measures and control activities in the plan. The work groups formed were (1) City Infrastructure, (2) Education and Outreach, (3) Ordinances and Regulations, and (4) Monitoring and Research. Collectively, the CARP stakeholder group and work groups held [XX] meetings to develop this I -Plan. The CARP Committee has identified Management Measure 3.2: Bacterial Source Tracking as the first priority activity for implementation. Because many of the management measures and control actions recommended in this I -Plan address specific potential bacterial sources, results from bacterial source tracking will guide the prioritization and implementation of subsequent activities and allow for wise allocation of limited resources throughout the implementation of the I - Plan. The ultimate goal of this I -Plan is to restore the XX uses in Segments 2481 CB_03 and CB_04 of the Cole and Ropes Parks beaches by reducing concentrations of bacteria to levels established in the TMDL. The TMDL identified potential regulated and unregulated sources of the indicator bacteria Enterococcus. Texas Commission on Environmental Quality 1 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay This Implementation Plan, or I -Plan: • describes the management measures and control actions the watershed stakeholders and the TCEQ propose to implement with the ultimate goal of the bacteria pollutant reductions necessary to restore and protect water quality, • identifies the means by which these activities may be implemented, • proposes a schedule for implementation of these activities, and • describes how stakeholders and the TCEQ propose to track implementation of these activities and monitor improvements in water quality. This I -Plan includes 32 management measures with 6 control actions that may be used to reduce XX in the XX watershed. Management measures are related to managing nonpoint sources (unregulated), such as working to identify On Site Sewage Facilities (OSSFs) in the watershed. Control actions are related to point sources (regulated discharges), such as industrial or domestic wastewater treatment facilities and permitted stormwater discharges. Regulated sources identified discharging to the affected water bodies under a TPDES permit in the Cole and Ropes Parks beaches watershed are the City of Corpus Christi's Municipal Separate Storm Sewer System (MS4). Unregulated sources that could contribute to the bacteria load in the Cole and Ropes Park watershed include nesting and loafing birds at the sample site and beaches, and unmanaged pet and wildlife animal waste. The TCEQ will track the progress of this voluntary I -Plan in restoring the affected Recreational Beach use. Water quality data will continue to be collected by the Texas General Land Office (GLO) who administers the Texas Beach Watch Program (TBWP) and is responsible for notifying the public when water quality standards for pathogens or pathogen indicators are exceeded. TCEQ is provided with a compilation of all beach data collected and analyzed by GLO under the TBWP and will continue to identify trends and compliance with the water quality standard in order to protect human health by identifying beaches with persistent advisories. If persistent advisories continue, and standards are not attained, the TCEQ and watershed stakeholders should reevaluate the TMDL and the I -Plan and take appropriate action. The TCEQ will report the results of implementation tracking and evaluation in its biennial program status report and at regional forums. Texas Commission on Environmental Quality 2 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measures (Voluntary Activities)' 1. General Awareness 2. Leave It Better Than You Found It 3. Pet Waste Disposal 4. Prevent Intentional Dumping and Disposal 5. Slow the Flow (Low Impact Development) Initiative 6. Continue Sampling Enterococcus levels at Cole and Ropes Parks 7. Collecting Rainfall Data Near Cole and Ropes Parks 8. Conduct Stormwater Outfall Flow Sampling 9. Evaluate Methods to Remove Bacteria with Green Infrastructure 10. Bacterial Source Tracking 11. Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions 12. Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List 13. Identify the Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing 14. Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health 15. Enhance Existing Fats, Oil & Grease (FOG) Program 16. Continue the Notification System for Sanitary Sewer Overflows (SSOs) 17. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 18. Implement an Ongoing Inflow and Infiltration Study 19. Conduct Hydraulic Modeling of Collection System 20. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria 21. Continue the Major Outfall Assessment and Repair Program as Funding Allows 22. Support and Encourage the Adoption of Stormwater Master Plan 23. Residential Leaking/Broken Private Sewer Laterals Pre -Sale Inspection/ Testing Program 24. Commercial Cross -connection Inspection Program 25. Commercial Leaking/ broken Sewer Laterals Pilot Inspection/ Testing Program 26. Improved Grease Trap Standards 27. Strengthen Current Animal Control Ordinances to Relating to Removal and Disposal of Pet Wastes 28. Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 29. Install Additional Signage 30. Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 31. Adopt and Enforce Additional Ordinances 32. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Signif cant Redevelopment Management measures refer to strategies for reducing unregulated pollutants, generally through voluntary best management practices (BMPs). Texas Commission on Environmental Quality 3 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions (Regulatory Activities)2 1. Continue Existing Fats, Oil & Grease (FOG) Program 2. Continue Monitoring Sanitary Sewer Overflows (SSOs) 3. Continue Collection System Line Cleaning Inspection, Repair and Rehabilitation 4. Continue Existing Stormwater Programs 5. Continue Drainage System Line Cleaning Inspection, Repair and Rehabilitation 6. Eliminate Residential Cross -connections For each of the measures and actions, this plan identifies the responsible parties, technical and financial needs, monitoring and outreach efforts, and a schedule of activities. Implementation of the management measures will largely be dependent upon the availability of funding. The stakeholders and TCEQ will review progress under the TCEQ's adaptive management process. The plan may be adjusted periodically as a result of progress reviews. For each of the measures and actions, this plan identifies the responsible parties, technical and financial needs, monitoring and outreach efforts, and a schedule of activities. Implementation of the management measures will largely be dependent upon the availability of funding. Introduction To keep Texas' commitment to restore and maintain water quality in impaired rivers, lakes, and bays, the TCEQ works with stakeholders to develop an I -Plan for each adopted TMDL. A TMDL is a technical analysis that: • determines the amount of a particular pollutant that a water body can receive and still meet applicable water quality standards, and • sets limits on categories of sources that will result in achieving standards. This I -Plan is designed to propose activities that may achieve the water quality goals for the Cole and Ropes Parks beaches watershed as defined in the TMDL. It is a voluntary, flexible tool that governmental and nongovernmental organizations involved in implementation may use to guide their activities to improve water quality. The participating partners may accomplish the activities 2 Control actions refer to regulated sources reduction strategies, generally through MS4 permits. Texas Commission on Environmental Quality 4 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay described in the plan through rule, order, guidance, or other appropriate formal or informal action. The Cole and Ropes Park Coordination Committee (CARP) is a group of interested citizens, private organizations, local businesses and federal, state, and local governments who work together to protect the health of Corpus Christi Bay at Cole and Ropes Park. The CARP advised the TCEQ on the development of the bacteria TMDL and continued to advise the TCEQ during development of this I - Plan. This I -Plan contains the following components: i) A description of proposed management measures and control actions that may be implemented to achieve the water quality standards. 2) A recommended schedule for implementing activities (Appendix A). 3) The responsible organization under which the participating agencies may require implementation of the control actions. 4) A follow-up tracking and monitoring plan to determine the effectiveness of the control actions and voluntary management measures undertaken. 5) Identification of measurable outcomes the TCEQ and stakeholders will use to determine whether the I -Plan has been properly executed, water quality standards are being achieved, or the plan needs to be modified. 6) Identification of the communication strategies the TCEQ will use to disseminate information to stakeholders. 7) A review strategy that stakeholders will use to periodically review and revise the plan to ensure there is continued progress in improving water quality. This I -plan also includes possible causes and sources of the bacteria impairment, management measure and control action descriptions, estimated potential load reductions, technical and financial assistance needed, educational components for each measure and action, schedule of implementation, measurable milestones, indicators to measure progress, monitoring components, and responsible organization outlined in the Nonpoint Source Program Grants Guidelines for States and Territories (EPA, 2004). Consequently, projects developed to implement nonpoint source (unregulated) elements of this plan that also meet the grant program conditions may be eligible for funding under the EPA's Section 319(h) incremental grant program. Texas Commission on Environmental Quality 5 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Watershed Overview In 2008, based on data collected under the Texas Beach Watch Program, EPA took action to list Corpus Christi Bay (Segment 2481) on the 3o3(d) List of Impaired Waters for bacteria and subsequently listed the entire water body in Category 5a, meaning a TMDL will be scheduled. Upon request by TCEQ, EPA reconsidered listing the entire Corpus Christi Bay segment and changed the listing to include only beaches at Cole Park and Ropes Park, and designated them into separate assessment units (Segment 2481CB_o3 and 2481CB_o4, respectively) (Figure 1). In addition, the listing category changed to 5c, meaning additional bacteria data were needed before a TMDL is conducted. These actions resulted in establishment and TCEQ funding for the project: "TMDL Investigation for Bacteria in Corpus Christi Bay Beaches". This I -plan addresses the impaired Assessment Units (AUs) and the watershed of the main area of those AUs. Figure 1. Location of Cole and Ropes Parks. Cole Park Cole Park, Segment 2481CB_o3, is 43 acres in size and is owned and operated as a public park by the City of Corpus Christi. The park sits on the edge of Corpus Christi Bay (Figure 2). The park's facilities include 3 separate parking lots, totaling approximately 25o parking spots, a skate park, new children's Texas Commission on Environmental Quality 6 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay playground, fishing pier, amphitheater, restroom facilities, and numerous park benches and picnic tables. The shoreline consists of approximately 1,800 ft of rock rubble, 300 ft of sandy beach, and the remainder consists of concrete bulkhead with large rocks and obstructions with little to no access to the water. There is one large (9.5 ft high by 11 ft wide) stormwater outfall located in Cole Park that serves the Baldwin -Louisiana drainage basin. Three other stormwater outfalls are present along the shoreline within the boundaries of the park. Windsurfers and kite boarders utilize Oleander Point (south end) part of Cole Park for bay access. Ropes Park Ropes park, Segment 2481CB_o4, is 3.5 acres in size and is owned and operated as a public park by the City of Corpus Christi. This park also sits on the edge of Corpus Christi Bay (Figure 3). The park's facilities include 6 parking spaces. The park hosts a stairway down to the water and park benches for sitting. There is almost 1,000 ft of shoreline, including 26o ft of sand with the remainder comprised of large pieces of concrete rubble. The park sits on top of an approximately 3o ft bluff overlooking the water. There are two small stormwater outfalls located at this park. There is also a large (12 ft high by 11 ft wide) stormwater outfall located approximately 85o ft south of Ropes Park which serves the Horne-Brawner Drainage Basin. Ropes Park is commonly used by windsurfers for bay access to launch their equipment. Texas Commission on Environmental Quality 7 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Louisiana Parkway Outfall Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. Texas Commission on Environmental Quality 8 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Beach Watch Program Bacteria Sampling Currently, the Texas General Land Office (GLO) administers the Texas Beach Watch Program (TBWP) and collects water samples through contract, from 163 stations along the Texas coast in Aransas, Brazoria, Cameron, Galveston, Jefferson, Kleberg, Matagorda, Nueces, and San Patricio Counties. Sample collection occurs weekly (one time at each station) during the peak beach season from May through September and bi-weekly from October through April with water samples collected at approximately o.6 m (2 ft.), or knee depth. The GLO maintains a website at http://texasbeachwatch.com/ where maps and bacteria water quality information are available. Bacteria results are updated each time sample data are entered into the TBWP database. Local government entities typically post Beach Watch advisory signs at beach access points and issue advisories that warn the public not to swim in affected waters when bacterial levels are exceeded. TBWP advisories are recommended when a single sample exceeds EPA's recommended Single Sample Maximum Density (SSMD) criteria of 104 colony - forming units (CFU) or most probable number (MPN)/loo ml. Once issued, that beach is subject to continued monitoring every 24 hours until bacteria levels fall to <104 CFU or MPN/ioo ml. Advisories last for 24 hours, and are extended if bacteria levels continue to exceed SSMD recommended levels. All samples are collected under a quality assurance project plan (QAPP) consistent with TCEQ bacteria collection and analysis protocols and analyzed for enterococci bacteria using EPA's Method 1600 or the IDEXX Enterolert® system. TCEQ is provided with a compilation of all beach data collected and analyzed by GLO under the TBWP. Based on total number of samples for each beach and the number of days each beach is under an advisory, TCEQ assesses each individual year within the multi-year assessment period of record. For all available data, the total number of advisory days is divided by the total number of samples collected. If there are numerous sites monitored at one beach area, only one advisory is counted per beach per day. All impairments identified using this method are categorized as 5a (available data and/or information indicate at least one designated or existing use is not being supported and necessary TMDLs are underway or scheduled) due to human health considerations. TCEQ proposes including the TBWP information in the 3o3(d)/3o5(b) assessment process in order to protect human health by identifying beaches with persistent advisories. Assessment would consist of identifying the percentage of days each beach has an advisory. The recreation use is not supported if the geometric mean of the samples collected over the assessment period exceeds the criterion (35 CFU or MPN/loo ml) or if the criteria for individual samples (104 CFU or MPN/loo) ml are exceeded greater than 25 percent of the time. Texas Commission on Environmental Quality 9 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Beach advisories <25% of the time—Fully Supporting Beach advisories 20-25% of the time—Concern and Fully Supporting. Beach advisories < 20% of the time—Delisted and Fully Supporting. Beach advisories >_ 25% of the time—Not Supporting. Summary of TMDLs This section summarizes sections of the Corpus Christi Bay Beaches Bacteria TMDL. Additional background information, including the problem definition, endpoint identification, source analysis, linkages between sources and receiving waters, and seasonal variation can be found in the Corpus Christi Bay Beaches Bacteria TMDL (TCEQ XXXX). Table 1 provides a summary of the water quality inventory assessment data for bacteria in Corpus Christi Bay at Coles and Ropes Parks. Table 1. Water Quality Inventory Assessment Data Pollutant Sources and Loads Potential Pollutant Sources Pollutants may come from several sources, both point and nonpoint. Point source pollution comes from a single definable point, such as a pipe, and is regulated by permit under the TPDES. Wastewater and stormwater discharges from industries, construction, and municipal separate storm sewer systems are considered point sources of pollution. Nonpoint source (NPS) pollution originates from multiple locations, usually carried into surface waters by rainfall runoff. 1. Construction site discharges Mobilized sediment associated with construction sites in the Cole and Ropes Park watershed may be deposited in Corpus Christi Bay via surface runoff or from stormwater runoff. Increased suspended solids in the form of sediment have been correlated to increased bacteria levels in receiving water bodies (Sawyer et al 2010). Texas Commission on Environmental Quality 10 Peer Review Draft, Month, Day, Year Single Geometric Sample Mean Maximum % Single Indicator Criterion Criterion Sample Description Segment AU Bacteria (mpn/100mL) (mpn/100mL) Exceeded Cole Park 2481 248103 03 Enterococci 35 104 Ropes Park 2481 2481CB04 Enterococci 35 104 Pollutant Sources and Loads Potential Pollutant Sources Pollutants may come from several sources, both point and nonpoint. Point source pollution comes from a single definable point, such as a pipe, and is regulated by permit under the TPDES. Wastewater and stormwater discharges from industries, construction, and municipal separate storm sewer systems are considered point sources of pollution. Nonpoint source (NPS) pollution originates from multiple locations, usually carried into surface waters by rainfall runoff. 1. Construction site discharges Mobilized sediment associated with construction sites in the Cole and Ropes Park watershed may be deposited in Corpus Christi Bay via surface runoff or from stormwater runoff. Increased suspended solids in the form of sediment have been correlated to increased bacteria levels in receiving water bodies (Sawyer et al 2010). Texas Commission on Environmental Quality 10 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 2. Bacteria regrowth Studies have shown biofilm regrowth of enterococci does occur in street gutters and storm drains and are contributors to elevated bacteria levels during surface runoff events (Skinner et al 2010). 3. Sediment re -suspension Bacteria in natural waters exist in two forms, (1) free-living or (2) attached and adsorbed to sediment particles (Yang, L et al 2008). Bacteria in bottom sediments can reenter the water column via perturbations that cause sediment resuspension resulting in the reabsorption of bacteria onto the surface of available suspended sediments. Perturbation that can cause sediment resuspension in Corpus Christi Bay at Cole and Ropes Park include wave conditions (i.e. calm conditions resulting in low bacteria levels and rough wave conditions resulting in high levels), stormwater inflow through drain pipes, surface runoff, human recreation, and animals. 4. Dry weather discharges/illicit discharges into and from storm sewers Illicit dry weather flows originate from many sources and may include wastewater, industrial and commercial discharges, cross -connections between stormwater and sanitary sewer systems, irrigation practices from landscaping, illegal dumping, failing septic tanks, and vehicle maintenance activities (i.e. car washing, waste oil). 5. Sanitary Sewer Overflows (SSOs) SSOs are releases of untreated wastewater, including domestic, commercial, and industrial wastewater. They are permit violations that must be addressed by the responsible TPDES permittee. SSOs usually occur as the result of a break, blockage, or exceedance of capacity in the sanitary sewer conveyance system. SSOs have the potential to enter the stormwater conveyance system and may be transported to Corpus Christi Bay. 6. Stormwater Sources Stormwater is regulated by the state and federal government only in areas designated by the EPA as "Urbanized Areas" (UAs) belonging to organizations regulated as Municipal Separate Storm Sewer Systems (MS4s). Best management practices (BMPs) and participation in existing conservation and cost -share management programs is the most feasible option to control these sources of pollution. Promoting the use of BMPs and expanding participation in management programs in Corpus Christi can help lower bacteria levels in waterways. Texas Commission on Environmental Quality 11 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Promotion of BMPs could also help lower bacteria levels in the Cole and Ropes Parks drainage basins where commercial and residential development has occurred, as the density of pets (dogs and cats) is directly linked to population and urbanization. 7. Animal Sources (Wildlife) Bacteria loads from animal sources (birds, livestock, wildlife, etc.) are identified in the Corpus Christi Bay Beaches TMDL report as nonpoint sources of concern. Failure to properly manage these sources may increase bacterial loads to Corpus Christi Bay in the future. Areas of concern include the potential for bacteria to attach to sediments in stormwater runoff, and animals' direct deposition of fecal waste on the beaches or in the watershed. 