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Agenda Packet City Council - 08/23/2016
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,August 23, 2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States to be led by Esther Velazquez, Executive Liaison for Special Projects. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-0974 Proclamation declaring August 26, 2016, "Women's Equality Day". 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. Corpus Christi Page 1 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 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. 16-0976 City Council Workshop Session of August 16, 2016 and Regular Meeting of August 16, 2016. Attachments: Workshop Session-August 16, 2016 Minutes-August 16, 2016.pdf I. BOARD &COMMITTEE APPOINTMENTS: (NONE) 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. K. CONSENT AGENDA: (ITEMS 3 - 9) 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. 3. 16-0825 Engineering Construction contract for pavement markings Corpus Christi Page 2 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee, to execute a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas in the amount of$173,250 for Pavement Markings Indefinite Delivery/Indefinite Quantity (IDIQ) for total base bid. Attachments: Agenda Memo Pavement Markings IDIQ Project Budget Pavement Markings IDIQ Location Map Pavement Markings IDIQ Presentation Pavement Markings IDIQ Form 1295 Highway Barricades 4. 16-0902 Engineering Contract Amendment No. 3 for Nueces Bay System Salinity and Freshwater Inflow Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of$97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. Attachments: Agenda Memo-Salinity &Freshwater Inflow Monitoring.docx Prosect Budget-Salinity & Freshwater Inflow Monitoring.xls Location Map-Salinity &Freshwater Inflow Monitoring.pdf Contract-Salinity &Freshwater Monitoring Presentation -Salinity & Freshwater Inflow Monitoring.pptx 5. 16-0903 Engineering Contract Amendment No. 6 for Nueces River Quality, Oso Creek Water Level &City of Corpus Christi Meteorological Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of$121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. Attachments: Agenda Memo-Water Quality Monitoring.docx Project Budget-Water Quality Monitorinq.xls Location Map-Water Quality Monitoring.pdf Contract-Water Quality Monitoring Presentation-Water Quality Monitoring.pptx 6. 16-0893 Authorizing Collection Fee Contract for the collection of delinquent Municipal Court fees Corpus Christi Page 3 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 Motion to authorize the City Manager or designee to execute a contract for the collection of delinquent Municipal Court fees, fines and court costs with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP for a fee of 30% of amounts collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendants. This is a one-year contract and may be extended for up to three additional one-year terms. Attachments: Agenda -Collection of delinquent Munic Ct fees (1) Contract-Collection Services- Final (1) Form 1295-Linebarger Goggan Blair Sampson LLP 7. 16-0769 Second Reading Ordinance -Accepting the Texas Department of Health Services Community Preparedness Section-Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant and ratifying acceptance of the grant agreement to begin June 10, 2016 (1st Reading 8/16/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of$200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 2016. Attachments: Agenda Memo- LRN Ebola Equipment Grant Ordinance -CPS LRN Ebola Grant Contract-CPS-LRN-EBOLA CPS-LRN Ebola Equipment 2016-004163-00 8. 16-0915 Second Reading Ordinance -Approving the sale of Penn Place Park (4302 Aaron) (1st Reading 9/16/16) Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for$100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction. Attachments: Agenda Memo-Sale of Parkland -Penn Place Park Ordinance -Sale of Parkland- Penn Place Park Contract-Sale of Parkland - Penn Place Park TCC- Property Info-Penn Place - 123115 9. 16-0870 Second Reading Ordinance - Ordinance authorizing the City Manager or designee to execute a license with the River View at Corpus Christi Page 4 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 Calallen, LP located at 11930 Leopard Street (1st Reading 9/16/16) Ordinance authorizing the City Manager or designee to execute a License with River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across the Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. Attachments: Agenda Memo- River View at Calallen Ordinance - River View at Calallen -ALL Presentation - Riverview at Calallen L. EXECUTIVE SESSION: (ITEMS 10 - 11) 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. 10. 16-0981 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. 11. 16-0980 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease or sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and/or value of City-owned property at/near State Highway 286 and/or Ayers Street where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. M. PUBLIC HEARINGS: (ITEMS 12 - 17) 12. 16-0836 Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate Attachments: Agenda Memo- Public Hearing regarding FY17 Ad Valorem Tax Rate.doc 13. 16-0932 Public Hearing and First Reading Ordinance -Various Amendments to the Unified Development Code Corpus Christi Page 5 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 Ordinance amending the Unified Development Code by revising subsection 4.2.5.B "Types of Yards", table 4.6.2 "Permitted Uses (Industrial Districts)" , table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard- New Development", subsection 7.9.6 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single-Family Residence", subsection 9.5.3 "Regulations for Single-Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. Attachments: Agenda Memo- UDC Text Amendments Ordinance - UDC Text Amendments Presentation - UDC Text Amendments III 14. 16-0954 Public Hearing and First Reading Ordinance - Rezoning property located at 14101 Commodores Drive Case No. 0716-05 Oceanic B.C., LLC: A change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay. The property is described as Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay, subject to ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Case 0716-05 Oceanic B.C. Ordinance -Case 0716-05 Oceanic B.C. Presentation -Caes 0716-05 Oceanic B.C. Zoning Report-Case 0716-05 Oceanic B.C. Corpus Christi Page 6 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 15. 16-0955 Public Hearing and First Reading Ordinance - Rezoning property located at 1021 Agnes Street Case No. 0716-07 V&M Equity Properties, LLC: A change of zoning from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility. The property is described as Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street. Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "Cl" Intensive Commercial District and the "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by V&M Equity Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 10A, Block 10 Chamberlin's Subdivision, from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-V&M Equity Properties, LLC Ordinance -V&M Equity Properties.pdf Presentation -V&M Equity Properties.pptx Zoning Report-0716-07 V&M Equity Properties(Jeans's Restaurant Supply).rx 16. 16-0956 Public Hearing and First Reading Ordinance - Rezoning property located at 630 Robinson Street Case No. 0716-03 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. Planning Commission and Staff Recommendation (July 13, 2016): .Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, Corpus Christi Page 7 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 subject to seven conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Hope House, Inc..docx Ordinance - RM-1-SP- Recommended Ordinance -CG-1-SP Applicant's Request Presentation - Hope House (630 Robinson) Zoning Report-Hope House (630 Robinson).pdf 17. 16-0957 Public Hearing and First Reading Ordinance - Rezoning property located at 658 Robinson Street Case No. 0716-04 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. Planning Commission and Staff Recommendation (July 27, 2016): Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 8 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 Attachments: Agenda Memo-0716-04 Hope House, Inc..docx Ordinance RM-1-SP- PC Recommendation.pdf Ordinance CG-1-SP.pdf Presentation -0716-04- Hope House (658 Robinson).pptx Zoning Report-0716-04 Hope House (658 Robinson).pdf N. REGULAR AGENDA: (ITEMS 18 - 20) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 18. 16-0814 Resolution approving the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District Resolution approving the FY 2016-2017 budget for the Corpus Christi Crime Control and Prevention District Attachments: Agenda Memo-City council approve budget 08.16.2016 Amended FY17 budget Resolution -Approving Crime Control Budget FY16-17 Presentation -CCD FY2017 19. 16-0936 Second Reading Ordinance -Approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide (1st Reading 9/16/16) Ordinance approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide in the amount of$214,979,600. Attachments: Agenda Memo-CIP Ordinance -CIP Changes in CIP Presentation -CIP 20. 16-0966 One Reading Action Item -Awarding Collier Pool Renovations Rebid - Part B to Second Lowest Responsible Bidder Resolution rescinding the award to Cruz Maintenance & Construction, Inc. (CMCI) in the amount of$598,874.00, authorizing the City Manager, or designee, to execute a construction contract with the second lowest responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, in the amount of$632,673.00 and execute a claim against CMCI's bid bond in the amount of$33,799.00 for the Collier Pool Renovations Rebid - Part B (Restroom and Office Building) project due to failure of CMCI to comply with the terms and conditions of the Bid. (Bond 2012 Proposition 4 - Aquatic Facilities) Corpus Christi Page 9 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 Attachments: Agenda Memo-Collier Pool Package B BARCOM Resolution Rescind Award -Collier Pool Project Budget- Package B BARCOM Location Map Collier Pool Package B - BARCOM Presentation Collier Pool Package B BARCOM Barcom Construction Form 1295-Collier Pool Certified Letter 8 2 16 Deadline to Submit Certifid Letter 8-15-16 Rescind Award Response from Cruz O. FIRST READING ORDINANCES: (ITEMS 21 -23) 21. 