8. Domestic Pets The most common domestic pets are dogs and cats; however there are many other types of animals that are also kept as pets in the Coles and Ropes Park watersheds. There are over 9052 dogs, 10,301 cats and numerous other animals (goats, sheep, rabbits, ponies, etc.) in the CARP watersheds. Pet waste contributes substantial amounts of bacteria to surface waters. Feces left in parks, yards or on sidewalks gets washed off by rain water and carried into storm drains. These storm drains lead directly to Corpus Christi Bay and associated beaches. Water carried through these drains deposits feces, bacteria and other harmful pollutants into the water where people recreate on the beaches at Coles and Ropes Park. The standard TMDL equation is TMDL = WLA + LA + MOS, where TMDL is Total Maximum Daily Load, WLA is Waste Load Allocation, LA is Load Allocation, and MOS is Margin of Safety, a factor to account for uncertainty and future growth. The equation is used to allocate loads among different sources of a pollutant. Waste load allocations were determined for point sources in each TMDL. These point sources include permitted stormwater runoff and other point sources. Load allocations for nonpoint sources generally include background loads, upstream loads, any stormwater runoff not subject to permit, on-site sewage facility loads, and other nonpoint sources such as animal deposition and leaking wastewater infrastructure. Allocated loads for all TMDLs covered by this document can be found in Appendix B. Texas Commission on Environmental Quality 12 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Waste Load Allocation (WLA) The WLA is the waste load allocation for regulated source contributions in the watershed including [XX e.g., WWTFs (WLAwwTF) and regulated stormwater (WLAsw).] Wastewater Treatment Facilities WWTFs regulated under the Texas Pollution Discharge Elimination System (TPDES) are allocated a daily waste load (WLAwwrF), calculated as their full permitted discharge flow rate multiplied by the instream geometric criterion after reductions for a margin of safety. This is expressed in the following equation: Where: WLAwwTF = criterion * flow (MGD) * conversion factor * (i — FMos) Criterion = XX Flow (MGD) = full permitted flow Conversion factor = XX FMos = fraction of loading assigned to margin of safety Table 2. Waste Load Allocations for TPDES Regulated Facilities* AU TPDES ID Facility Name Permitted Flow (MGD) Average Self- Reported Flow (MGD) Enterococci Load (MPN/day) 2481CBo3 2481E13 04 2481E13 04 Load includes a reduction for MOS of 5% Table 3. Percentages of Each AU Designated as an Urbanized Area AU Area under MS4 (acres) Total subwatershed area (acres) Percentage AU Permitted for Stormwater 2481CBo3 2481E13 04 Total Table 4. MS4 Permittees in Corpus Christi Bay at Coles and Ropes Park AU Permit Number Permittee Area (acres 2481CBo3 2481CBo4 Total Texas Commission on Environmental Quality 13 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Regulated Stormwater Stormwater discharges from MS4, industrial, and construction areas are regulated point sources. Regulated stormwater discharges (WLAsw) must be included in the WLA. Further detail on how the WLAsw was calculated can be found in the Corpus Christi Bay Beaches Bacteria TMDL. The calculation for allowable loads from regulated stormwater is expressed by the following equation: WLAsw = XX Where: WLAsw = sum of all permitted stormwater loads TMDL = total maximum allowable load MOS = margin of safety Load Allocation (LA) The load allocation is the sum of loads from unregulated sources. The load allocation is expressed as follows. LA=XX Where: LA = allowable load from unregulated sources Allowance for Future Growth (FG) The future growth component addresses the requirement of TMDLs to account for future loadings that may occur as a result of population growth, changes in community infrastructure, and development. The assimilative capacity of streams increases as the amount of flow increases. Increases in flow allow for additional loads if the pollutant concentrations meet the criteria in the Standards. Total Maximum Daily Load (TMDL) The TMDL was based on [XX.] The TMDL equation can be expanded to show the components of WLA and LA: TMDL = [XX.] Texas Commission on Environmental Quality 14 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 5. TMDL Allocation Summary Corpus Christi Bay at Coles and Ropes Parks (in MPN/day) Segment Name AU Indicator Bacteria TMDL WLAwwft WLAsrormw.cer LA MOS Future Growth (FG) Corpus Christi Bay 2481 2481CB_o3 Enterococci o Corpus Christi Bay 2481 2481CB_04 Enterococci o rTMDL calculated as sum of WLAwwrF, WLAm.rer, LA, MOS and future growth (includes full permitted flow and no margin of safety); for above tidal segments, the TMDL was calculated by summing the median value of the LDC from the mid-range flow (between 20-80m percentile), MOS and future growth. WLAwwrF is sum of permitted loads discharging to impaired AUs a WLAsmr..mer is TMDL minus the sum of WLAwwrF, MOS and future growth multiplied by the percentage of the AU watershed covered by MS4 permits a LA is TMDL minus the sum of WLAwwrr, WLAsmr..aer, MOS, and future growth ,MOS is a 5% margin of safety which is applied to the TMDL e Future growth accounts for population growth through 2050 in permitted WWTF discharges 9 Because it is not included on Texas' 2006 or 2008 Section 3o3(d) List, a TMDL is not specified for AU 1103 col Texas Commission on Environmental Quality 15 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Implementation Strategy This voluntary I -plan documents 32 management measures and 6 control actions to reduce bacteria levels. Management measures are voluntary and control actions are regulated. Management measures and control actions were selected based on feasibility, costs, support, and timing. Activities should be implemented in phases based on the needs of the stakeholders, availability of funding, and the progress made in improving water quality. The Cole and Ropes Park (CARP) Bacteria Reduction Implementation Plan Committee (CARP Committee) has identified 4 broad categories of strategies to address reduction of bacteria levels at CARP beaches- (i) Education and Outreach, (2) Monitoring and Research, (3) Wastewater and Stormwater Infrastructure, and (4) Ordinances and Regulations. Voluntary and regulated activities are recommended within the framework of each strategy, but the CARP Committee recognizes that in order to be effective, activities across several strategies should be implemented simultaneously or in conjunction with each other. Some activities are necessary precursors to others, and the results from some activities will lead to decision making in the planning process for subsequent actions. The CARP Committee has identified Management Measure 3.2: Bacterial Source Tracking as the first priority activity for implementation. Because many of the management measures and control actions recommended in this I -Plan address specific potential bacterial sources, results from bacterial source tracking will guide the prioritization and implementation of subsequent activities and allow for wise allocation of limited resources throughout the implementation of the I - Plan. Adaptive Implementation All I -Plans are implemented using an adaptive management approach in which measures are periodically assessed for efficiency and effectiveness. This adaptive management approach is one of the most important elements of the I -Plan. The iterative process of evaluation and adjustment ensures continuing progress toward achieving water quality goals, and expresses stakeholder commitment to the process. At annual meetings, TCEQ will direct an appropriate entity to facilitate stakeholders to periodically assess progress using the implementation timeline schedule, interim measurable milestones, water quality data, and the communication plan included in this document. If periodic assessments find that insufficient progress has been made or that implementation activities have not improved water quality, the implementation strategy will be adjusted. Texas Commission on Environmental Quality 16 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Activities and Milestones The Cole and Ropes Park (CARP) Bacteria Reduction Implementation Plan Committee stakeholders and work groups: (i) Education and Outreach, (2) Monitoring and Research, (3) Wastewater and Stormwater Infrastructure, and (4) Ordinances and Regulations, determined appropriate activities and schedules to accomplish the management and control activities in this I -plan. Collectively, the CARP stakeholder group and work groups held a total of 61 meetings to develop this I -Plan. This I -plan includes surface water quality monitoring activities to identify unregulated sources of bacteria, technical analysis of management measures and control activities to predict efficiency of possible Best Management Practices (BMPs), and stakeholder guidance to review possible activities and provide recommendations to the TCEQ for future inclusion in the adopted I -Plan. In addition, the I -Plan outlines potential effective partnerships with local entities to implement the proposed management measures and control activities. Each work group developed detailed, consensus -based action plans. The planned implementation activities are described in the following section. Texas Commission on Environmental Quality 17 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measures and Control Actions The Cole and Ropes Park (CARP) Bacteria Reduction I -Plan includes [33] Management Measures and [6] Control Actions. Management Measures (Voluntary Activities) 1.0) Education and Outreach 1.1) General Awareness 1.2) Leave It Better Than You Found It 1.3) Pet Waste Disposal 1.4) Prevent Intentional Dumping and Disposal 1.5) Slow the Flow (Low Impact Development) Initiative 2.0) Monitoring 2.1) Continue Sampling Enterococcus levels at Cole and Ropes Parks 2.2) Collecting Rainfall Data Near Cole and Ropes Parks 2.3) Conduct Stormwater Outfall Flow Sampling 3.0) Research 3.1) Evaluate Methods to Remove Bacteria with Green Infrastructure 3.2) Bacterial Source Tracking 3.3) Evaluate the Effectiveness of Public Utility Programs and Projects in Bacteria Reductions 3.4) Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List 3.5) Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing 3.6) Change Sampling Date of Current 7X Beach Watch Program to be More Protective of Public Health 4.0) Wastewater Collection Systems 4.1) Enhance Existing Fats, Oil & Grease (FOG) Program 4.2) Continue the Notification System for monitoring Sanitary Sewer Overflows (SSOs) 4.3) Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 4.4) Implement an Ongoing Inflow and Infiltration Study Texas Commission on Environmental Quality 18 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 4.5) Conduct Hydraulic Modeling of Collection System 5.o) Stormwater Drainage System 5.1) Determine Effectiveness of Stormwater Retrofits to Remove Bacteria 5.2) Continue the Major Outfall Assessment and Repair Program as Funding Allows 5.3) Support and Encourage the Adoption of Stormwater Master Plan 6.o) Ordinances and Regulations 6.1) Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program 6.2) Commercial Cross -connection Inspection Program 6.3) Commercial Leaking / Broken Sewer Laterals Pilot Inspection/ Testing Program 6.4) Improved Grease Trap Standards 6.5) Strengthen Current Animal Control Ordinances to Relating to Removal and Disposal of Pet Wastes 6.6) Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 6.7) Install Additional Signage 6.8) Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 6.9) Adopt and Enforce Additional Ordinances 6.1o) Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment Control Actions (Regulated Activities) 1.o) Wastewater Collection Systems 1.1) Continue Existing Fats, Oil & Grease (FOG) Program 1.2) Continue Monitoring Sanitary Sewer Overflows (SSOs) 1.3) Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation Texas Commission on Environmental Quality 19 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 2.o) Stormwater Drainage System 2.1) Continue Existing Stormwater Programs 2.4) Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation 3.o) Ordinances and Regulations 3.1) Eliminate Residential Cross -connections Management Measure 1.0: Education and Outreach Since its frontier beginnings 1519 and incorporation 1852 the City of Corpus Christi has always been a pathway to The Americas and is intrinsically linked to its bays, rivers creeks, estuaries and waterways. The Port of Corpus Christi currently is the sixth largest U.S. port and deepest inshore port on the Gulf of Mexico. To this day these waters play an increasingly important role in the economic stability and success of the City. In 2005 it was ranked as the 47th largest in the world by cargo tonnage, principally handling oil and agricultural products. The bay is also a significant draw for tourism, both on the north shore as well as the downtown recreational areas, particularly around Cole and Ropes Parks beaches. In order to address the issue of excessive bacterial loading at Cole and Ropes Parks beaches, the CARP Committee will need to engage the City of Corpus Christi across all demographic aspects through sustained education and outreach programs that specifically target environmental stewardship, green thinking and cleanliness campaigns. These programs should address the critical aspects of education and outreach. Educational programs need to be created so they adhere to core learning objectives that reinforce knowledge and understanding of environmental stewardship. Outreach programs should be created and adopted to insure full coverage of the diverse demographic and socioeconomic background that the City of Corpus Christi represents. Through enduring City leadership, partnerships need to be established across government, public, business, industry, non-profit organizations, community associations and academic institutions that will strengthen and sustain commitment and involvement for this plan. The Education and Outreach workgroup recommends five implementation activities with associated actions for the CARP implementation plan: 1.1) General Awareness 1.2) Leave It Better Than You Found It 1.3) Pet Waste Disposal Texas Commission on Environmental Quality 20 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 1.4) Prevent Intentional Dumping and Disposal 1.5) Slow the Flow (Low Impact Development) initiative Management Measure 1.1: General Awareness •WHAT: This activity is aimed at creating, implementing and sustaining educational programs within the community that increase awareness of the impact that human actions can have on the quality of local bodies of water. •WHO: City leadership, CBBF, local environmental groups with support from educational Institutions (TAMUCC, Delmar, CCISD), Surfrider Foundation - Texas Coastal Bend Chapter, Corpus Christi Convention and Visitors' Bureau, Texas State Aquarium, Corpus Christi Caller Times, KEDT, other media outlets. •WHERE: City of Corpus Christi, focusing on Cole and Ropes parks stormwater outfall drainage area. •GOAL: Improve community understanding of "Where does the Water Go?" This includes wastewater and stormwater runoff. Provide the community with an "Alert System" when beaches are safe or unsafe for contact recreation. Create an introductory public education campaign about water quality in Corpus Christi bay. Topics will include "Where does the water go?" related to stormwater drainage and general information about ways bacteria and other pollutants can enter waterways. Target practices that can ensure clean water and foster a sense of local pride related to quality of local waterways. Produce a series of public service announcements educating the public about water quality in Corpus Christi Bay. The topics should be similar and align with the short-term milestone and strategy goal. Develop community support system (funding, volunteers, partnerships with local organizations) for the sponsoring of water quality improvement projects such as clean-ups in affected stormwater drainage basins, "Bay Walk" interpretive signage at Cole and Ropes parks, mobile kiosks to be used at community events such as Earth Day Bay Day and World of Water. •WHEN: Tier 1 (1-5 Years). •HOW: Media campaigns in the form of billboards, radio and TV advertising. Develop educational information to be used as bill stuffers and website information. "Bay Walk" interpretive signage, water flow diorama, and other educational materials will be developed. Coordination will be maintained through existing partnerships. Texas Commission on Environmental Quality 21 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: Costs to be determined/ various grant programs and non-profit agencies. •RESPONSIBLE ORGANIZATION(S): None required. •ACTIONS AND SCHEDULE: Table 6. MM 1.1. General Awareness. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Create Public Education Materials x x x Public Service Announcements (PSA) x x x Public presentations x x x Management Measure 1.2: Leave It Better Than You Found It •WHAT: A specific campaign targeted at reducing litter in the community. Principle focus will be on reducing and discouraging litter from vehicles and by individuals around restaurants, shopping areas, parks, beaches and all other public use spaces. •WHO: Possible partners include Beautify Corpus Christi Association, Coastal Bend Council of Governments, Corpus Christi Convention and Visitors' Bureau, City of Corpus Christi, Coastal Bend Bays Foundation, Coastal Bend Bays and Estuaries Program, TCEQ. •WHERE: Target areas should include all drainage basins which directly affect the Cole and Ropes parks. •GOAL: Support the "Leave It Better Than You Found It" and "Don't Mess With Texas Water" campaigns and increase community ownership for a clean and healthy City. •WHEN: Tier 1 (1-5 Years). •HOW: Adopt educational programs for all age groups that target anti -litter and environmental awareness. Develop outreach programs to engage local businesses and residents to support and participate in the "Leave It Better Than You Found It" campaign Texas Commission on Environmental Quality 22 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: Costs to be determined/ various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 7 MM 1.2. Leave It Better Than You Found It. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Media campaign reinforcing "Leave It Better Than You Found It". x Increase support for TGLO Adopt -A -Beach. Create: Adopt -A -Bay, Watershed, etc. x Engage local leaders to address City wide litter problem x Engage local businesses to support clean initiatives and post "Leave It Better Than You Found It" campaign signs x Management Measure 1.3: Pet Waste Disposal •WHAT: Establish coordination with key stakeholders to facilitate the reduction and eventual elimination of improper pet waste disposal. This will be accomplished through the continued installation of Pet Waste disposal stations as funding is secured, implementation of a public service announcement (PSA) and other education initiatives including utilization of information booths or kiosks at local events. •WHO: City of Corpus Christi with support from CARP, Local Animal Businesses, Local Veterinarian Clinics and Animal Rescue/Adoption Centers, City Parks and Recreation (doggie pool day), other etc. •WHERE: Local businesses and events. Specific locations for Pet Waste Disposal Stations as identified and prioritized by City in the drainage basins that impact Cole and Ropes parks. •GOAL: Continue installation of Pet Waste disposal stations in affected drainage basins as funding is secured. Develop and establish an information booth or table at community events. Distribute educational materials and pet waste disposal kits to pet associated businesses and service providers. Complete dog waste pickup PSA with celebrity endorsement and video. Example - Seattle PSA: http://www.youtube.com/watch?v=jDhl2w-jcfs Texas Commission on Environmental Quality 23 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 2o18: Complete Implementation Activities and Continue Monitoring E&O initiatives 2020: Strive for i00% compliance with pet waste disposal ordinances. •WHEN: Tier 1 (1-5 Years). •HOW: Install additional pet waste disposal stations as funding is available. Provide educational handout material to residents about pet waste at local events. Create PSA using a local celebrity to engage pet owner population to take responsibility for good water quality in the CARP watershed areas and throughout the community. Technical assistance will be needed with production of a short commercial video to capture essence and vitality, which may be provided by a local TV station or production company. •COSTS/SOURCE OF FUNDS: Various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 8. MM 1.3. Pet Waste Disposal. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Pet Waste stations x x x Public Service Announcement (PSA) x x x Create Info Booth for Local Events x Distribute educational materials & kits to pet business and services x x x Management Measure 1.4: Prevent Intentional Dumping and Disposal •WHAT: Establish coordination with key stakeholders to develop education and outreach programs to facilitate the reduction of improper waste disposal and dumping. This strategy is aimed at educating the community on the effects of illegal dumping. Illegal dumping and disposal harms watersheds, habitat and creates unhealthy and unsafe conditions for people that work, live or recreate in impacted areas. Intentional dumping and disposal are illegal and a crime. •WHO: CARP, Community Partners and stakeholders Texas Commission on Environmental Quality 24 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: Cole and Ropes Park watersheds. •GOAL: Increase awareness and education on the harm that illegal dumping and disposal causes to our environmental health and economy. A greater understanding of this is necessary so that commercial businesses and the public will begin to take pride in their environment and watersheds. Create an extensive awareness campaign to educate all ages and socioeconomic backgrounds on illegal dumping and disposal. •WHEN: Tier 1 (1-5 Years). •HOW: Establish education and outreach program targeted towards community involvement with commercial business support to identify and report instances of illegal dumping and disposal. Reference "General Awareness" and "Keep It Clean" strategies. Encourage applicable stakeholders to attend training workshops provided by the Texas Illegal Dumping Resource Center (TIDRC) on illegal dumping regulations and how to address these issues. The training is provided through grants from TCEQ to the CBCOG. •COSTS/SOURCE OF FUNDS: Various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 9. MM 1.4. Prevent Intentional Dumping and Disposal. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Sponsor TIDRC workshop in Corpus Christi x x x Hunting and fishing organization education and outreach x x x Coordination with City Solid Waste Department activities x x x Management Measure 1.5: Slow the Flow (Low Impact Development) Initiative •WHAT: Educate and promote Low Impact Development (LID) by focusing on practices that improve environmental conditions and water quality. Texas Commission on Environmental Quality 25 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHO: Various professional, non-profit, academic and government organizations, local gardening/landscaping centers and gardeners' community organizations. •WHERE: Within the City of Corpus Christi •GOAL: Provide training workshop to the design community demonstrating LID techniques and benefits; promote LID on individual properties by demonstrating the benefits through social media and educational presentations upon I -Plan adoption. Incorporate LID techniques into City projects where feasible and funding allows as demonstration projects. •WHEN: Within one year of I -Plan adoption provide training workshop; upon adoption of the I -Plan, begin promoting LID benefits through social media sites; incorporate LID techniques into presentations to adult audiences within one year of I -Plan adoption. •HOW: Using existing materials such as those provided by the Ladybird Johnson Wildflower Center promoting LID, create a half day workshop for design community. •COSTS / SOURCE OF FUNDS: Training workshop for designers and engineers approximately $2500.00, source of funds to be determined. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 10. MM 1.5. Slow the Flow (Low Impact Development) Initiative. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Provide LID workshop for local designers & engineers x Promote benefits of LID though Social Media x Incorporate LID into presentations x Texas Commission on Environmental Quality 26 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 11. Summary of Management Measure 1.0: Education and Outreach Management Measure: Education and Outreach Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) Education and Outreach 1.1.) General Awareness TBD as funding becomes available Create an introductory public education campaign about water quality in Corpus Christi Bay. Tier 1- (years 1- 5) on going Create Public Education Materials. Public Service Announcements. Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness City of Corpus Christi, local environmental groups may include CARP, community partners (CBBF, City, CBBEP, CBCOG) Produce a series of public service announcements educating the public on water quality in Corpus Christi Bay. Tier 1- (years 1- 5) on going Public Service Announcements. Count: number of classes/outreach. Develop community support system for water quality improvement at Cole and Ropes Park Tier 1- (years 1- 5) on going Public Presentation Create Public Education Materials. Public Presentations L2) Leave It Better than You Found It TBD as funding becomes available Adopt educational programs for all age groups that target anti -litter and environmental awareness. Tier 1- (years 1- 5) on going Track and measure number of citizens reached (all media). Measure hours and individual involvement in Media campaign reinforcing "Leave It Better Than You Found It'. Increase support for TGLO Adopt- A -Beach Create: Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness CARP, local environmental groups, NPO Texas Commission on Environmental Quality 27 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) Develop outreach programs to engage local businesses and residents to support and participate in the "Leave It Better than You Found If' campaign community cleanup events. Measure number of businesses supporting "Leave It Better than You Found It" campaign initiatives and increase or adjust outreach campaign goals and targets. Adopt -A -Bay, Watershed, etc. Engage local leaders to address City wide litter problems Engage local businesses to support clean initiatives and post "Leave It Better than you Found If' campaign signs. L3) Pet Waste TBD as funding Distribute Tier 1- (years 1- Continue Count number of Track public City of Corpus Disposal becomes educational 5) installation of pet waste presentations Christi with available material and pet Pet Waste stations installed and PSA's given support from waste disposal disposal stations and count and number of local animal kits to pet in Cole and number of bags attendees and businesses, local associated businesses and service providers. Ropes Park drainage basins. Develop and establish an information booth or table at community events. Complete dog waste pickup used. Survey the public for the effectiveness of public service announcements and informational booths at local events. conduct surveys on their effectiveness veterinarian clinics, pet adoption centers, and boarding facilities. CARP PSA with celebrity endorsement For PSA and informational booths track Texas Commission on Environmental Quality 28 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) and video (Tier 3). times aired or used at events 1.4) Prevent Intentional Dumping and Disposal TBD as funding becomes available Establish education and outreach programs targeted towards community involvement i.e. "General Awareness" and "Keep It Clean" strategies. Tier L Workshops will be provided annually. Coordination with the City Sold Waste Department will be conducted quarterly. Track attendance at TIDRC events. Track attendance at education and outreach events. Track number of meetings stakeholders attend with solid waste advisory boards/ committees. Sponsor TIDRC workshops in Corpus Christi on an annual basis. Sponsor hunting and fishing organization education and outreach. Coordination with City Sold Waste Department activities. Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness CARP, Community Partners, and Stakeholders Provide training and workshops provided by the Texas Illegal Dumping Resource Center (TIDRC) on illegal dumping regulations. 1.5) Slow the Flow (Low Impact Development) Initiative TBD as funding becomes available Provide training workshops to promote low impact development initiatives. Tier r. Survey participants to determine low impact development support and survey for positive feedback from social media sites. Provide low impact development workshops for local designers and engineers. Promote benefits of low impact development Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness Various professional, non-profit, academic and government organizations. Texas Commission on Environmental Quality 29 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Technical and Financial Education Component Schedule of Implementation Interim, Measurable Indicators of Progress Monitoring Component Responsible Organization(s) Reduction Assistance Milestones Needed through social media Incorporate low impact development into presentations. Texas Commission on Environmental Quality 30 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 2.0: Monitoring In order to assess progress towards reducing bacterial loading at Cole and Ropes Parks beaches, the CARP Committee will need to evaluate the results of monitoring on a regular basis. Evaluation of monitoring results will be used to identify potential changes that could improve effectiveness of the I -Plan. Monitoring and annual evaluation will determine if the I -Plan or any of its parts are complete, must address a longer time frame, or require revision. Every five years, as resources are available and with stakeholder participation, a more in- depth evaluation will be completed. Two types of monitoring are proposed: i) Bacteria baseline (pre -event) water quality monitoring 2) Stormwater event (during/post-event) rainfall and flow of water quality monitoring These monitoring measures will form the basis for potential research projects related to understanding the causes, sources, and solutions to high bacteria levels at Cole and Ropes Park beaches. Conclusions derived from post -implementation water quality monitoring data will be an important indicator of whether implementation activities are resulting in the desired reduction of bacteria loading. The results of this research will provide essential information to determine strategic modifications to management actions and control measures outlined in this plan. Management Measure 2.1: Continue Sampling Enterococcus Levels at Cole and Ropes Parks The purpose of this management measure is to identify improvements or degradation of bacteria levels at these beaches and help in meeting the TCEQ standard. Current program for sampling is the Texas Beach Watch Program that is administered by the Texas General Land Office and funded through the U.S. Environmental Protection Agency. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National Beaches Environmental Assessment, Closure, and Health (BEACH) Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. The Texas General Land Texas Commission on Environmental Quality 31 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Office secured and allocated Texas Coastal Management Program (CMP) funds for water quality monitoring at beaches in six counties along the Texas coast. The project is the Texas Beach Watch Program. •WHO: For Nueces, Aransas, and San Patricio counties, the current grant is administered by the laboratory at the Corpus Christi-Nueces Co. Public Health District. •WHERE: Samples are taken at 52 sites along the coast in San Patricio, Nueces, and Aransas counties. Four sites are located at Cole Park and two at Ropes Park. •GOAL: The goal of this water quality monitoring project is to provide the public with information about water quality at recreational beaches. •WHEN: Water samples are collected weekly during the beach season (currently May -September) and biweekly during the off-season (October -April). Samples at Cole and Ropes Parks are currently being collected on Tuesdays. •HOW: This project involves the collection and testing of water quality samples for the presence of Enterococcus bacteria and compared to EPA's recommended Single Sample Maximum Density (SSMD) criteria of 104 colony forming units (cfu)/ioo ml. If sample results exceed EPA's recommended criteria, the GLO will notify local government representatives immediately and the required signs warning of elevated bacteria levels will be posted at the affected beaches. In addition, bacteria levels for each sample are posted in real time on the Texas Beach Watch Program's public Internet site at www.TexasBeachWatch.com. •COSTS/SOURCE OF FUNDS: EPA •RESPONSIBLE ORGANIZATION(S): The local Beach Watch grant was awarded to Nueces County and operated by the Corpus Christi-Nueces Co. Public Health District. Local government representatives make the necessary beach notifications upon receipt utilizing the provided signage. •ACTIONS AND SCHEDULE: Table 12. MM 2.1. Continue sampling Enterococcus levels at Cole and Ropes Parks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Texas Beach Watch Sampling x x x Texas Commission on Environmental Quality 32 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 2.2: Collecting Rainfall Data Near Cole and Ropes Parks •WHAT: The main sources of bacteria at Cole and Ropes Parks beaches may be coming from non -point source runoff. The non -point source runoff may be (1) from stormwater flowing into the stormwater collection system and through the pipes into Corpus Christi Bay, (2) surface runoff from the land that flows directly into Corpus Christi Bay, or (3) a combination of both (TMDL, 2015). Collecting accurate rainfall data within the Cole and Ropes Parks stormwater basins and in close proximity to stormwater outfalls in Corpus Christi Bay may provide better information to determine the relationship between stormwater flows and bacteria exceedances at these beaches. •WHO: The CARP envisions a cooperative effort including the City, local universities, residents, and local research and data collections organizations (e.g. Center for Coastal Studies, Coastal Bend Bays and Estuaries Program and others to be determined). •WHERE: Three major stormwater drainage channels should be the focus for this monitoring effort: Louisiana Parkway, Brawner Parkway, and Carmel Parkway. Real-time rain gauges should be installed at residences centrally located along these drainage channels. •GOAL: To develop a long term time series of rainfall information at Cole and Ropes Parks. Data should be made available for use by researchers to correlate rainfall levels with stormwater pipe flow and Enterococcus levels to determine the effect of varying amounts of rainfall with bacteria development in the bay. There are, however, many factors that affect bacteria development and growth. •WHEN: Planning and implementation on a smaller sub -basin within the CARP drainage basin to begin in Tier 1, continuing through the life of the I -Plan. •HOW: Methods of data collection could include Doppler radar data analysis, conventional rain gauges, and weather stations. Specific implementation proposals should be developed by entities such as those listed in "WHO" section above or other as appropriate. •COSTS / SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. •RESPONSIBLE ORGANIZATION(S): None required Texas Commission on Environmental Quality 33 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 13. MM 2.2. Collecting Rainfall Data Near Cole and Ropes Parks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and implementation in smaller pilot project area x Data Management and Maintenance x x x Management Measure 2.3: Conduct Stormwater Outfall Flow Sampling •WHAT: The main sources of bacteria at Cole and Ropes Parks beaches may be coming from non -point source runoff. The non -point source runoff may be (1) from stormwater flowing into the stormwater collection system and through the pipes into Corpus Christi Bay, (2) surface runoff from the land that flows into Corpus Christi Bay, or (3) a combination of both (TMDL, 2015). Measuring flow within the main stormwater pipes and correlating the flows with bacteria levels in the bay might give the CARP Committee better information to help develop timely public safety notifications at these beaches. Additionally, along with rainfall data, Stormwater flow data may be useful to better understand the causes and sources of high bacteria levels at Cole and Ropes Parks, and for implementing strategies to ultimately prevent non -attainment. Data collected may also be used to help measure success of management measures and control actions proposed elsewhere in the I -Plan. •WHO: The Committee envisions a cooperative effort including the City, local universities, residents, and local research and data collection organizations (e.g. Center for Coastal Studies, Coastal Bend Bays and Estuaries Program and others to be determined). •WHERE: The CARP Committee suggests a pilot project be installed within a smaller sub -basin of the study area first, and then expanded to the Louisiana and Brawner Parkway basins. •GOAL: To collect Stormwater flow data in order to correlate stormwater pipe flow in cubic feet per second (cfs) with Enterococcus levels (cfu) to see if there are any significant relationships. Ultimately, if a correlation is found, flow in the Texas Commission on Environmental Quality 34 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay stormwater system could be used as a proxy for alerting the public when to avoid the water at Cole and Ropes Parks. •WHEN: Planning and implementation within a pilot area could start upon approval of the I -Plan and should be completed within Tier 1; evaluation of the pilot project and application of methods the larger area should begin within Tier 1 to begin implementation in Tier 2. Data collection should continue throughout the life of the I -Plan. •HOW: Methods of data collection could include in -pipe laser flow meters, Parshall Flumes, automated water flow meters, and other flow data collection technology. Specific implementation proposals should be developed by entities such as those listed in "WHO" section above or other as appropriate. The influence of flow within the stormwater system should be taken into account regardless of method of flow data collection. Detailed models of the effect of tides on water levels through Corpus Christi Bay are available (Center for Coastal Studies), and should be used in conjunction with stormwater flow data to determine non -tidal portion of flow within the system. •COSTS / SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. Some equipment for this purpose could be borrowed from the Center for Coastal Studies at no cost. •RESPONSIBLE ORGANIZATION(S): To be determined •ACTIONS AND SCHEDULE: Table 14. MM 2.3. Conduct Stormwater Outfall Flow Sampling. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and Implementation of Pilot Project x Planning for entire Cole and Ropes Parks basins x Project Implementation for entire Cole and Ropes Parks basins x x Data Management and Maintenance x x x Texas Commission on Environmental Quality 35 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 15. Summary of Management Measure 2.0: Monitoring Management Measure: Monitoring Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Monitoring 2.1) Continue Sampling Enterococcus Levels at Cole and Ropes Parks Grants administered by the laboratory at the Corpus Christi-Nueces County Public Health District. Provide the public with information about water quality at recreational beaches. Tier r (1-5 years). Number of samples collected. Continue current Texas Beach Watch Sampling Program. Continue bacterial monitoring at Cole and Ropes Park EPA and TGLO 2.2) Collecting Rainfall Data Near Cole and Ropes Parks Will vary depending on data collection methods, funding sources, and responsible parties. Public Service Announcements and create public education material. Tier 1(1-5 years)- ongoing. Develop a database with rainfall and bacteria data. Planning and implementation of rainfall collection program in a small pilot project area to begin with and then expand. Data Management and Maintenance. Collect accurate rainfall data in close proximity to stormwater outfalls/ drainage areas to provide better information on the relationship between bacteria exceedances and stormwater flows. TCEQ Texas Commission on Environmental Quality 36 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 37 Peer Review Draft, Month, Day, Year Technical and Financial Interim, Management Potential Load Assistance Education Schedule of Measurable Indicators of Monitoring Responsible Measure Reduction Needed Component Implementation Milestones Progress Component Entity 2.3) Conduct TBD Use data to alert Tier r (1-5 years). Non -tidal flow Data is being Collect TBD Stormwater public when data time series collected and stormwater flow Outfall Flow bacteria levels After pilot project developed. reported (ie. data in a pilot Sampling maybe high at Cole and Ropes Park plan and implement program for entire Cole and Ropes Parks basins. weekly, monthly, quarterly) Data management and maintenance project area within Cole and Ropes Parks. Texas Commission on Environmental Quality 37 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 3.0: Research Bacteria levels at Cole and Ropes Parks (CARP) beaches are a concern for our area, as reflected in the TMDL studies this I -Plan addresses. The TMDL study provides a general description of the extent and character of bacteria exceedances in the CARP area. Alone, however, this is not a sufficient basis for determining the most cost-effective courses of action to achieve contact recreation standards at these two beaches. This will undoubtedly be a dynamic process where we continually expand our knowledge of the sources and effects of bacteria at these beaches and where various management approaches are tested and refined. This section identifies potential research topics that will be critical to this undertaking. These topics are pertinent to the entire Corpus Christi Bay area, and are intended to be implemented as resources become available. Research would be conducted using appropriate methodology and quality assurance that have been developed in consultation with TCEQ and EPA. A variety of funding sources should be pursued, with a wide spectrum of partners. It is unlikely that any one local entity will find it feasible to conduct this research alone. Given the large-scale character of the undertakings, entities should look to coordinate efforts with the various academic institutions in the area, federal and state agencies like the EPA, Texas Department of State Health Services, water and environmental research groups, and similar potential partners. A shared project, the result of an inter -local agreement or similar instrument, may allow local entities to feasibly investigate these issues. Parts of, or entire projects described below could be undertaken by graduate students or researchers at local universities and research institutions. Results of the following projects are intended to be used for evaluation of the effectiveness of current and future I - Plan management measures and control actions, as well as other measures currently being undertaken by the City and other entities to reduce bacteria loading in Corpus Christi Bay. Because the results of the following research project will be instrumental in the "adaptive -management" nature of this I -plan, all research activities should begin implementation as soon as possible in Tier 1. Results should be shared with the CARP to be integrated into I -Plan revisions at the five-year review. The applicability of this section for academic researchers' and graduate students' research projects should not be overlooked. The I -Plan's stakeholders identified six priority research topics which are listed below: Texas Commission on Environmental Quality 38 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 3.1: Evaluate Methods to Remove Bacteria with Green Infrastructure •WHAT: Green infrastructure is an approach that communities can choose to maintain healthy waters, provide multiple environmental benefits and support sustainable communities. Unlike single -purpose gray stormwater infrastructure, which uses pipes to dispose of rainwater, green infrastructure uses vegetation and soil to manage rainwater where it falls. By weaving natural processes into the built environment, green infrastructure provides not only stormwater management, but also flood mitigation, air quality management, bay debris management, and much more. A green infrastructure feasibility study should be completed for Cole and Ropes Parks to determine the impact of bacteria load reduction at these beaches. Alternatives could include large and small scale options from greenway redesign to rain gardens and rain water harvesting by residents in single family homes. •WHO: The City of Corpus Christi is the owner of the stormwater pipes, Cole and Ropes Parks, Louisiana Parkway, Brawner Parkway, and should lead the effort for initiating a green infrastructure feasibility study within these areas. An engineering firm familiar with green infrastructure planning should be hired to conduct the feasibility study. •WHERE: A feasibility study looking at implementing green infrastructure could be completed for the area surrounding Cole and Ropes Parks, including at the major outfalls contributing flows at these beaches. Upstream areas (Louisiana and Brawner Parkways) and possibly Brawner Parkway should also be included in the study, as well as any small scale modifications and other viable concepts. •GOAL: Complete a feasibility study in the Cole and Ropes Parks drainage basins to implement green infrastructure concepts to reduce bacteria loading at the beaches. Ultimately, if the study indicates a cost-effective, significant reduction in bacteria loads can be achieved through green infrastructure, then the activities may be pursued for full construction implementation at appropriate measures. •WHEN: A feasibility study could be initiated and completed in Tier 1. •HOW: Steps involved in this study could include the City of Corpus Christi working with a contractor or researcher familiar with implementing green infrastructure projects to conduct a feasibility study for Cole and Ropes Parks, with the main goal of determining whether green infrastructure could be effective at reducing bacteria loads at these beaches. The researcher should develop a list of alternatives that could be implemented with an estimated percentage of bacteria load reduction for each alternative and a cost associated with each. The Texas Commission on Environmental Quality 39 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay CARP Committee could suggest next steps to the City staff and council based on results from the feasibility study. •COSTS / SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 16. MM 3.1. Evaluate Methods to Remove Bacteria with Green Infrastructure. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Initiate Feasibility Study x Develop Recommendations x at completion of study Management Measure 3.2: Bacterial Source Tracking •WHAT: Further evaluate bacteria sources, persistence, and re -growth. To fully comprehend the extent of contributions to bacterial loading at these beaches and to focus future management actions targeting the largest sources of bacteria, studies could use bacteria source tracking as a way to identify sources within the CARP area. •WHO: Personnel will collect the samples and ship them to an approved Research and Testing Laboratory. •WHERE: Sample the six TBWP sites pre and post rain events. •GOAL: The goal of the study is to the characterize the microbiome of the bay water at the Cole and Ropes Parks locations and then compare the original samples with samples collected after rain run-off to determine the biota of the organisms and origin of the increased bacterial load. Results from this study will guide implementation of subsequent bacteria reduction efforts. •WHEN: Before a rain event and immediately post rain event. To be implemented immediately upon approval of the I -Plan pending funding availability; Tier 1. •HOW: With use of the latest technology. TBD. •COSTS / SOURCE OF FUNDS: Funding is to be determined. Texas Commission on Environmental Quality 40 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 17. MM 3.2. Bacterial Source Tracking. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Sample collection; pre -rain event x Sample collection; post -rain event x Management Measure 3.3: Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions •WHAT: Evaluation of the effectiveness of current and future public utility programs and projects in the planning area will help demonstrate the relative success of different management practices. This effort would draw from current and proposed activities undertaken by the City of Corpus Christi's Phase 1 MS4 permit. The effectiveness studies would include both structural measures and behavioral measures. Structural measures might be based on both traditional drainage engineering, such as specifications for stormwater outfalls; and sustainable infrastructure design methodologies, such as Green Infrastructure and Low Impact Development. Behavioral measures might include, scope and impact of public outreach, public reporting of illicit discharges, and other efforts aimed at changing behaviors. The data collected and the results from the comparative evaluations should be made available to all stakeholders. •WHO: Researchers and/or consultants. •WHERE: Within the watersheds of Cole Park, Ropes Park, and Brawner Parkway. •GOAL: To identify the effects of City programs on bacteria levels in the watershed: Which City programs are the most and least effective in improving water quality? •WHEN: Tier 2. •HOW: Record effectiveness of current stormwater programs and future projects being implemented by using a list of success criteria for both structural and behavioral measures. •COSTS / SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. Texas Commission on Environmental Quality 41 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 18. MM 3.3. Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Evaluate program and project effectiveness through monitoring x Management Measure 3.4: Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303(d) List Elevated bacteria levels at Cole and Ropes Parks during certain times of the year (i.e. after rainfall events, etc.) pose a health risk to recreational users. For regulatory use, a better methodology to justify the listing of these beaches on the 3o3(d) list should be considered rather than the current process of 25% of days sampled. This management measure will provide two alternative methods for analyzing data other than what is currently being implemented and should provide better justification with regards to regulatory scrutiny. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National Beaches Environmental Assessment, Closure, and Health (BEACH) Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. For regulatory purposes, (i.e. listing on the 3o3(d) list) the current sampling regime is biased towards having higher days of elevated bacteria due to the continuous return of daily sampling after bacteria levels are elevated until levels have decreased below the threshold. For public safety this is a good sampling method, but for listing beaches on the 3o3(d) list it is insufficient. There are a couple of ways to address this: i) more sampling to account for "good" days when bacteria levels are below the criteria or 2) count the series of sampling days in row as an event, rather than separate days sampled. This would depict a more accurate data set of high vs. low bacteria levels based on the current sampling methodology. •WHO: CARP •WHERE: State-wide Texas Commission on Environmental Quality 42 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: The goal is to improve and standardize listing methodology for regulatory justification in listing beaches on the 3o3(d) list. •WHEN: Tier 1 upon approval of the I -Plan. •HOW: The CARP will request a review of statistical merit to the current data analysis process of Texas Beach Watch Data for listing beaches on the 3o3(d) list. Amendments to the way the TCEQ evaluates the listing of 3o3(d) beaches based on Texas Beach Watch Data would need to be discussed and approved by both TCEQ and the U.S. Environmental Protection Agency. This change would affect the entire state of Texas and not just Cole and Ropes Parks. •COSTS / SOURCE OF FUNDS: Technical and legal assistance may be required. Funding to be determined •RESPONSIBLE ORGANIZATION(S): EPA, TCEQ, GLO, City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 19. MM 3.4. Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Change data review methodology for regulatory purposes X Management Measure 3.5: Identify the Water Flow Patterns in Corpus Christi Bay at Cole and Ropes -Parks by the Use of Dye Testing Water flow patterns within Corpus Christi Bay may have a significant effect on the bacterial sampling at Ropes and Cole Parks. Based on general knowledge of the stormwater drainage system, including the pipe size and drainage areas, it seems that the Brawner and Louisiana Parkway outfalls may be the largest contributors of bacteria to Corpus Christi Bay. •WHAT: Rhodamine dyes have been used over the years in water flow and particle research. By placing probes that can detect this dye north of the Brawner drainage outfalls and adding this dye to the Brawner Parkway drainage system prior to rain events. •WHO: Texas A& M University -Corpus Christi has several departments and divisions with researchers that have equipment and expertise to conduct a water flow study using dye methods. •WHERE: Two to four areas between Brawner Parkway outfall and Ropes Park. Texas Commission on Environmental Quality 43 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: The goal is to understand the impact of the Brawner Parkway outfall discharges at Ropes Park on bacteria levels and ultimately focus resources toward the area of most influence. •WHEN: Ideally, the dye testing could be conducted during or immediately following several rain events within the study area. The data required to establish a correlation between the Brawner discharges and the sampling taken at Ropes Park should determine the spatial and temporal criteria. •HOW: Research contractors would develop a monitoring regime that should be able to discern whether the large outfalls have a direct impact on the sampling conducted at Ropes Park. Two to four probes could be placed within the study area until data could be collected from rain events. These may need to be moved at various times to provide a better picture of the water flow. •COSTS / SOURCE OF FUNDS: Since there is not an abundance of public or private funds, grant funding would be required. A project through the CBBEP or CMP could be applied for to fund the research conducted by an appropriate group from TAMUCC. Purchase and install two to four probes that can be used with Rhodamine dye (approximately $3.7K each), Collect data and move probes as needed to develop a good concept of water flow during rain events ($ioK), develop report with conclusions on impact of Brawner drainage outfall on TGLO sampling locations at Ropes Park. Total cost is estimated at $32K for the entire project. •RESPONSIBLE ORGANIZATION(S): Dependent upon the organization that conducts this study and if the grant or project funding requires approval of a QAPP or similar plan. •ACTIONS AND SCHEDULE: Table 20. MM 3.5. Identify water flow patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of dye testing. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and Implementation of Dye Testing Procedure X Management Measure 3.6: Change Sampling Date of Current TX Beach Watch Program to be More Protective of Public Health Elevated bacteria levels at Cole and Ropes Parks during certain times of the year (i.e. after rainfall events, etc.) pose a health risk to recreational users. The public health issue that needs to be addressed is the time of week the beaches are sampled for public health safety. Sampling of Cole and Ropes Parks needs to Texas Commission on Environmental Quality 44 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay occur closer to the weekend when the public will be using these beaches, rather than on a Tuesday as is the current sampling protocol. This will help ensure public safety. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National Beaches Environmental Assessment, Closure, and Health (BEACH) Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. The Texas Beach Watch Program currently samples Cole and Ropes Parks beaches on Tuesday, when public use of these beaches is likely the lowest. Changing the sampling of these beaches closer to the weekend (i.e. Thursday or Friday) when the public is more likely to be utilizing these areas would ensure more timely notification of elevated bacteria levels to the public. •WHO: For Cole and Ropes Parks, the Texas Beach Watch Program is administered by the laboratory at the Corpus Christi-Nueces County Public Health District (CCNCPHD). The Texas General Land Office (GLO) would need to agree to changing sampling days closer to the weekend for these beaches. •WHERE: Four sites are located at Cole Park and two at Ropes Park. •GOAL: The goal is to provide the public with better timed information about water quality at the recreational beaches of Cole and Ropes Parks. •WHEN: Water samples are collected weekly during the beach season (currently May -September) and biweekly during the off-season (October -April). Samples at Cole and Ropes Parks beaches are currently being collected on Tuesday. Change the sampling days to Thursday or Friday. •HOW: For Cole and Ropes Parks, the Texas Beach Watch Program is administered by the laboratory at the CCNCPHD. The GLO would need to agree to changing sampling days closer to the weekend for these beaches. •COSTS / SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. If collection days were changed to Thursday, then the results would be out on Friday and would reflect the levels on Thursday and may better reflect weekend values unless it rained after Thursday collection. This is important only after an accurate analysis is conducted and documented that the primary contact recreational users increase on weekends to a level for that site to remain as a primary recreational water site. Texas Commission on Environmental Quality 45 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): The local Beach Watch grant was awarded to Nueces County and operated by the Corpus Christi-Nueces Co. Public Health District. Local government representatives make the necessary beach notifications upon receipt utilizing the provided signage. •ACTIONS AND SCHEDULE: Table 21. MM 3.6. Change sampling date of current TX Beach Watch Program to be more protective of public health. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Texas Beach Watch sampling day change x Texas Commission on Environmental Quality 46 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 22. Summary of Management Measure Research Management Measure: Research Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Research 3.1) Evaluate Methods to Remove Bacteria with Green Infrastructure TBD Provide public with activities they can implement at home to reduce bacteria. Tier r (1-5 Years). After study is complete CARP will recommend green infrastructure alternatives to City. City will implement green infrastructure within the City. Initiate Feasibility Study Develop Recommendations No monitoring Modeling exercise City of Corpus Christi, CARP 3.2) Bacterial Source Tracking TBD Provide public with sources of bacteria and information on they can help reduce bacteria Tier r (1-5) Years) Utilize results to identify possible contamination sources. Identify the microbiome of bay water samples. Use identified source tracking methods to evaluate sources of bacteria TBD Texas Commission on Environmental Quality 47 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 3.3) Evaluate the Effectiveness of Stormwater Department Programs and Projects TBD Notify public of successful programs the City is implementing. Tier 1-2 (1-10 Years). Measure the effectiveness of program and project and modify management practices and projects to improve effectiveness. Evaluate program and project effectiveness through monitoring. Gather pertinent information on activities for programs that could help reduce bacteria. City of Corpus Christi, 34) Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List EPA Notify public of methods for evaluating beaches water quality. Tier 1-2 (r -to Years). Date review changed. Fewer beaches and water bodies listed for bacteria on the 303d list due to more accurate characterization of conditions of water body. Change data review methodology for regulatory purpose& Review data analyzing method for better justification for characterizing beach water quality. TCEQ, EPA, CARP 3.5) Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing TBD Show visual maps of where water flows along the beach, especially after rain events. Tier r (1-5 Years). Identify focus for future action by City if Brawner outfall can be shown to have large influence on Ropes Park sampling. Identification of water flow patterns. Implement dye testing during rain events and monitor flow. TBD Texas Commission on Environmental Quality 48 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 49 Peer Review Draft, Month, Day, Year Technical and Management Potential Load Financial Assistance Education Schedule of Interim, Measurable Indicators of Monitoring Responsible Measure Reduction Needed Component Implementation Milestones Progress Component Entity 3.6) Change Sampling TBD Already Tier 1 (1-5 Sampling days Texas Beach None City of Corpus Date of Current TX incorporated Years) changed so Watch sampling Christi, Texas Beach Watch Program to be More Protective of Public Health into the TBWP which is the TBWP website notifications are more protective on weekends. day change. Beach Watch Program and Corpus Christi Nueces County Public Health District Texas Commission on Environmental Quality 49 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 4.0: Wastewater Collection Systems Sanitary sewers can fail to function properly due to blockages, line breaks, defects that allow stormwater and groundwater to overload the system, lapses in operation and maintenance, inadequate design and construction, power failures, deferred replacement, and vandalism. The EPA has concluded that sanitary sewer overflows (SSOs) contribute to bacteria loading in almost all impaired streams, but may or may not be a primary source of loading. EPA acknowledges that SSO data is difficult to assess. In general, implementation actions consist of encouraging improvements to sanitary sewers through hydraulic modeling and completing an inflow and infiltration study; reducing the amount of fats, oils, and grease entering the system; continuing sanitary sewer line cleaning; and reporting of SSOs to the TCEQ. These reports are public information and are available from the TCEQ. Management Measure 4.1: Enhance Existing Fats, Oil & Grease (FOG) Program Fats, oil, and grease (FOG) are considered to be a leading cause of blockages in sanitary sewers, and the EPA estimates that blockages account for nearly 5o percent of all SSOs nationwide. This control action enables the City of Corpus Christi to determine the proper size and design for grease interceptors, to inspect traps regularly, and to require grease interceptors be effectively maintained by businesses. •WHAT: Almost all of the City's food service establishments (FSE) are required to have a grease interceptor and this is initially enforced by Development Services through the building permit process. Thereafter, FSEs are inspected annually by the City's Pretreatment staff. Inspections include reviewing manifests for grease interceptor cleaning frequency and analyzing Hexane Extractible Material (HEM) levels, which cannot exceed 200 mg/1. The hexane solvent methodology is used to measure total oils and grease. A Notice of Violation is sent to FSEs where exceedances are observed, with a requirement to increase the interceptor cleaning frequency. Continued exceedances may result in a requirement for a larger or more effective interceptor. In addition to notices in utility bills, residents are advised to avoid putting grease in the drains at the annual World of Water event and similar events throughout the City. The City provides fat trapper containers and bags at no charge to attendees. •WHO: City of Corpus Christi Public Utilities, Corpus Christi- Nueces County Health Department, Food Service Establishments (FSE Program). Texas Commission on Environmental Quality 50 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: All Food service establishments in the Cole and Ropes Parks contributing drainage areas. •GOAL: Reduce or eliminate SSOs resulting from blockages caused by FOG through monitoring and enforcement of the City's ordinances prohibiting grease input into the wastewater collection system •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Through continuing efforts in the City's FOG program, enhanced by increased enforcement. •COSTS / SOURCE OF FUNDS: Approximately $400,000 annually, in the range of Public Utilities operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Public Utilities Department •ACTIONS AND SCHEDULE: Table 23. MM 4.1. Enhance existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Food Service HEM Monitoring x x x Continue Food Service Grease Interceptor Maintenance Enforcement x x x Management Measure 4.2: Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) •WHAT: All Sanitary Sewer Overflows (SSOs) are reported by the City's Public Utilities Department to the TCEQ. It is City policy that all reported overflows are repaired or addressed. The intent of this control action is to continue the SSO reporting and notification by the City of Corpus Christi to TCEQ. Other interested groups could be included in the future. •WHO: The City of Corpus Christi Public Utilities Department •WHERE: The main priority area would be within the Cole and Ropes Park drainage basin and include Brawner Parkway drainage basin. •GOAL: Continue reporting of SSOs. •WHEN: Implementation beginning in Tier 1 and ongoing. Texas Commission on Environmental Quality 51 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •HOW: Continue reporting SSOs as is currently being done to date. •COSTS / SOURCE OF FUNDS: The costs associated with SSO reporting to the TCEQ by the City are included in the Public Utilities Department's annual operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 24. MM 4.2. Continue and Expand the Notification System for Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue SSO Reporting x x x Management Measure 4.3: Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi has an on-going program of cleaning and televised inspecting its wastewater collection system. This is part of the Wastewater Department's maintenance and operation plan for improved performance. Through cleaning and televising, the City can optimize repairs/rehabilitation efforts to meet TCEQ permit requirements. In addition to continuing this program, the CARP Committee recommends developing additional monitoring techniques that may be more accurate or cost effective such as smoke detection. •WHAT: Maintenance of lines is a Public Utilities Department function to assure improved performance to its 83,000 customers who depend on this service every day. •WHO: The Public Utilities Department, along with competitively bid contracts, provides the forces to maintain the City's collection system. Additional projects (e.g. such as a smoke detection pilot project) could be undertaken by research entities such as graduate students or local environmental groups. •WHERE: Annually, the Public Utilities Department assesses all areas of the City to determine need for improved maintenance and repairs. Areas needing replacement are placed on the Capital Improvements Program (CIP) plan for bid solicitation. Also, database reviews occur to resolve problematic areas in the Texas Commission on Environmental Quality 52 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay system. Pilot projects or expansion of the current program should be focused on the Cole and Ropes Parks drainage basins. •GOAL: Prevent overflows and increase system capacity. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Generally through cleaning and closed circuit televising (CCTV), smoke detection surveys, and customer complaints of affected areas, resolution of problems and improvements of the systems are accomplished. •COSTS / SOURCE OF FUNDS: Corpus Christi Public Utilities Department. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. •ACTIONS AND SCHEDULE: Table 25. MM 4.3. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Customer Response x x x Review Funding for Line Cleaning x x x Increase Funding for Smoke Testing x x x Management Measure 4.4: Implement an Ongoing Inflow and Infiltration Study The City of Corpus Christi has an on-going City — wide flow monitoring program to prioritize ranking of sub -basins based on various factors such as Rainfall Dependent Inflow/Infiltration (RDII), SSOs, and maintenance history. The monitoring program is intended to address issues which may cause a negative impact on human health and safety or the environment. The City is further developing a program to determine needed wastewater infrastructure modifications/improvements to ensure adequate collection system conveyance capacity. •WHAT: Rainfall Distribution analysis and recorded wet weather flow data, the gallons of RDII and other variables will establish the magnitude of wet weather inflow in order to prioritize sub -basins for future testing and rehabilitation. •WHO: The Public Utilities Department, along with competitively bid contract services, provides the forces to maintain the City's collection system. Texas Commission on Environmental Quality 53 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: All areas of the City to determine need for improved maintenance and repairs. •GOAL: Development of long-term Infiltration/Inflow (I/I) program to find and fix system defects. •WHEN: The I/I study is part of the CMOM (Capacity Assurance, Management, Operation and Maintenance) self -audit, following EPA guidance criteria, an ongoing SSO initiative project. It will precede and be incorporated into the hydraulic modeling project. •HOW: I/I studies will be conducted by the City. •COSTS / SOURCE OF FUNDS: Funding for the I/I studies will be provided by the City. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act; state and federal Solid Waste Acts to regulate wastewater collection, treatment, and disposal. •ACTIONS AND SCHEDULE: Table 26. MM 4.4. Implement an Ongoing Inflow and Infiltration Study. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Identify Flow Monitoring Site Locations x x x Conduct Flow Monitoring x x x Data Collection and Analysis x x x Management Measure 4.5: Conduct Hydraulic Modeling of Collection System The City of Corpus Christi has an on-going Capacity Assurance, Management, Operation and Maintenance (CMOM- a self -audit process developed and recommended for use by the EPA) program to address issues which may cause a negative impact on human health and safety or the environment and is developing a comprehensive City-wide hydraulic model of the wastewater collection system. The hydraulic model will facilitate understanding the root Texas Commission on Environmental Quality 54 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay causes of factors contributing to bacteria in the bay, aid in development of system improvements, produce informational maps/exhibits, and will recommend the system's response to future improvements. •WHAT: A hydraulic wastewater system model will equip the wastewater department with the tool for analyzing system conveyance capacities, bottlenecks, and potential overflow locations. •WHO: The Public Utilities Department, along with a competitively bid contract provide the forces to maintain the City's wastewater collection system. •WHERE: The modeling project will be broken into two phases based on the treatment plant service areas of greatest priority. Phase 1 will consist of Oso, Greenwood and Broadway WWTP (wastewater treatment plants) basins. •GOAL: The Goal is to prevent overflows and increase system capacity •WHEN: The project is to be performed in a timely manner consistent with sound professional practices. Both phases are anticipated to be complete in future years. •HOW: The hydraulic model will enable the City to assess any potential capacity constraints and to develop strategies to optimize system performance to meet TCEQ permit requirements. The professional engineering consultant, if needed, should be chosen on the basis of competency rather than low bid. •COSTS / SOURCE OF FUNDS: Funding Implementation for the City-wide hydraulic model will be through A/E (Architecture and Engineer) professional services engineering contracts in the amount of $2,000,000. Funding for this control action is to be determined but may be provided by a grant from TCEQ or EPA. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act; state and federal Solid Waste Acts to regulate wastewater collection, treatment, and disposal. •ACTIONS AND SCHEDULE: Table 27. MM 4.5. Conduct Hydraulic Modeling of Collection System. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Texas Commission on Environmental Quality 55 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Phase 1 Modeling- Oso, Greenwood, and W Broadway WTP Basins x Data Analysis, Reporting, and Recommendations x x Texas Commission on Environmental Quality 56 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 28. Summary of Management Measure: Wastewater Collection Systems Management Measure: Wastewater Collection System Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Wastewater Collection System 4.1.) Enhance Existing Fats, Oil & Grease (FOG) Program City of Corpus Christi Public Utilities operating budget Continue generator education directed to permitees and citizens. Tier 1- ongoing. Continue current program Decreased FOG associated overflows. Increased Food Service Grease Interceptor Maintenance Enforcement. Continue to monitor FSE's. Food Service HEM Monitoring. Partnership among City of Corpus Christi Public Utilities, Corpus Christi - Nueces County Health Department, Food Service Establishments (FSE Program). 4.2) Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) City of Corpus Christi Public Utilities operating budget Notification to TCEQ; this entity may choose further outreach/education activities. Tier 1- ongoing. TCEQ compliance. Continue reporting SSOs to TCEQ Monitor number of reported SSO's to TCEQ City of Corpus Christi Public Utilities Department Texas Commission on Environmental Quality 57 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 4-3) Expand Collection City of Notify public on Tier 1- ongoing Continued Reduced number of overflow Continue City of Corpus System Line Cleaning, Inspection, Repair and Rehabilitation Corpus Christi Public Utilities operating budget collection system line cleaning. customer response. Funding for line cleaning reviewed. events. monitoring and response. Christi Funding for smoke testing increased. Number of repaired broken lines. 4-4) Implement an Ongoing City of Provide data Tier 1- ongoing. Ranking of Determine flow monitoring Conduct City of Corpus Inflow and Infiltration Corpus results from I/I meter sub- site locations. flow Christi Study Christi study to the public. basins. monitoring Public Conduct flow monitoring. Utilities operating budget Preparation of sanitary sewer evaluation survey. I/I study report completed. Data collection and analysis. Analyze Flow and Infiltration Data to determined where wastewater infrastructure modifications/improvements to ensure adequate collection system conveyance capacity are needed. Texas Commission on Environmental Quality 58 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 4.5) Conduct Hydraulic City of Provide data Tier 1. Reduction Data collection and analysis. Conduct Public Utilities Modeling of Collection Corpus results from in sanitary Flow Department System Christi Public hydraulic modeling study to the public sewer overflows. TCEQ compliance. Monitoring and contractors. Utilities operating budget Collection system capacity assurance Development of prioritized system improvement programs. Ranking of sub -basins based on I/I. Texas Commission on Environmental Quality 59 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 5.0: Stormwater Drainage System Existing requirements of Municipal Separate Storm Sewer System (MS4) permits address some important elements of bacteria loading in stormwater, offering an adaptive rather than prescriptive approach to bacteria reduction. Structural Best Management Practices (BMPs), such as modifications to stormwater outfalls that may reduce bacteria through aeration, treatment by sunlight, or physical removal of contaminants, have the potential to reduce bacteria loading into waterways. However, there is limited data regarding how well such BMPs (i.e. green infrastructure) might reduce bacteria loading. Therefore, the CARP Committee has identified the evaluation of the effectiveness of green infrastructure as one of its priorities. Management Measure 5.1: Determine Effectiveness of Stormwater Retrofits* to Remove Bacteria Fecal indicator bacteria such as Enterococcus in urban stormwater originate from feces of warm blooded animals deposited in the watershed. These bacteria may be directly deposited into the receiving water or carried to the receiving water by stormwater runoff. Bacteria may persist for extended periods of time outside of a warm-blooded host in sediments, biofilms, and organic litter in stormwater facilities, pipes and media. Understanding sources of bacteria is important in selecting appropriate Best Management Practices (BMPs) targeted to these sources. Managing the source should be the first strategy implemented. A variety of guidance and techniques exist for conducting bacteria source tracking, ranging from relatively straight forward illicit discharge screening to complex microbial source tracking (MST) studies. As funding is identified and becomes available the City of Corpus Christi should perform a small scale pilot program on a public improvement project using a site- specific engineered stormwater retrofit in Cole and Ropes Park Stormwater drainage basin. (*Retrofits are defined as "stormwater treatment practices in stream corridors or upland areas to capture and treat stormwater runoff before it flows into the receiving water" (EPA 2007; www.cwp.org; www.stormwatercenter. net )) . As part of this small scale pilot program, the City should undertake a detailed survey of the stormwater collection system in one or two of the small drainage basins in the study area, including either smoke testing or televising the stormwater sewer lines, to determine whether illegal cross connections or leaking/broken private sewer laterals are contributing sewage to the stormwater collection system. Retrofits which may assist in reducing bacteria concentrations Texas Commission on Environmental Quality 60 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay in stormwater include diverting flows through constructed wetlands, exposing previously underground flows to sunlight, or diverting runoff to wet ponds. There is a need for additional research into the effectiveness of removing bacteria from stormwater runoff with retrofits to existing infrastructure in urban environments. The results of this pilot project should be used to determine if retrofits to existing infrastructure are effective in reducing Enterococcus levels in stormwater runoff. •WHAT: The purpose of this implementation activity is to determine the feasibility of reducing bacteria concentrations from urban runoff by retrofitting existing infrastructure and evaluating the level of bacteria removal. When a funding source becomes available, the City may perform a small scale pilot program on a public improvement project using a site specific engineered stormwater retrofit to determine if such retrofit is effective at reducing Enterococcus bacteria. •WHO: The City of Corpus Christi •WHERE: Cole and Ropes Parks Stormwater drainage basin. The pilot project should be developed on City -owned property. Site specific pilot project location to be determined with assistance of an engineering consulting firm. •GOAL: Determine if stormwater retrofit(s) can effectively reduce bacteria in stormwater runoff. •WHEN: Tier 1. •HOW: The City of Corpus Christi should hire an engineer experienced in designing stormwater retrofits for pollutant reduction. The City or the City's designee will monitor the bacteria levels at the inflow and outflow of the retrofit and report findings to the CARP committee. •COSTS / SOURCE OF FUNDS: Estimated cost ($75,000). Source of funding to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 29. MM 5.1. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Conduct Pilot Project x Develop Recommendations for Further Stormwater Retrofits x at completion of pilot study x Texas Commission on Environmental Quality 61 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 5.2: Continue the Major Outfall Assessment and Repair Program as Funding Allows There are eight major stormwater outfalls and more than 8o other outfalls that allow stormwater runoff to flow into Corpus Christi Bay. In 2003, 13.5 miles of these outfall structures were inspected and improvements and repairs were made to four outfalls. •WHAT: Continue the ongoing Major Outfall Assessment and Repair program instituted by the City of Corpus Christi, as funding allows. •WHO: The City of Corpus Christi •WHERE: First priority should be outfalls in Cole and Ropes parks. •GOAL: To continue the ongoing maintenance and repair, as needed, of stormwater outfalls which may influence segments of Corpus Christi Bay at Cole and Ropes Parks. Verifying the integrity and function of such outfall structures will ensure the carrying capacity of the system is protected, while minimizing sediment deposition due to physical defects and system failures. As funding and technological advances become available, the City should evaluate the feasibility of retrofitting structurally unsound outfalls to incorporate water quality improvements. •WHEN: As voters and City Council approve funding for the program. •HOW: Continue existing Capital Improvement Program to assess the condition of major outfalls. Condition assessments should rank and prioritize outfall repairs or replacements needed. When major repairs or replacement are warranted, the project should be evaluated to determine the feasibility of retrofits for water quality improvements. The engineer should develop a list of alternatives that could be implemented to project water quality improvements. •COSTS / SOURCE OF FUNDS: To be determined by infrastructure condition monitoring, source of funding for retrofits to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. Texas Commission on Environmental Quality 62 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 30. MM 5.2. Continue the Major Outfall Assessment and Repair Program as Funding Allows. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Assess Outfalls Within CARP Area x Develop Repair/Retrofit Recommendations X Management Measure 5.3: Support and Encourage the Adoption of Stormwater Master Plan The City is proceeding with adoption of a stormwater master plan. In April 2013, the Level of Service for the Stormwater Master Plan was presented and approved by Corpus Christi City Council. The Level of Service, which is the first step in adopting the Stormwater Master Plan and is a Council level policy approval item, allows City Departments the ability to proceed with developing design standards and updating maps. The approved Level of Service and the Stormwater Master Plan are predicates to amending existing development and construction codes to reflect adopted changes. The City will be re-engaging with a design consultant to assess the impact of the revised level of service and feasibility of incorporating stormwater quality criteria in the master plan. •WHAT: Encourage City leadership and staff to adopt the Stormwater Master Plan, develop design standards and modify City Code of Ordinances as needed. •WHO: The City of Corpus Christi's Development Services, Capital Programs and Public Utilities Departments. •WHERE: Within the corporate boundaries of the City of Corpus Christi •GOAL: Adoption of a Stormwater Master Plan that incorporates water quality protection incentives. •WHEN: Tier 1. Within 5 years of the approval of this I -plan and securing funding for this activity. •HOW: With the engagement of community groups and support of interested stakeholders to be involved in Plan CC and other long-term City planning efforts. •COSTS / SOURCE OF FUNDS: TBD •RESPONSIBLE ORGANIZATION(S): CARP, CBBF, CBBEP, and other similar interested organizations. •ACTIONS AND SCHEDULE: Texas Commission on Environmental Quality 63 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 31. MM 5.3. Support and Encourage the Adoption of Stormwater Master Plan. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Support and Encourage Stakeholder Activity Leading to the Adoption of the Stormwater Master Plan x x x Hold Community -wide Workshop for Developing Stormwater Master Plan Support x x x Create a Stakeholder Master Plan Support Team x Texas Commission on Environmental Quality 64 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 32. Summary of Management Measure: Stormwater Drainage System] Management Measure: Stormwater Drainage System Management Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Im plementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Stormwater Drainage System 5.1) Determine Effectiveness of Stormwater Retrofits to Remove Bacteria TBD Educate public on Stormwater Retrofits Tier 1 CARP will develop recommendations based on the data collected in the pilot study. Effective bacteria removal. Initiate a pilot study for outfall assessments. Assess retrofits annually to determine if repairs are needed City of Corpus Christi 5.2) Continue the Major OutfallAssessment and Repair Program as Funding Allows TBD Notify public about the repair program and provide results from the assessment Tier 1 Assessments completed. Outfall assessment program. Engineer recommends alternatives to City Continue the assessment program as funding permits to other basins affecting the CARP area. City of Corpus Christi 5.3) Encourage the Adoption of Stormwater Master Plan City of Corpus Christi Make the Stormwater Master Plan available to public once adopted Tier 1 Adoption of a Stormwater Master Plan Evaluate the effectiveness from a water quality and cost perspective Improved Stormwater management within the watershed Review Stormwater Master Plan annually and determine if revisions are needed City of Corpus Christi Texas Commission on Environmental Quality 65 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.0: Ordinance and Regulation Source tracking should be the FIRST implementation activity before any other engineering solutions, etc to determine how to order/prioritize further activities. The information obtained in the pilot program described in 5.1 should be utilized to determine whether illegal cross connections or broken or leaking wastewater laterals are providing a source of bacteria within the target basins and whether management measures 6.1-6.3 are needed. Management Measure 6.1: Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program •WHAT: Residential properties have been identified as a potential source of wastewater and other wastes materials that could result in bacteria into the City's MS4. Old, leaking, broken, or improperly installed or maintained private wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4 are a primary concern. Establish a targeted inspection program for private sewer lines, within the drainage basins contributing flows to the TMDL program area, to test private sewer lines to make sure they do not have any leaks or breaks, and require by law the repair of substandard private sewer lines, also known as private laterals. Lateral failures are often latent defects, not seen, until raw sewage reaches premises surfaces or floods the interior of a home. Sellers can mask such problems or fail to disclose. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Within 10 years, reduce or eliminate all leaking or broken private sewer lines within the drainage basins that discharge within the TMDL. •WHEN: Develop, adopt and implement a targeted private sewer line inspection program within five years of adoption of the I -Plan. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, identify sections that need to be amended to further the stated goal and prepare and present for adoption the ordinances necessary to amend the codes during the next technical construction codes update process. • HOW: see a.) and b.) below Texas Commission on Environmental Quality 66 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay a. Leaking Private Sewer Line Inspection Program using Hydrostatic or Televised Testing. Pilot Project. Utilizing the information obtained in the pilot program described in 5.1, determine whether broken or leaking private wastewater lateral systems are providing a source of bacteria by infiltration into stormwater collection systems in the target basins. Establish an enhanced, targeted inspection program for private sewer lines, within the drainage basins contributing flows to the TMDL program area, to test private sewer lines to make sure they do not have any leaks or broken sewer lines, and mandate repair of substandard private sewer lines, also known as private laterals. (Note: Inspection program could be conducted by licensed plumbers or other certified entities. This is an appropriate requirement prior to a change of house ownership, to enable a new owner to be aware of an actual problem and not be misled into an expensive surprise to correct failed plumbing. Often, plumbing problems are ignored after a purchase because the new owner has no budget to fund expensive corrections. The current system allows "latent" defects to be passed on to a new owner. There is no leverage or requirement for plumbing inspections.) b. Code Updates. Update City's Building and Housing Standards Code, especially, as they relate to the issue of leaking / broken underground sewer lines. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. (Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of inspections, identification of needed repairs, and needed lateral replacements, at rates designed to cover the total costs to the City to administer the program. The City could also explore funding/tax abatement/incentives programs to assist the City with program cost overruns as well as seek grants to cover costs of inspections, needed repairs, and lateral replacements, especially for low income property owners. Private inspections of residential lateral lines, accompanying a sale, can likely be accomplished for under $ioo.00 to the parties involved, or for free if additional plumbing work is scheduled by a seller or buyer. The City would need to establish a disclosure filing fee to record inspection results associated with a sale. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. Texas Commission on Environmental Quality 67 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 33. MM 6.1. Residential Leaking / broken Private Sewer Laterals Pre -Sale Inspection/Testing Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Prepare and Present to Council Ordinances Necessary to Establish Targeted Inspection Program Within CARP Area x at completion of 5.1 x Prepare and Present to Council Ordinances Necessary to Update City's Technical Construction Codes to Address Illegal Cross- connections x at completion of 5.1 x Management Measure 6.2: Commercial Cross -Connection Inspection Program •WHAT: Commercial properties (including multi -family rental property, large condominiums, retail establishments, and industrial properties) may be identified as potential sources of wastewater and other waste materials that could result in introduction of bacteria into the City's MS4. The primary concerns involve illegal cross - connections between the private stormwater and wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce or eliminate all illegal cross -connections within the drainage basins that discharge within the TMDL within 10 years. •WHEN: Develop, adopt and execute an enhanced, targeted illegal cross -connection inspection program in Tier_ Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, including unpermitted work by homeowners within two years, which codes and amendments are intended for adoption during the next technical construction codes update process. •HOW: see a.) and b.) below a. Illegal Cross -connections Pilot Inspection Program. Utilizing the information obtained in the pilot program described in 5.1, determine whether illegal cross connections between private wastewater systems and the stormwater collection system are providing a source of bacteria within the Cole and Ropes Parks stormwater basins. Texas Commission on Environmental Quality 68 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Expand City's current inspection programs within drainage basins, contributing flows into the TMDL program area, to locate unauthorized cross -connections on commercial properties. This may include smoke testing wastewater and stormwater lines. b. Code Updates. Update City's Technical Construction Codes, especially as they relate to the issue of cross -connections. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of inspections, identification of needed repairs, and needed lateral replacements, at rates designed to cover the total costs to the City to administer the program. The City could also explore funding/tax abatement/incentives programs to assist with program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 34. MM 6.2 Commercial Cross -connection Inspection Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Illegal Cross -connections Pilot Inspection Program x Code Updates x at completion of Pilot Project Management Measure 6.3: Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program •WHAT: Commercial properties have been identified as a potential source of wastewater and other waste materials that could result in the infiltration of bacteria into the City's MS4. The primary concerns involve old, leaking, broken, or improperly installed or maintained private wastewater lines on the property that allow wastewater to infiltrate into the MS4. Establishment of an inspection program to test private sewer lines to make sure they do not have any leaks or breaks, and mandate repair of substandard private sewer lines, also known as private laterals. (Note: Inspection program could be conducted by licensed plumbers or other certified entities.) The problem seems more prevalent in Texas Commission on Environmental Quality 69 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay areas with older clay pipe, installed in the 30's, 40's, and 50's, and with cast iron pipes, installed in 60's and 70's, all before widespread use of PVC piping. There should be an evaluation the adequacy of the City's current certificate of occupancy program to determine if necessary changes in a property's infrastructure are being correctly installed and properly maintained, especially upon a change of ownership or a change in tenants. This might necessitate the adoption of a business permit system within the City. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Within 10 years, reduce or eliminate leaking or broken private sewer lines within the drainage basins that discharge within the TMDL area. •WHEN: Propose to City Council to consider for approval and adoption a leaking and broken private sewer inspection program. Undertake and complete review of City's Technical Construction Codes, for adoption during the next technical construction codes update process. •HOW: see a.) and b.) below a. Leaking or Broken Private Sewer Lateral Pilot Inspection Program. Utilizing the information obtained in the pilot program described in 5.1, determine whether broken or leaking commercial wastewater lateral systems are providing a source of bacteria by infiltration into stormwater collection systems in the target basins. Establish an inspection program to test private sewer lines to make sure they do not have any leaks or breaks, and mandate repair of substandard private sewer lines, also known as private laterals, especially upon a change of ownership and/or a change in tenants. (Note: Inspection program could be conducted by licensed plumbers or other certified entities.) b. Certificate of Occupancy. Evaluate the adequacy of the City's current certificate of occupancy program to determine if necessary changes in a property's infrastructure are being correctly installed and properly maintained, especially upon a change of ownership and/or a change in tenants. This might necessitate the adoption of a business permit system within the City. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer at rates designed to cover the program costs of inspections, identification of Texas Commission on Environmental Quality 70 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay needed repairs, and needed lateral replacements. The City could explore funding/tax abatement/incentives programs to assist the City with program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 35. MM 6.3 Commercial Leaking / broken Sewer Laterals Pilot Inspection/Testing Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Leaking or Broken Private Sewer Lateral Pilot Inspection Program x Evaluate the adequacy of the City's current certificate of occupancy program x at completion of Pilot Project Management Measure 6.4: Improved Grease Trap Standards •WHAT: Clogged, overloaded grease and grit traps and improperly operating oil/water separators may result in contaminated runoff entering the City's MS4, encouraging the growth of bacteria with the underground stormwater sewers. There is a need to review the standards for oil, grease, and grit traps in City's current Technical Construction Codes to verify they have adopted the best available technology, and to adopt new standards for new and existing commercial properties. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Within to years, reduce or eliminate introduction of wastewater contributed by undersized or malfunctioning grease interceptors and /or oil -water separators into the MS4 from commercial properties within the drainage basins that discharge within the TMDL area. •WHEN: Undertake and complete review of City's Technical Construction Codes, intended for adoption and amendment during the next technical construction codes update process. •HOW: Review the standards for grease interceptors and /or oil -water separators in City's current Technical Construction Codes to verify they have adopted the best available technology, and adopt new standards for new and existing commercial Texas Commission on Environmental Quality 71 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay properties. Existing installations should not be grandfathered, if they fail to meet the current pre-treatment requirements, they should be afforded the opportunity to come into compliance with new requirements after a reasonable amortization period. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of inspections, to identify needed repairs, and grease trap, grit trap, and oil/water separator replacements, at rates designed to cover the total costs to the City to administer the inspection program. The City could also explore funding/tax abatement/incentives programs to assist the City with any program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 36. MM 6.4 Improved Grease Trap Standards. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue grease trap, grit trap, and oil/water separator inspection program x Undertake and complete review of City's Technical Construction Code provisions related to grease traps, grit traps, and oil/water separators. x Management Measure 6.5: Strengthen Current Animal Control Ordinances to Relating to Removal and Disposal of Pet Wastes •WHAT: Develop and present for adoption code amendments to strengthen current ordinances that require pet owners to remove and properly dispose of pet wastes, such as the "pooper scooper" requirements and the requirement to remove waste that has accumulated on the ground from animals that are harbored on the property (premises). This should also apply to free range chickens and livestock that are not related to a commercial agriculture operation. Ordinance amendments would include, at a minimum, new enforcement measures, stricter fines, and enhancements to improve enforceability. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce amount of pet wastes running off of private property and into the City's MS4. •WHEN: Adopt amendments to the animal control ordinances within two years. Texas Commission on Environmental Quality 72 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •HOW: City staff should review animal control ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City's Animal Control Board for review and recommendation, and refer to City Council for adoption. Amendments should provide for enhanced enforcement capabilities, fines or increased fines, and consider fees and other consequences for violating the law. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the violator for code enforcement costs, at rates designed to cover the total costs to the City to administer the program •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 37. MM 6.5. Strengthen current animal control ordinances to relating to removal and disposal of pet wastes. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Review animal control ordinances adopted in other communities and draft appropriate amendments to City's animal control ordinances X Management Measure 6.6: Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals •WHAT: Consider adoption of measures to control feral cats, rodents, and nuisance animals, such as possums, that property owners allow to take up residence on their property. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce amount of animal wastes running off of public and private property and into the City's MS4. •WHEN: Adopt amendments to the animal control ordinances within two years. •HOW: City staff should review animal control ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City's Animal Control Board for review and recommendation, Texas Commission on Environmental Quality 73 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay and refer to City Council for adoption. The City's police department, as well as code compliance department, ought to be engaged in animal waste control enforcement. Officers on bicycles are optimal contacts to warn the public of pet waste obligations. Police department engagement will require a policy shift. Amendments should provide for enhanced enforcement capabilities, fines or increased fines, and consider administration fees and other consequences for violating the law. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of any inspections and code enforcement costs, at rates designed to cover the total costs to the City to administer the program. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 38. MM 6.6. Implement measures to control feral cats, rodents, and nuisance animals. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Review animal control ordinances adopted in other communities, and present for adoption appropriate amendments to the Code of Ordinances x Management Measure 6.7: Install Additional Signage •WHAT: Install appropriate signage to warn the public of potential public health i-isks associated with contact recreation in bay waters when bacteria levels exceed state water quality standards for contact recreation, which normally occur during and immediately following heavy rain events. •WHO: City of Corpus Christi •WHERE: At access points in City parks and public areas, adjacent to the TMDL study area; which are used to access bay waters for contact recreation. •GOAL: Until such time as engineering solutions to the elevated bacteria levels in the bay at Cole and Ropes Parks are implemented, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have elevated bacteria levels during and immediately following heavy rain events. •WHEN: Within two years of adoption of the plan. Texas Commission on Environmental Quality 74 Peer Review Draft, Month, Day, Year Commented [HE1]: Since 6.9 was removed MM 6.7 and 6.8 needs to be beefed up Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •HOW: In the interest of the economy, install permanent signage, which may or may not be related to the Texas General Land Office Beach Watch Program, which advises public of general risk of using bay waters for contact recreation during and immediately after heavy rain events. .COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 39. MM 6.7. Install Additional Signage. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Install additional signage. x Within one year of adoption of this plan Management Measure 6.8: Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall •WHAT: Prepare and present to Council for adoption the ordinances that would devise an advisement protocol to warn the public of periodically elevated bacteria levels, as anticipated by weather forecasts for rain, as well as warnings during and immediately after rainfall, and an advisement protocol to notify the public when elevated bacteria levels are assumed to have fallen to permissible levels. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Until such time as implementation of an engineering solution to the bacterial contamination created in the "first flush" of a heavy rainfall event, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have elevated bacteria levels during and immediately following heavy rain events. Texas Commission on Environmental Quality 75 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHEN: Within one year of adoption of the plan. •HOW: By adoption of an ordinance, establish the standards for issuing general and specific public health safety advisories on the contact recreational use of subject bay waters when bacteria levels exceed contact recreation water quality standards. *COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 40. MM 6.8. Develop advisement protocol to warn the public of periodically elevated bacteria levels, as anticipated by weather forecasts for rain, as well as warnings during and immediately after rainfall. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 x Prepare ordinance within one year of adoption of Prepare and present to Council for adoption implementation ordinances setting standards for issuing plan and general and specific public health safety obtaining advisories on the contact recreational use of support of bay waters with bacterial contamination affected following major rain events. stakeholders Management Measure 6.9: Restrict access to bay waters from City parks and other bay front City properties during periods of significant public health risks •WHAT: Prepare and present to Council for adoption an ordinance that authorizes the City Manager to close or deny contact access to recreational waters from City parks and public spaces during periods when there is a risk to public health from elevated bacteria levels in the bay. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Until such time as an implemented engineering solution to the elevated bacteria levels in the bay waters adjacent to Cole and Ropes Park, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater Texas Commission on Environmental Quality 76 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay outfalls, which have excessive bacteria levels during and immediately following heavy rain events. •WHEN: Within two years of adoption of the plan. •HOW: Adopt ordinance to authorize the City Manager to close or deny access to bay waters for contact recreation from City parks and public spaces during periods when there is a significant public health risk associated with the use of the subject bay area for recreational contact when bay waters exceed state water quality standards for contact recreation, which normally occur during and immediately following heavy rain events. Closure or denial of access would be accomplished by posting appropriate signage and installing barriers on physical access points, such as steps or pathways. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 41. MM 6.9. Restrict access to bay waters from City parks and other bay front City properties during periods of significant public health risks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Adopt ordinance authorizing City Manager to x restrict access to targeted bay waters for Propose contact recreation when there is a significant ordinance public health risk. within one year of adoption of !- Plan and based on stakeholder input. Management Measure 6.10 Adopt and Enforce Additional Ordinances •WHAT: Solid waste, especially litter that contains or was associated food and beverages, that gets into the City's MS4, can contribute to the growth of bacteria within the stormwater system. While the City currently has some ordinances to address litter at food establishments, the current ordinances do not provide adequate requirement related to the number and maintenance of outdoor trash receptacles in commercial parking lots and public access areas to allow the public to properly dispose of waste that has been generated as a result of the commercial activities on the property. Responsible landlords and commercial owners, who invest in clean premises costs, are at a Texas Commission on Environmental Quality 77 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay competitive disadvantage against operators who ignore cleanliness to enjoy higher profit margins. New and amended ordinances should provide: a. More Receptacles. Increase the required number of waste receptacles on commercial properties and public areas. b. More Commercial Waste Service. Enhance a commercial owner's maintenance obligations to service waste receptacles and clear parking lots of loose debris, particularly, discarded used diapers and animal carcasses, with special attention to dead birds and discarded food that attracts birds and bird feces. c. Dumpsters. Enhanced ordinance obligations requiring contractors who provide dumpsters to keep dumpster areas free of deleterious materials and leakage. (Generally, sanitation obligations pertaining to dumpsters are not being observed. More enforcement is needed). d. Plastic. Support the current efforts to reduce plastic bag usage. e. Relief from Fugitive Waste on City Service Routes. Updated and enforceable secondary containment requirements for both automated and manual routes, which secondary requirements are already in Chapter 21, Garbage, Trash, and Other Refuse, but lack standards for required plastic and paper container bags, and which regulations are further without enforcement capability for lack of statement of offense. A proposed Ordinance format is attached hereto in Appendix . Enforcement of secondary containment puts the citizen customer where he or she ought to be, in a responsible position to assist the City in controlling fugitive wastes. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce volume of solid wastes that runoff or blow into the MS4 from commercial properties. •WHEN: Within two years of adoption of the implementation plan. •HOW: City staff should review litter and property maintenance ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City Council for adoption. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the Texas Commission on Environmental Quality 78 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay customer for costs of any inspections and code enforcement costs, at rates designed to cover the total costs to the City to administer the program. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws. •ACTIONS AND SCHEDULE: Table 42. MM 6.10. Adopt and enforce additional ordinances. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Adopt appropriate ordinances. x Throughout the life of the I -Plan Management Measure 6.11: Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment •WHAT: Review "low impact development" standards adopted by other communities that will reduce volumes of stormwater runoff from areas of new development or significant redevelopment. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce the volume of runoff generated from areas of new development or significant redevelopment. •WHEN: Target adoption of amendments to the UDC within three calendar years. •HOW: Establish a special advisory committee to study issue and make recommendations to the Planning Commission and City Council. Committee should have broad public membership, and should include developers, residential and commercial builders, consulting engineers, neighborhood homeowner association representatives, and environmental interest. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. Texas Commission on Environmental Quality 79 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 43. MM 6.11. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Establish special advisory committee x within three years Amend UDC to encourage "low impact' development. x throughout the life of the I -Plan x x Texas Commission on Environmental Quality 80 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 44. Summary of Management Measure: Ordinance and Regulation Management Measure: Ordinance and Regulation Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Ordinance and Regulation 6.1) Leaking/Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program TBD Public will be educated on sewer lateral inspection/tes ting program Tier L Complete mview of current technical onstruction codes and adopt n cess amendments during next code revision process. Take appropriate enforcement action, if property ers do not ownlies makss e neceary repairs to Private sewer lines Determine 0 of broken/leaking private sewer lines identified vs. it of broken /leaking private sewer lines corrected. prepare and present to Council ordinances necessary to establish an enhanced, targeted inspection program of • private sewer lines within the drainage basins contributing flows to the TMDL program area to test private sewer to motto uuro they do not have leaks or broken sewer lines Prepare and present to Council for adoption the ordinances that would update City's technical construction codes to address illegal cross connections Determine number of illegal cross- connections identified vs. number of illegal cross - g connections corrected City of Corpus Christi Texas Commission on Environmental Quality 81 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.2) Cross -connection TBD Educated Tier 1. Establish an Complete Determine City of Inspection Program public on Cross- connection Inspection Program enhanced, targeted inspection program within the drainage basins contributing flows to the TMDL program area to locate unauthorized cross- connections on private property, which may include smoke testing wastewater collection lines and stormwater lines. ordinance review and amendment adoption process Complete inspection of target drainage basins within 10 years Complete review of current technical construction codes and adopt any necessary amendments during the next code revision process. number of illegal cross- connections identified vs. number of illegal cross - connections corrected. Corpus Christi Update City's technical construction codes to address illegal cross- connections. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. Texas Commission on Environmental Quality 82 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.3) Leaking/ Broken Private TBD Educate Tier 1. Establish an Complete Determine City of Sewer Laterals Inspection/ Testing Program public on Sewer Lateral Inspection Program enhanced, targeted pilot inspection program of private sewer lines within the drainage basins contributing flows to the TMDL program area to test private sewer lines to make sure they do not have any leaks or broken sewer lines. Update City's technical construction codes to address illegal cross- connections. ordinance review and amendment adoption process within two years of adoption of this implementati on plan. Complete review of current technical construction codes and adopt any necessary amendments during the next code revision process. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. number of broken/ leaking private sewer lines identified vs. number of broken/ leaking private sewer lines corrected. Corpus Christi Texas Commission on Environmental Quality 83 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.4) Improved Grease Trap TBD Notify Public Tier 1. Continue and Implement Determine City of Standards of new Grease Improve inspection number of Corpus Trap Standards grease trap, grit trap, and oil/water separator inspection program. Undertake and complete review of City's Technical Construction Code provisions related to grease traps, grit traps, and oil/water separator& program within two years of adoption of the implementati on plan. Adopt any necessary changes during the next technical construction codes update process. Take appropriate enforcement action, if property owners do not replace or make necessary repairs to improperly operating grease Imps, grit traps, and oil/water separators. grease traps, grit traps, and oil/water separators that do not operate at appropriate levels vs. number of grease traps, grit traps, and oil/water separators repaired or replaced. Christi Texas Commission on Environmental Quality 84 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.5) Strengthen Current TBD Educate Tier 1. Review Complete Number of City of Animal Control Ordinances public on new animal ordinance complaints Corpus to Relating to Removal and animal control review and investigated. Christi Disposal of Pet Wastes control ordinances ordinances adopted in other communities and draft appropriate amendments to City's animal control ordinances. amendment adoption process within two years of adoption of this implementati on plan. Number of enforcement actions taken (includes issuance of warnings, notices of violation, and citations). Evaluate number of complaints investigated Texas Commission on Environmental Quality 85 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.6) Implement Measures to TBD Educate Tier 1. Review Complete Number of City of Control Feral Cats, Rodents, and Nuisance Animals public on measures they could help control feral cats, rodents, and nuisance animals. animal control ordinances adopted in other communities, and present for adoption appropriate amendments to the Code of Ordinances. Make pet waste enforcement a policy priority, or at least a function, within the ordinance review and amendment adoption process within two years of adoption of this implementati on plan. Complete policy change within one year of adoption of I - Plan. complaints investigated. Number of enforcement actions taken (includes issuance of warnings, notices of violation, and citations). Corpus Christi City's police deparhnent, not limited to code compliance department 6.7) Install Additional none TBD Educate via Tier L Install Signs are Maintain City of Signage signage additional signage. installed signage Corpus Christi Texas Commission on Environmental Quality 86 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.8) Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall TBD Public health safety advisories are issued as directed in the ordinance. Tier 1. Ordinances adopted within one year of adoption of I- Plan Prepare and present to Council for adoption ordinances setting standards for issuing general and specific public health safety advisories on the contact recreational use of bay waters with bacterial contaminatio n following major rain events. Evaluate how many public health safety advisories were issued as directed in the ordinance(s) City of Corpus Christi 6.9) Adopt and Enforce Additional Ordinances TBD Notify public of new ordinances Tier L Propose ordinances for adoption within 2 years of adoption of implementati on plan. Adopt appropriate ordinance& Evaluate the