16-0948 First Reading Ordinance -Amending the Code of Ordinances regarding the Parking Advisory Committee Ordinance amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severence and an effective date. Attachments: Agenda Memo-amend parking advisory committee 08.23.2016 Ordinance - Parking Advisory Member-2016 22. 16-0911 First Reading Ordinance -Accepting and appropriating a grant to purchase equipment for the Emerging Robotics team Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L. P. in the amount of$2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. Attachments: Agenda Memo-Grant for Emerging Robotics Team Ordinance - Grant for Emerging Robotics Team Award Letter- Grant for Emerging Robotics Team 23. 16-0949 First Reading Ordinance -Accepting and appropriating a Regional Grant for the Web Based Emergency Operations Center(WebEOC) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. Corpus Christi Page 10 Printed on 8/22/2016 City Council Meeting Agenda-Final August 23, 2016 Attachments: Agenda Memo-Grant for WebEOC Ordinance -Grant for WebEOC Award Letter-Grant for WebEOC P. FUTURE AGENDA ITEMS: (ITEMS 24 - 25) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 16-0883 Resolution in support of Residential Street Reconstruction Test Projects Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. Attachments: Agenda Memo-Test Prosect Budget-Residential Recon Test Prosect Cost Estimates.xlsx Resolution -Residential Reconstruction Test Prolect.docx Presentation - Residential Street Reconstruction Test Protects 25. 16-0961 Approving the FY2016-2017 HOME Program set-aside funds Motion to approve the FY2016-2017 HOME Program set-aside funds in the amount of$231,634 and award the funding to Calallen Apartments. Attachments: Agenda Memo- HOME FY2016-2017 Presentation -Calallen Apartments Q. BRIEFINGS: (ITEM 26) 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. 26. 16-0943 Bayshore Park Design / Build Update -August 2016 Attachments: Agenda Memo- Bayshore Park Presentation August 2016.docx Exhibit A-Bayfront Presentation - Bayshore Park Design Update August 2016 R. ADJOURNMENT Corpus Christi Page 11 Printed on 8/22/2016 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Tuesday,August 16, 2016 9:00 AM City Council Chambers BUDGET WORKSHOP Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. NO ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. 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 Rob Bailey, Southside Community Church. Pastor Rob Bailey gave the invocation. C. Pledge of Allegience to the Flag of the United States to be led by Pat Eldridge, Police Management Services Director. Police Management Services Director Pat Eldridge led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. (Note: Council Member Vaughn arrived at 9:04 a.m.; Council Member Magill arrived at 9:08 a.m.) Present 9- Mayor Nelda Martinez, Council Member Mark Scott, Council Member Carolyn Vaughn, Council Member Brian Rosas, Council Member Chad Magill, Council Member Lucy Rubio, Council Member Colleen McIntyre, Council Member Rudy Garza Jr., and Council Member Michael Hunter E. BRIEFINGS TO CITY COUNCIL: Fiscal Year 2016-2017 Budget Presentation - Remaining Internal Service Funds, Debt Service Funds, Enterprise Funds, and Special Revenue Funds Corpus Christi Page 1 Printed on 8/18/2016 City Council Workshop Session Meeting Minutes August 16, 2016 Mayor Martinez referred to Item 1. City Manager Margie C. Rose stated that the purpose of this item is to continue the presentations on the FY2016-2017 Operating Budget for the remaining Internal Service Funds, Debt Service Funds, Enterprise Funds, and Special Revenue Funds. Directors presented the following budget information for the Internal Service Fund:the mission and mission elements of the department; key services and related full-time equivalents (FTE); efficiencies; the number of employees and revenue;total expenditures; and the projected change in fund balance. Director of Fleet Maintenance Jim Davis presented the budget for Fleet Maintenance. The FY16 achieved efficiencies included: increasing the alternative fuel capacity from 10.4%to 12.7%; and transitioning from the M4 Maintenance Management System to the M5 Maintenance Management System. Discussion topics related to Fleet Maintenance included: the projected negative change in fund balance; the proposed revenue for fuel and lubricants; the vehicle pool and fleet replacement costs should be diminishing as vehicles are being replaced;whether the City self-insures its vehicles; an explanation of fuel and lubricants;the expenditures for capital outlay; anticipated trends in vehicle purchases; the increases in allocations; reflecting no change or positive change in the fund balance;the importance of increasing the use of compressed natural gas (CNG)vehicles; and an explanation on budgeting fuel and lubricants over actuals from previous years. Director of Information Technology Belinda Mercado presented the budget for the Information Technology(IT) Department. The FY16 achieved efficiencies included: re-alignment of the IT organization that included newjob titles, and job descriptions for all IT employees; implementation of an IT project review process; replacement of wireless equipment at City Hall; and establishing internal department communication processes. The FY17 planned efficiencies include: implementing a new city employee "Intranet"for improved internal communications; instituting IT project governance citywide to align IT projects; implementing a new service-oriented software system for IT work orders; and standardizing technology equipment. Interim Director of Human Resources Steven Viera presented the budget for Health Benefits. The FY16 achieved efficiencies include: changes to the Clinic Administrator which allowed them to see more patients and make better use of operational hours; implemented strategies to bring the City into compliance with the Affordable Care Act(ACA); implementation of the open enrollment management module in Infor; and expedited billing and reconciliation. The FY17 planned efficiencies include: implementing an online benefits communication process to provide employees additional means of data processing and communication with Health Benefits staff; and creating new wellness plan programs and incentives to reduce benefits costs and better control utilization. Mr.Viera responded to questions regarding the new cost projections for the police health fund. City Attorney Miles K. Risley presented the budget for Risk Management. The FY16 achieved efficiencies included: reducing the use of outside counsel; deployment of the DriveCam system in 100%of Solid Waste vehicles; and implementation of the Workers' Compensation 504 Physician Panel. The FY17 Corpus Christi Page 2 Printed on 8/18/2016 City Council Workshop Session Meeting Minutes August 16, 2016 planned efficiencies include: continuing to minimize use of outside counsel in handling lawsuits against the city; evaluate the effectiveness of the DriveCam system in reducing claims and lawsuits;evaluate the success of the 504 Physical Panel program; and evaluate the insurance program for the City and requirements for City's contractors. Director of Financial Services Constance Sanchez presented the following information on the Debt Service Fund: the mission of the Debt Service Fund; revenues;total expenditures; projected change in fund balance; outstanding general obligation debt; outstanding utility revenue debt; and a debt-per capita comparison. Assistant City Manager Mark Van Vleck provided an overview of the Enterprise Fund including: the mission of the Enterprise Fund; that Utilities, Gas, Aviation and Marina are in the Enterprise Fund; the number of Enterprise Fund employees; the Enterprise Fund revenues and expenditures; and the projected change in fund balance.Assistant City Manager Van Vleck stated that each department will present the following information: mission statement; mission elements; key services with FTEs;efficiencies; revenues and expenditures. Assistant City Manager Mark Van Vleck presented the budget for the Utilities Department, consisting of Water,Wastewater, Storm Water, and Gas. The FY16 achieved efficiencies included: improving response time for complaints; decreasing cycle times to address the repair or replacement of lines; and organizational changes to create an in-house construction crew. The FY17 efficiencies include: continuing to improve response time and implementation of the wastewater treatment management plan. Director of Gas Operations Bill Mahaffey presented the budget for the Gas Department. The FY16 achieved efficiencies included: completion of the new CNG station, increasing capacity by 300°/x; consolidation of dispatching services to include all utilities to 24-hour coverage; and consolidation of line locating services. Discussion topics regarding the Gas Department included:the percentage of underground gas pipelines that have been improved;the short-and long-term plan to address pipelines; deferred maintenance of gas pipelines; and the strategic plan to increase the percentage of replacement lines. Director of Aviation Fred Segundo presented the budget for Aviation. The FY16 achieved efficiencies and FY17 planned efficiencies are concentrated on leveraging technology and energy savings, including: retrofitting existing lighting fixtures with light emitting diode(LED)lighting; installation of automatic bathroom plumbing fixtures; software improvements; and design and installation of a Heating Ventilation and Air Conditioning (HVAC)energy management system. Marina Superintendent Peter Davidson presented the budget for the Marina. The FY16 achieved efficiencies