effectiveness of appropriate ordinances that have been adopted City of Corpus Christi 6.1o) Explore Adoption of Additional"Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment TBD Educate public of LID standards in unified development code. Tier L Adopt necessary ordinances within 3 years of adoption of this implementati on plan. Amend UDC to encourage "low impact" development. Evaluate the effectiveness of new developments utilizing LIDS. City of Corpus Christi Texas Commission on Environmental Quality 87 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 88 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 1.0: Wastewater Collection Systems Sanitary sewers can fail to function properly due to blockages, line breaks, defects that allow stormwater and groundwater to overload the system, lapses in operation and maintenance, inadequate design and construction, power failures, deferred replacement, and vandalism. The EPA has concluded that sanitary sewer overflows (SSOs) contribute to bacteria loading in almost all impaired streams, but may or may not be a primary source of loading. EPA acknowledges that SSO data is difficult to assess. In general, implementation actions consist of encouraging improvements to sanitary sewers through hydraulic modeling and completing an inflow and infiltration study; reducing the amount of fats, oils, and grease entering the system; continuing sanitary sewer line cleaning; and reporting of SSOs to the TCEQ. These reports are public information and are available from the TCEQ. Control Action 1.1: Continue Existing Fats, Oil & Grease (FOG) Program Fats, oil, and grease (FOG) are considered to be a leading cause of blockages in sanitary sewers, and the EPA estimates that blockages account for nearly 5o percent of all SSOs nationwide. This control action enables the City of Corpus Christi to determine the proper size and design for grease interceptors, to inspect traps regularly, and to require grease interceptors be effectively maintained by businesses. •WHAT: Almost all of the City's food service establishments (FSE) are required to have a grease interceptor and this is initially enforced by Development Services through the building permit process. Thereafter, FSEs are inspected annually by the City's Pretreatment staff. Inspections include reviewing manifests for grease interceptor cleaning frequency and analyzing Hexane Extractible Material (HEM) levels, which cannot exceed 200 mg/1. The hexane solvent methodology is used to measure total oils and grease. A Notice of Violation is sent to FSEs where exceedances are observed, with a requirement to increase the interceptor cleaning frequency. Continued exceedances may result in a requirement for a larger or more effective interceptor. In addition to notices in utility bills, residents are advised to avoid putting grease in the drains at the annual World of Water event at the Corpus Christi Museum of Science and History. The City provides fat trapper containers and bags at no charge to attendees. •WHO: City of Corpus Christi Public Utilities, Corpus Christi- Nueces County Health Department, Food Service Establishments (FSE Program). Texas Commission on Environmental Quality 89 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: All Food service establishments in the Cole and Ropes Parks contributing drainage areas. •GOAL: Reduce or eliminate SSOs resulting from blockages caused by FOG through monitoring and enforcement of the City's ordinances prohibiting grease input into the wastewater collection system •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Through continuing efforts in the City's FOG program. •COSTS / SOURCE OF FUNDS: Approximately $400,000 annually, in the range of Public Utilities operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Public Utilities Department •ACTIONS AND SCHEDULE: Table 45. CA 1.1. Continue existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Food Service HEM Monitoring x x x Food Service Grease Interceptor Maintenance Enforcement. x x x Control Action 1.2: Continue Monitoring Sanitary Sewer Overflows (SSOs) •WHAT: Sanitary Sewer Overflows are accurately reported by the City's Public Utilities Department to the TCEQ. It is City policy that all reported overflows are repaired or addressed. The intent of this control action is to continue the SSO reporting by the City of Corpus Christi. See Appendix XXX. •WHO: The City of Corpus Christi Public Utilities Department •WHERE: The main priority area would be within the Cole and Ropes Park drainage basin and include Brawner Parkway drainage basin. •GOAL: Continue reporting SSOs. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Continue reporting SSOs as is currently being done to date. Texas Commission on Environmental Quality 90 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS / SOURCE OF FUNDS: The costs associated with SSO reporting to the TCEQ by the City are included in the Public Utilities Department's annual operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 46. CA 1.2. Continue Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue SSO reporting x x x Control Action 1.3: Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi has an on-going program of cleaning and televised inspecting its wastewater collection system. This is part of the Wastewater Department's maintenance and operation plan for improved performance. Through cleaning and televising, the City can optimize repairs/rehabilitation efforts to meet TCEQ permit requirements. •WHAT: Maintenance of lines is a Public Utilities Department function to assure improved performance to its 83,000 customers who depend on this service every day. •WHO: The Public Utilities Department, along with competitively bid contracts, provides the forces to maintain the City's collection system. •WHERE: Annually, the Public Utilities Department assesses all areas of the City to determine need for improved maintenance and repairs. Areas needing replacement are placed on the Capital Improvements Program (CIP) plan for bid solicitation. Also, database reviews occur to resolve problematic areas in the system. •GOAL: Prevent overflows and increase system capacity. •WHEN: Implementation beginning in Tier 1 and continuing. Texas Commission on Environmental Quality 91 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •HOW: Generally through cleaning and closed circuit televising (CCTV), smoke detection surveys, and customer complaints of affected areas, resolution of problems and improvements of the systems are accomplished. •COSTS / SOURCE OF FUNDS: The Public Utilities Department. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. •ACTIONS AND SCHEDULE: Table 47. CA 1.3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation x x x Texas Commission on Environmental Quality 92 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 48. Summary of Control Action Wastewater Collection Systems Control Action: Wastewater Collection Systems Control Action Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Wastewater Collection Systems 1.1.) Continue Existing Fats, Oil & Grease (FOG) Program City of Corpus Christi Public Utilities operating budget Continue generator education directed to permittees and domestics. Tier 1. Continue current program Decreased FOG associated with overflows Food Service Grease Interceptor Maintenance Enforcement. Continue to monitor FSE's. Food Service HEM Monitoring. Code of Ordinances of the City of Corpus Christi Ordinances L2) Continue Monitoring Sanitary Sewer Overflows (SSOs) City of Corpus Christi Public Utilities operating budget Educate public on how they can help reduce SSOs. Tier 1- ongoing TCEQ compliance. Public notification for public health and safety Report SSOs to TCEQ Evaluate the effectiveness of and continue public notification for public health and safety. TCEQ compliance City of Corpus Christi L3) Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation City of Corpus Christi Public Utilities operating budget Educate public on collection system line clearing, inspection, repair and rehabilitation program Tier 1- ongoing Prevent overflows and increase system capacity. Reduced number of overflow events. Continue monitoring and response. City of Corpus Christi Texas Commission on Environmental Quality 93 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 2.0: Stormwater Drainage System Existing requirements of Municipal Separate Storm Sewer System (MS4) permits address some important elements of bacteria loading in stormwater, offering an adaptive rather than prescriptive approach to bacteria reduction. Structural Best Management Practices (BMPs), such as modifications to stormwater infrastructure that may reduce bacteria through aeration, treatment by sunlight, or physical removal of contaminants, have the potential to reduce bacteria loading into waterways. However, there is limited data regarding how well such BMPs (i.e. green infrastructure) might reduce bacteria loading. Therefore, the CARP Committee has identified the evaluation of the effectiveness of green infrastructure as one of its priorities. Control Action 2.1: Continue Existing Stormwater Programs The City of Corpus Christi is permitted to discharge stormwater runoff by a Texas Pollutant Discharge Elimination System (TPDES) Phase I Municipal Separate Storm Sewer (MS4) Permit. To comply with this permit, the City employs extensive stormwater pollution prevention programs, as well as land development programs, some of which address bacteria sources identified in this I -Plan. These programs shall be continued and modified as deemed appropriate by the City. Examples of current programs are provided in Appendix [XX to be determined] [This appendix will highlight permit program requirements.] •WHAT: Continuation of existing Stormwater Management Programs throughout the City will ensure the introduction of pollutants into the MS4 is minimized to the maximum extent practicable. •WHO: The City of Corpus Christi •WHERE: Cole and Ropes Parks drainage basins. •GOAL: Continue existing TPDES Permit Programs to reduce introduction of pollutants into the MS4. •WHEN: Continue the efforts of implementing TPDES Permit Programs. •HOW: Utilize adaptive management techniques to adjust and modify changes to existing programs. •COSTS / SOURCE OF FUNDS: Public Utilities Department operating budget; some programs by other City departments, included in their respective operating budgets. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, TCEQ, EPA Texas Commission on Environmental Quality 94 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 49. CA 2.1. Continue Existing Stormwater Programs. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Existing Stormwater Programs x x x Control Action 2.2: Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi employs preventive maintenance of drainage lines as stormwater best management practice to avoid or mitigate clogging of lines to ensure operational effectiveness. On a periodic basis, as well as an on-going basis, the City employs two vacuum crews to inspect and service inlets, manholes, lateral lines and main lines on a planned and emergency schedule. Each of the 18,000+ inlets in the inventory is scheduled for servicing at least once every three years; some areas, based on condition, are serviced more frequently. For example, inlets in the downtown and uptown areas are serviced on a quarterly basis. Additionally, inlets within a special events footprint, i.e., Buccaneer Days, are cleaned as soon as practical after the conclusion of the event. This inlet, manhole, and line servicing program, coupled with earthen and concrete -lined drainage channels cleaning, prevents flooding, maintains drainage system reliability, improves performance, as well as minimizes the discharge of debris and other pollutants into the receiving waters. •WHAT: Inlet cleaning, manhole, lateral line, and main line cleaning; and open - channel maintenance •WHO: The Public Utilities Department employs force account and contract to maintain the City's stormwater drainage infrastructure. •WHERE: The department routinely performs condition assessments of the drainage infrastructure. Deficiencies, noted by the condition assessments and repeated systems failures, but whose replacement/repair scope is outside Operations and Maintenance funding ability, are placed on the Capital Improvements Program (CIP) list to compete for Capital funding. •GOAL: Maintain drainage system capacity and minimize the introduction of pollutants into the drainage system •WHEN: Continuously •HOW: Through vacuum truck operations, lateral line cleaning, channel grading and debris removal Texas Commission on Environmental Quality 95 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS / SOURCE OF FUNDS: The Department currently operates two (2) vacuum trucks for cleaning inlets, manholes, lateral lines, and main lines. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 50. CA 2.2. Continue drainage system line cleaning, inspection, repair and rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue drainage system line cleaning, inspection, repair and rehabilitation x x x Texas Commission on Environmental Quality 96 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 51. Summary of Control Action: Stormwater Drainage System] Control Action: Stormwater Drainage System Control Action Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Stormwater Drainage System 2.1) Continue Existing Stormwater Programs City of Corpus Christi Public Utilities Department Educate public on the City's stormwater programs Tier 1- ongoing. City of Corpus Christi's Stormwater Programs are continued. Once programs are evaluated by TCEQ, implement recommendation(s) given by the TCEQ. Continue existing TPDES Permit Programs to reduce introduction of pollutants into the MS4. City stormwater programs are evaluated annually by TCEQ through the MS4 permitting process City of Corpus Christi 2.2) Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation City of Corpus Christi Public Utilities Department Educate public on drainage system line cleaning, inspection, repair and rehabilitation program. Tier 1- ongoing Improved flow capacity and minimize introduction of pollutants Maintain funding for line cleaning Monitor, inspect, and repair City of Corpus Christi Texas Commission on Environmental Quality 97 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 3.0: Ordinance and Regulation Source tracking should be FIRST implementation activity before any other engineering solutions, etc to determine how to order/prioritize further activities. Control Action 3.1: Eliminate Residential Cross -Connections •WHAT: Conduct a pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi -family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System, e.g., the stormwater sewer lines, drainage ditches, and street curbs and gutters). A primary concern involves illegal cross -connections between the private stormwater and wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4. If the pilot project determines there is a cross -connection problem with residential homes the project should expand to other basins. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce or eliminate all illegal cross -connections within the drainage basins that discharge within the TMDL within 10 years. •WHEN: Develop, adopt and institute a targeted inspection program for wastewater and stormwater lines in the TMDL drainage basins in Tier 1. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, identifying all code sections relating to unpermitted work by homeowners. Identify which codes are intended for adoption or amendment during the next technical construction codes update process, and prepare and present for adoption ordinances required to update the code to meet these goals. • HOW: a. Illegal Cross -connection Inspection Program. Establish an enhanced, targeted inspection program, within the drainage basins contributing flows to the TMDL program area, to locate unauthorized cross -connections on private property to include smoke testing wastewater collection lines and stormwater lines. Problem appears to occur more frequently during repairs, replacement of underground piping, and homeowner repairs, rather than new installations subject to more rigid inspections. b. Code Updates. Review the City's technical construction codes and housing standards codes, identifying all sections that pertain or relate to the issue of Texas Commission on Environmental Quality 98 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay cross -connections. Prepare and propose to Council any ordinances necessary to update the City's Technical Construction Codes and Housing Standards Code. Amendments should provide for enhanced enforcement capabilities, fines or increased fines, and consider fees and other consequences for violating the law. c. Unpermitted Work. Review and identify all codes and criteria that allow a homeowner to do work on on-site underground piping systems without a plumbing permit. Determine how best to inform homeowners about plumbing work standards for both permitted and unpermitted work. Reconsider, if deemed appropriate, conditions under which unpermitted plumbing work is allowed. •COSTS / SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees to be charged to the customer for costs of inspections to determine needed repairs, and needed lateral replacements at rates designed to cover the total costs to the City to administer the program. The City should explore funding/tax abatement/incentives programs to assist the City with program cost overruns in addition to grant funding of inspections, needed repairs, and lateral replacements, especially for low income property owners. (Funding issues concerning unpermitted homeowner work could be resolved by the fee being charged through the City's plumbing inspections process.) •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution and other federal, state and local laws, as applicable. •ACTIONS AND SCHEDULE: Table 52. CA 3.1. Eliminate Residential Cross -connections. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Conduct a pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi -family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System x Establish an Illegal Cross -connection Inspection Program x x x Code updates x x Texas Commission on Environmental Quality 99 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 53. Summary of Control Action: Ordinance and Regulation Control Action: Ordinance and Regulation Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Ordinance and Regulation 3.1) Eliminate Residential TBD Educate Tier 1. Conduct a Establish an Determine City of Corpus Cross -connections public on residential cross- connections pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi- family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4. enhanced, targeted inspection program within the CARP drainage basins. Prepare and present to Council for adoption the ordinances that would update City's technical construction codes to address illegal cross - connections and unpermitted plumbing work number of illegal cross- connections identified vs. number of illegal cross - connections corrected. Christi Establish an enhanced, targeted inspection program Illegal cross - connection inspection program established Texas Commission on Environmental Quality 100 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity within the drainage basins contributing flows to the Code updates TMDL program area to locate unauthorized cross - connections on private property, this may include smoke testing wastewater collection lines and stormwater lines in pilot or targeted areas Establish an illegal cross - connection inspection program Implement the enhanced, targeted program. Complete review of current technical Texas Commission on Environmental Quality 101 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity construction codes. Take appropriate enforcement action if property owners do not make necessary repairs to private sewer lines. Texas Commission on Environmental Quality 102 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Sustainability The TCEQ and stakeholders in TMDL implementation projects periodically assess the results of the planned activities, along with other information, to evaluate the effectiveness of the I -Plan. Stakeholders evaluate several factors, such as the pace of implementation, the effectiveness of BMPs, load reductions, and progress toward meeting water quality standards. The TCEQ will document the results of these evaluations and the rationale for maintaining or revising elements of the I -Plan. The TCEQ and stakeholders will track progress using both implementation milestones and water quality indicators. These terms are defined as: • Water Quality Indicator — A measure of water quality conditions for comparison to pre-existing conditions, constituent loadings, and water quality standards. • Implementation Milestones — A measure of administrative actions undertaken to effect an improvement in water quality. Water Quality Indicators [XX] will monitor the status of water quality during implementation. Additional funding will be sought to conduct supplemental monitoring in the watershed. The indicators that will be used to measure improvement in water quality are [XX]. Follow-up monitoring will be conducted within the watershed throughout the implementation schedule. The monitoring strategy will consider the spatial and temporal aspects necessary to characterize trends in water quality that result from implementing the activities in this plan. Follow-up monitoring through the Texas Beach Watch Program will also provide water quality data for evaluation of standards attainment. The monitoring program is expected to consist of routine sampling exercises that emphasize historical monitoring locations, with some potential modifications as needed. Water quality monitoring and data collection will occur routinely throughout the year. As stated in the TMDL report, the summer season represents the critical condition, during which time the study area has the highest levels of contact recreation. The TMDL and respective reductions are based on the critical condition. CCS, with support from the TCEQ, began a three-year monitoring regime in May 2011. The objective of this monitoring is to provide data for characterizing Enterococcus bacteria loads at the impaired beaches. The project goals require the collection of supplementary Enterococcus data in Corpus Christi Bay. Data collection specifically Texas Commission on Environmental Quality 103 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay targets beaches at Cole Park (Segment 2481CB_03), Ropes Park (Segment 2481CB_04), Emerald Beach (Segment 2481CB_07), McGee Beach (Segment 2481CB_05), Poenisch Park (Segment 2481CB_06), Corpus Christi Beach (Segment 2481CB_02), and University Beach (Segment 2481CB_08). The scope of this monitoring includes routine bacteria sampling, rain event sampling, rainfall data collection, sediment cores, and beach use surveys. The CCS is responsible for coordinating the monitoring activities of the TCEQ at these beaches. The data from these activities are included in the TCEQ's Surface Water Quality Monitoring database (SWQMIS), which houses the primary data used for the state's biennial assessment of water quality. The CCS collects as described within a Quality Assurance Project Plan within the study area. Progress related to these environmental indicators will be analyzed by CCS and the TCEQ. The TCEQ will assess Cole and Ropes Parks beaches every two years as part of updating the Integrated Report. If the Texas Surface Water Quality Standards criteria for contact recreation are revised or water quality changes at these beaches are observed, this plan will be modified. This management strategy allows stakeholders to learn and adapt the plan as progress is made. The ultimate goal is for the AUs of both Cole and Ropes Parks beaches to meet water quality standards for contact recreation. If sufficient reductions in Enterococcus are not observed, the stakeholders will reevaluate the potential sources identified in the TMDL and adapt the I -Plan as appropriate. Implementation Milestones Implementation tracking provides information that can be used to determine if progress is being made toward meeting goals of the TMDL. Tracking also allows stakeholders to evaluate actions taken, identify those which may not be working, and make any changes that may be necessary to get the plan back on target. Schedules of implementation activities and milestones for this I -Plan are included in Appendix A. Communication Strategy Communication is necessary to ensure stakeholders understand the I -Plan and its progress in restoring water quality conditions. The TCEQ will disseminate the information derived from tracking I -Plan activities to all interested parties, organizations, and individuals. The TCEQ will report results and evaluations from implementation tracking to stakeholders as needed. The TMDL Program will summarize all actions taken to address the impairment and will report trends observed in the water quality data collected to track the progress of implementation as needed. Responsible parties are committed to Texas Commission on Environmental Quality 104 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay providing appropriate information to the TCEQ to update these progress assessments and communicating information at annual meetings. In accordance with the Clean Water Act §319, the state must annually report to USEPA on success in achieving the goals and objectives of the Texas Nonpoint Source Management Program, including progress in implementing the NPS portion of TMDLs. The TCEQ and TSSWCB jointly publish Managing Nonpoint Source Water Pollution in Texas: Annual Report, which highlights the state's efforts during each fiscal year to collect data, assess water quality, implement projects that reduce or prevent NPS pollution, and educate and involve the public to improve the quality of water resources. Information derived from tracking and review activities of this I -Plan will be reported in each annual report. Previously published annual reports are available at <www.tceq.texas.gov/waterquality/nonpoint-source/mgmt-plan/annual-reports.html> . The TCEQ will host annual meetings for up to five years so stakeholders may evaluate their progress. Stakeholders and responsible parties will continue to take part in annual meetings over the five-year period to evaluate implementation efforts. At the completion of the scheduled I -Plan activities, stakeholders will assemble and evaluate the actions, overall impacts, and results of their implementation efforts. Texas Commission on Environmental Quality 105 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay References EPA 2001. Protocol for Developing Pathogen TMDLs. <www.epa.gov/owow/tmdl/ pathogen_all.pdf>. EPA 2003. Nonpoint Source Program and Grants Guidelines for States and Territories. <www.epa.gov/fedrgstr/EPA-WATER/ 2003/October/Day-23/w26755.htm> . EPA 2010. Implementing Agricultural Best Management Practices Improves Water Quality. Nonpoint Source Program Success Story. Sawyer, C.B., W.R. English, J.C. Hayes, L.W. Jolley, C.J. Post, W. C. Bridges, Jr. 2010. Bacteria in Construction Site Sediment Basins. In Proceedings of the 2010 South Carolina Water Resources Conference, October 13-14, 2010, Columbia Metropolitan Convention Center. 