included:the purchase of a new 25-ton travelling boat crane; replacement of boat rescue engines; and installation of 118 new efficient boat slip docks. Interim Assistant City Manager Jay Ellington provided an overview of the Special Revenue Funds including: the mission of the Special Revenue Funds; Corpus Christi Page 3 Printed on 8/18/2016 City Council Workshop Session Meeting Minutes August 16, 2016 that Special Revenue Funds include Development Services/Planning and Streets;the total number of employees; revenues and expenditures; and the projected change in the fund balance. Interim Director of Development Services Daniel McGinn presented the budget for Development Services/Planning. The FY16 achieved efficiencies included: creating more options for commercial building projects related to wind storm insurance; creating public service announcements to assist customers through the development process; updating the Building Code and significant changes to the Unified Development Code(UDC); and increasing the number of residential building permits by 15%while 10% of employees implemented a new software program. The FY17 planned efficiencies include: updating fee schedules based on a cost of service study that will be conducted in the fall; improving and implementing a tracking and reporting system in Infor; creating a Planning Division; and adopting final Federal Emergency Management Agency(FEMA) maps and higher construction standards. Discussion topics included: Development Services being one of the departments having the most positive impact in the City due to the growth of construction;the mission and mission elements; and a discussion during the Council Retreat to consider Development Services as a regulatory agency that should be funded based on performance and output versus fees. Interim Director of Streets Andy Leal presented the budget for Streets. The FY16 achieved efficiencies included: automating the pavement condition index (PCI)collection improving the accuracy and timeliness of data; and implementing new contracting methods of Indefinite Delivery/Indefinite Quantity(IDIQ)and Micro IDIQ to improve project execution and promote competitive bidding. The FY17 planned efficiencies include:exploring geo-spatial technology to achieve more effective management of Street inventory and operational performance measures; and implementing a Traffic Management Center to improve monitoring and management of traffic signals and minimize congestion and delays. Discussion topics on the Street budget included: expenditures including the street preventative maintenance program;the decrease in FY2016-2017 projected expenditures as compared to FY2015-2016 expenditures. In response to a council member, Police Chief Mike Markle stated that the redlight photo enforcement revenues were under-budgeted and will be corrected in the budget. City Manager Rose stated that the next steps in the budget process include a public hearing to be held on August 30,2016;with the first reading on September 13,2016 and the second reading on September 20,2016 to approve the budget. F. ADJOURNMENT The meeting was adjourned at 10:24 a.m. Corpus Christi Page 4 Printed on 8/18/2016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday,August 16, 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 Richard Mendiola, La Mision de Cristo. Pastor Richard Mendiola gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Peter Davidson, Marina Superintendent. Marina Superintendent Peter Davidson 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; Senior Assistant City Attorney Lisa Aguilar; City Secretary Rebecca Huerta (Note: City Attorney Miles K. Risley arrived at 12:15 p.m.) Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring September 10, 2016, "Operation K.E.Y.S. - Keeping Every Youth in School Day". Mayor Martinez presented the proclamation. Corpus Christi Page 1 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 H. MINUTES: 2. City Council Workshop Session of August 9, 2016 and Regular Meeting of August 9, 2016. Mayor Martinez deviated from the agenda and referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Scott and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: 3. Board of Adjustment Parks and Recreation Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Board of Adjustment Council Member Magill made a motion reappointing Cliff Atnip, Burris McRee, Taylor Mauck; and the two Alternate members, Shawn Karaca and Tim Voorkamp to Regular members;seconded by Council Member McIntyre and passed unanimously. Council Member Magill made a motion to appoint Ryan P.Armstrong and David Lee Walker as Alternate members,seconded by Council Member Garza and passed unanimously. Park and Recreation Advisory Committee Council Member McIntyre made a motion to reappoint Dotson Lewis,Jr. and Jerry Plemons, seconded by Council Member Magill and passed unanimously. Mayor Martinez made a motion to appoint Amy H. McCoy,seconded by Council Member Scott and passed unanimously. Council Member McIntyre made a motion to appoint Damla Eytemiz,seconded by Council Member Hunter and passed unanimously. Council Member Rosas made a motion to reinstate Carlos Valdez, Sr., seconded by Council Member Rubio and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 15) Mayor Martinez referred to the Consent Agenda. A citizen requested to speak on Item 10. 