5 pp. Schueler„ T. D. Hirschman, M. Novotney, and J. Zielinski. 2007. Urban Stormwater Retrofit Practices. Urban Subwatershed Restoration Manual No. 3, Version 1.0. Prepared for Office of Wastewater Management, U.S. Environmental Protection Agency. 262 p. Skinner, J.F., J. Kappeler, J. Guzman. 2010. Regrowth of Enterococci & Fecal Coliform in Biofilm. http://www.stormh2o.com/SW/Articles/Regrowth of Enterococci Fecal Coliform i n Biofilm 11064.aspx TCEQ [Date]. [Name and pub info of the TMDL for this I -Plan. Etc.] TCEQ [Date]. [Name and pub info of the report that identified impairment. Etc.] TWDB [Date]. [Population Projections Data. <www.twdb.state.tx.us/wrpi/data/proj/ popproj.htm>. Accessed [XX].] Yang L., B. Lin, and R. A. Falconer. 2008. Modelling Enteric Bacteria Level in Coastal and Estuarine Waters. In Proceedings of the Institution of Civil Engineers Engineering and Computational Mechanics 161: 179-186. Texas Commission on Environmental Quality 106 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix A. I -Plan Matrix Texas Commission on Environmental Quality 107 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table A-1. CARP Watershed Monitoring and Assessment— Im plementation Schedule and Tasks Management Measure Activity Tier 1-5 years Tier 5-10 years Tier3 10-15 years 1. Education and Outreach 1.1 General Awareness Create and Utilize Public Education Materials W Create and Utilize Appropriate Public Service Announcements (PSA) Conduct Public presentations 1.2 Leave It Better Than you Found It Reinforce and Support "Leave It Better Than You Found If Media Campaign Increase support forTGLO Adopt -A -Beach. Create Adopt -A -Bay, Watershed, etc. Engage local leaders to address City wide litter problem Engage local businesses to support clean initiatives and post "Leave It Better Than You Found If campaign signs 1.3 Pet Waste Disposal Awareness Pet Waste Stations IIM Public Service Announcements (PSA) 7 Create info both for local events Distribute educational materials and kits to pet businesses and services 1.4 Intentional Dumping and Disposal Sponsor TIDRC workshop in Corpus Christi annually Hunting and fishing organization education and outreach annually Coordination with City Solid Waste Departinent quarterly Slow the Flow (Low Impact 1.5 Development) Initiative Provide LID workshop for local designers and engineers Promote benefits of LID through Social Media Incorporate LID into other outreach presentations Texas Commission on Environmental Quality 108 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier1 1-5 years Tier2 5-10 years Tier3 10-15 years 2. Monitoring 2.1 Levels Continueat SCole amplinand g Ropes EnterococcusParks Texas Beach Watch Sampling Collect Rainfall Data Near Cole and 2.2 Ropes Padcs Planning and implementation in smaller pilot project area Data management and maintenance Planning and implementation in smaller pilot project area Conduct Stormwater Outfall Flow Planning for entire Cole and Ropes Parks basin 2.3 Sam lin P 9 Project implementation for entire Cole and Ropes Parks basins Data management and maintenance 3. Research 3.1 Evaluate Methods to Remove Bacteria With Green Infrastructure Initiate feasibility study Develop recommendations at oomnlenoo of study 3.2 Bacterial Source Tracking Sample collection; pre -rain event FIRST PRIORITY Sample collection; post -rain event FIRST PRIORI, Evaluate Effectiveness of Public 3.3 Utilities Programs and Projects in Reducing Bacteria Evaluate program and project effectiveness through monitoring Texas Commission on Environmental Quality 109 Peer Review Draft, Month, Day, Year —f Inserted Cells Inserted Cells Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1 5 years Tier 2 5-10 years Tier 3 10-15 years Promote New Data Analysis Method 3.4 for Regulatory Justification for Listing Beaches on the 303(d) List Recommend change to data review methodology for regulatory purposes a Identify Water Flow Patterns in 3.5 Corpus Christi Bay at Cole and Ropes Parks by Use of Dye Testing Planning and implementation of dye testing procedure 7 li Change Sampling Date of Current TX 3.6 Beach Watch Program to be More Protective of Public Health TX Beach Watch sampling day change 4. Wastewater Collection Systems Enhance Existing Fats, Oil & Grease 4.1 (FOG) Program Food service HEM monitoring Food service grease interceptor maintenance enforcement Establish a Notification System for 4.2 Monitoring Sanitary Sewer Overflows (SSOs) for Other Interested Entities Continue SSO reporting Develop list -serve Create notification system Expand Collection System Line 4.3 Cleaning, Inspection, Repair, and Rehabilitation Customer response on-going Review funding for line cleaning through annual budget process Increase funding for smoke testing through annual budget process 44 Implement an Ongoing Inflow and Infiltration Study Determine flow monitoring site locations on-going Conduct flow monitoring on-going Perform data collection and analysis on-going Texas Commission on Environmental Quality 110 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Rank sub -basins Prepare sanitary sewer evaluation survey Complete 1/1 study report 4.5 Conduct Hydraulic Modeling of Collection System Phase 1: Oso, Greenwood, and Broadway WWTP basins: conduct flow monitoring Phase 1: Oso, Greenwood, and Broadway WWTP basins: data collection and analysis Ranking of sub -basins based on 1/1 Contract complete Development of prioritized system improvement program 5. Stormwater Drainage System Determine Effectiveness of 5.1 Stomiwater Retrofits to Remove Bacteria Pilot project Develop recommendations ac=°copied°° of study Continue Major Outfall Assessment 5.2 and Repair Program as Funding Allows Focused outfall assessment program within CARP drainage basins Develop recommendations assess ent °r 5.3 Encourage Adoption of Stormwater MasterPlan Adopt stormwater master plan 6. Ordinance and Regulation Develop Pre -Sale Inspection/ Testing 6 1 Program for Leaking/ Broken Private Sewer Laterals in Residential Properties prepare and present for adoption ordinances necessary to establish pre -sale inspection program for private sewer lines within CARP drainage basins d°ang nen=oae =euro°p�°=ess Complete review of current technical construction codes Texas Commission on Environmental Quality 111 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections Implement program Determine number of broken/ leaking private sewer lines identified vs number of broken/ leaking private sewer lines corrected dwnn- gyre tco3e revrswn process 6 2 Develop Commercial Cross - Connection Inspection Program Complete ordinance review and amendment adoption process Complete review of current technical construction codes Prepare and present for adoption ordinances necessary to establish an enhanced, targeted inspection program to locate unauthorized cross -connections for private sewer lines within CARP drainage basins which may include smoke testing wastewater collection lines and stormwater lines Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections Complete inspection of target drainage basins during next code revis n process IVnext code n Process Determine number of illegal cross -connections identified vs number of illegal cross - connections corrected Develop Commercial Leaking/ Broken 6.3 Sewer Laterals Pilot Inspection/ Testing Program Complete ordinance review and amendment adoption process Complete review of current technical construction codes Evaluate adequacy of City's current certificate of occupancy program to address property infrastructure issues, especially upon change of ownership or tenants; consider adoption of City business permit system Prepare and present for adoption ordinances necessary to establish an enhanced, targeted pilot program to inspect for leaks and broken private sewer lines within CARP drainage basins Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections wrthm 2 years of Flan adoption during next code remsron process To begin with program commencement within 2 years of Flan adoption during next code revision process Texas Commission on Environmental Quality 112 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1 5 years Tier 2 5-10 years Tier 3 10-15 years Determine number of broken/ leaking private sewer lines identified vs number of broken/ leaking private sewer lines corrected Eva1uabon w°Itake pomellace after study Is ete 4 Establish Improved Grease Trap 6.4 Standards Continue grease trap, grit trap, and oil/water separator inspection program on-going Complete review of City's technical construction code provisions related to grease traps, grit traps, and oil/water separators Prepare and present for adoption any necessary changes to the City's technical construction code provisions related to grease traps, grit traps, and oil/water separators auang �ntecn"Kai o" rucnon codes update process Determine number of grease traps, grit traps, and oil/water separators that do not operate at appropriate levels vs number of grease traps, grit traps, and oil/water separators repaired or replaced maegin wen program commencement Strengthen Current Animal Control 6.5 Ordinances Relating to Removal and Disposal of Pet Waste Review animal control ordinances adopted in other communities years of -Pian aaopno" Prepare and present for adoption appropriate amendments to Citys animal control ordinances wrtnmzyews or -Pian amptb" Evaluate number of complaints investigated, number of enforcement actions taken to begn wallco ,'nca,ne"ogran' 6.6 Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals Review animal control ordinances adopted in other communities aaopn"years or I -Pian Prepare and present for adoption appropriate amendments to Citys animal control ordinances dao Po"yearsm I -Pian Make pet waste enforcement a policy priority, or at least a function, within the City's police department, not limited to code compliance departinent wren r year or I -Pian aaopnon Evaluate number of complaints investigated, number of enforcement actions taken tom 'n mencemeog`an' 6.7 Install Additional Water Quality Warning Signage Install additional signage aaoprp"yea`or-Pia" Texas Commission on Environmental Quality 113 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Develop Advisement Protocol for 6.8 Public Health Safety Warnings for Periodically Elevated Bacteria Levels Prepare and present for adoption ordinances setting standards for issuing general and specific public health safety advisories on the contact recreational use of bay waters with bacterial contamination following major min events ta^ t year or i -Pian - iron and obtain"g support of affected stakeholders Restrict Access to Bay Waters from City Parks and Other Bay Front City 6.9 Properties During Periods of Pe c Significant Public Health Risk Prepare and present for adoption an ordinance authorizing City Manager to restrict access to "1 year of I -Pian targeted baywaters for contacts recreation when there is a significantpublic health risk :pion based on 9 9 'eh abased& 6.10 Adopt and Enforce Additional Ordinances Prepare and present for adoption ordinances related to solid waste that address: increased receptacles on commercial and public properties, more commercial waste service, dumpster maintenance and sanitation, reduced plastic bag usage, and fugitive waste on City service routes. p with. 2years of aaopton or I -Pian Explore Adoption of Additional "Low Impact Development" (LID) Standards 6.11 in Unified Development Code to Reduce Stormwater Runoff in New Development or Significant Redevelopment Review LID standards adopted by other communities."a '. grao n yer isaian Prepare and present for adoption ordinances to amend City's Unified Development Code to encourage LID. wahm a years& aaopttan of 1 -Pian Tier3 10-15 years Tier 1 1-5 years Tier2 5-10 years Control Action Activity 1. Wastewater Collection Systems Continue Existing Fats, Oil & Grease 1.1 (FOG) program Continue current Food Service Hexane Extractible Material (HEM) monitoring program on-going Continue current Food Service Grease Interceptor maintenance enforcement on-going Texas Commission on Environmental Quality 114 Peer Review Draft, Month, Day, Year Formatted Table Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Continue Monitoring Sanitary Sewer 1.2 Overflows (SSOs) Continue SSO reporting to TCEQ on-going Report SSOs to interested and affected groups Continue Collection System Line 1.3 Cleaning, Inspection, Repair, and Rehabilitation Respond to affected areas identified by cleaning, closed circuit television inspection, smoke detection surveys, and customer complaints on-going Review funding for line cleaning through annual budget process Increase funding for smoke testing through annual budget process 2. Stormwater Drainage System 2 1 Continue Existing Stonnwater Programs Continue TPDES MS4 Programs on-going Continue Drainage System Line 2.2 Cleaning, Inspection, Repair, and Rehabilitation Continue maintenance stormwater inlets, manholes, lateral lines, and main lines, as well as open -channel maintenance according to service schedule, special events, emergency response, and customer response on-going Maintain funding for line cleaning through annual budget process 3. Ordinance and Regulation ross- Eliminate Residential Cross- 3.1 Connections '' Complete ordinance review and amendment adoption process Complete review of current technical construction codes Prepare and present for adoption ordinances necessary to establish an enhanced, targeted inspection program to locate unauthorized cross -connections for private sewer lines within CARP drainage basins which may include smoke testing wastewater collection lines and stormwater lines Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections and unpermitted plumbing work dwmp next code nprocess or wrcmo2 years. i -Plan adoption Texas Commission on Environmental Quality 115 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Tier 1 Tier 2 Activity 1-5 years 5-10 years Tier 3 10-15 years Conduct a pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi -family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the Citys MS4 (Municipal Separate Stomiwater Sewer System Establish an enhanced, targeted inspection program within the drainage basins contributing flows to the TMDL program area to locate unauthorized cross -connections on private property, this may include smoke testing wastewater collection lines and stomiwater lines in pilot or targeted areas Implement targeted program within CARP basins Complete inspection of target drainage basins Determine number of illegal cross -connections identified vs number of illegal cross - connections corrected Texas Commission on Environmental Quality 116 Peer Review Draft, Month, Day, Year [Repeat Table as nccdcd to give schedule and tasks for all measures and actions.] Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 117 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix B. Load Reduction Estimates Texas Commission on Environmental Quality 118 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Load Reduction Estimates [XX Activity] [Provide estimates for each management measure with brief description of how they were determined. Cite relevant literature that sup Texas Commission on Environmental Quality 119 Peer Review Draft, Month, Day, Year TWO TOTAL MAXIMUM DAILY LOADS (TMDLs) for BACTERIA at Beaches in Corpus Christi Bay Cole and Ropes Parks' Bacteria Reduction Implementation Plan ram TCEQ COASTAL TAMU-CC s3lanis ... is CARP? A Community -led Stakeholder Group working to Restore Impaired Waters at our Beaches COLE AND ROPES PARE: WM. RPOUCTION IMPLEMENTATION COORDINATING I_O/AM Adriana Leiva Sandra Heatherley Gerald Sansing Florence Tissot Gabriel Ramirez Daniel McGinn Preeti Shrestha Leo Trevino Rae Mooney Jay Reining T.J. Carpenter mbers and Support Staff Current CARP Coordination Committee Members 12125. JAL Stakeholder Grou. Alternate #1 Alternate #2 Luz Lumb 1 CARP Chair, Surfrider Foundation 011111. CARP Co-chair Philippe Tissot Kori Ellien CC Windsurfing Association City of Corpus Christi Water Quality Recreation Home Owners Recreation City of Corpus Christi Sharon Lewis Temple Williamson Rosario Martinez James Klein Meredith Darden Craig Thompson City of Corpus Christi Environmental City of Corpus Christi Wastewater CBBEP Clean Economy Coalition Corpus Christi Convention and Visitors Bureau Naismith Engineering City of Corpus Christi City of Corpus Christi Environmental Environmental Visitors Bureau Business & Industry Kelly White Del Mar College Academia Dr. William Burgin Corpus Christi - Nueces County Health Authority Public Health Support Staff Name Title Teresa Carrillo Brien Nicolau Erin Hill Chris Loft Lauren Young TAMUCC-CCS TAMUCC-CCS TAMUCC-CCS TCEQ TCEQ Teresa.Carrillo@tamucc.edu Brien.Nicolau@tamucc.edu Erin.Hill@tamucc.edu chris.loft@tceq.texas.gov Lauren.voung@tceq.texas.gov Ashley Higson J. Chris Tweddle Annette Rodriguez Donna Rosson In Memory of Peggy Sumner CARP Chair 2012-2013 ... is the problem? • BACTERIA — Enterococcus bacteria levels exceeded TCEQ water quality standards for recreation at Cole and Ropes Parks. — Results: (1) Cole and Ropes Parks placement on 303(d) list of impaired waters, (2) development of a TMDL and (3) creation of a bacteria reduction Implementation Plan (I -Plan). p*- 11111WRHWAT-ErE A A LEVELS EXCEEED HEALTH STAN WARNING! iAVISO! CONTACTO CON ELAGUA PUEDE CAUSAB ENFERMEDADES. LOS NIVELES OE BACTEDIAS EXCEOEN LOSESTANOANES OE SALVO. BEACH WATCH '.. Photo credit: www.swf-wc.usace.army.mil Photo credit: www.labbulletin.com ... is the problem? • • 04.t., • ••••— ''',.—_,,,; ' ' 0 Ctiv,oksisar 1 ') a Dagge? island Vo log les,d0on the B5y' COLE PARK ... is the problem? ROPES PARK Louisiana Parkway Watershed Including Cole and Ropes Parks Watersheds Cole Park COLE PARK OUTFALL [Cole and Ropes Park= Watershed Co e Christi Bx Ropes Park ROPES PARK OUTFALL ROPES PARK OUTFALL Ropes Park outfall • Cole Palk Outfall Marks Coilnbuling Rasp When ...TMDL & I -Plan history • 2008: EPA using Beach Watch Program Bacteria Data, listed the entire Corpus Christi Bay on the 303(d) list. • 2010: Listed only Cole and Ropes Parks' Beaches as the ASSESSMENT UNITS • 2011: Historic Data Review & Site Assessment by Center for Coastal Studies, TAMUCC. • 2011-2012: Additional bacteria sampling conducted by Center for Coastal Studies, TAMUCC. • 2012: CARP Coordination Committee formed, Implementation Planning begins. • 2015: Technical Support Document for Two Total Maximum Daily Loads Coles and Ropes Park submitted to TCEQ. Why ...is the I -Plan important? TCEQ requires the 1 -Plan • Puts the TMDL into action. • Outlines necessary steps to reduce pollutant loads through regulatory and voluntary activities • Brings community stakeholders together to find a mutually agreed upon solution TCEQ Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Segments 248lCB o3 and 2481CB_04 Water TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ...was the I -Plan developed? 1. Work Groups Create Content • Education and Outreach • Wastewater and Stormwater Infrastructure • Monitoring and Research • Ordinance and Regulations 2. CARP Writes I -Plan • Stakeholders on the Cole and Ropes Parks' Implementation Plan Coordination Committee TCEQ Implementation Plan for TWO Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Segments 24811_03 and 2481CB_04 Want Quatla,%..tiroOtria.t. Off. of Water TEXAS COMMISSION ON ENVIRONMENTAL QUALITY STAKEHOLDER TIME INVESTMENT Total Stakeholder Hours CARP and Work Groups 2012 - 2016 2130 Public Meetings CARP Committee Meeting Work Group Meetings Implementation Strategy • 33 Management Measures (voluntary) — 14 of which the City of Corpus Christi is currently implementing (42%). — The remaining 19 to be implemented voluntarily by the City and/or Other entities. • 6 Control Actions (regulatory) — The City is currently implementing all 6 of these actions (100%). Management Measures ■ Current City Programs- Ongoing ■ Potential Programs- Municipal, Academic, NGO, Public/Private, or others Control Activities ■ Current City Programs- Ongoing Project Target Dates • August 2016 - Draft CARP I -Plan Completed • Fall 2016 - TCEQ Commissioners Review & Approve CARP I -Plan • Spring 2017 - Public Meetings for CARP I -Plan • 2017 — Implementation of Management Measures TCEQ ARP, COLE AND ROPES PARKS BACTERIA REDUCTION IMPLEMENTATION COORDINATING COMMITTEE For more information, or to become involved, contact Teresa Carrillo at the Center for Coastal Studies: http://ccs.tamucc.edu/; or 361-825-5888; or teresa.carrillo@tamucc.edu CC W 1- Z W U COASTAL TAMU-CC saianls