10. Second Reading Ordinance - Rezoning property located at 2002 and 2020 Ramfield Road (1st Reading 8/9/16) Corpus Christi Page 2 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 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 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. Mayor Martinez referred to Item 10,Zoning Case No. 0716-01 The Estate of Joan Wakefield Urban. Cheryl Stubblefield, 2101 Richland,spoke in opposition to the zoning change; how rezoning would affect nearby property owners; whether the special permit is transferable with the sale of the property; and the subject property not being in compliance. Ms. Stubblefield said she would like to see a Special Permit limitation of 100 animals of which no more than 90 shall be dogs. A council member asked questions regarding the current size of the facility and whether the Animal Care permit has a limit on capacity. Council Member McIntyre made a motion to table the vote on this item until later in the meeting to allow Development Services staff to talk with the applicant about lowering capacity,seconded by Council Member Scott and passed unanimously. NOTE: The following Enactment No. results from action taken on this Item later in this agenda. Enactment No: 030923 Corpus Christi Page 3 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 Approval of the Consent Agenda Mayor Martinez referred to the remaining consent agenda items. In response to a council member regarding Item 15,Assistant City Manager Mark Van Vleck stated that the crosswalks located near Fannin Elementary School were re-striped. A motion was made by Council Member Garza, seconded by Council Member Rubio, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 4. 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. This Motion was passed on the Consent Agenda. Enactment No: M2016-093 5. Construction contract and materials testing contract for O. 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. This Motion was passed on the Consent Agenda. Enactment No: M2016-094 Corpus Christi Page 4 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 6. 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. This Resolution was passed on the Consent Agenda. Enactment No: 030919 7. 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. This Resolution was passed on the Consent Agenda. Enactment No: 030920 8. 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. This Resolution was passed on the Consent Agenda. Enactment No: 030921 9. 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 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. Corpus Christi Page 5 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 This Resolution was passed on the Consent Agenda. Enactment No: 030922 11. Second Reading Ordinance - Rezoning property located at 9525 Leopard Street (1st Reading 8/9/16) 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030924 12. Second Reading Ordinance - Ratifying Acceptance of Emergency Management Performance Grant (EMPG) (1st Reading 8/9/16) 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030925 13. Second Reading Ordinance - Closing a portion of a utility easement located north of Williams Drive and west of Airline Road (1st Reading 8/9/16) Corpus Christi Page 6 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 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 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030926 14. Second Reading Ordinance -Advance Funding Agreement and contract for professional services for Padres Island Mobility and Access Management Study (1st Reading 8/9/16) 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) This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030927 15. Second Reading Ordinance -Amending City Code to improve traffic circulation for Fannin Elementary School (1st Reading 8/9/16) 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030928 Corpus Christi Page 7 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 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. Mayor Martinez deviated from the agenda and referred to comments from the public. Cheryl Martinez, 3938 Surfside Blvd.,spoke in support of the management and staff at Animal Care Services and discussed the following topics: the current categorization of animals and how changes can be made with additional funding; a grant provided to People Assisting Animal Control (PAAC)for spaying and neutering; and the Owner Surrender Program. Robert Cagle, 6322 Grandvilliers Drive, requested that the City stop spending funds on "happy projects"and focus on taking care of the basic maintenance and operations of the City. Susie Luna Saldana, 4710 Hakel, asked the City Council to consider the burden on taxpayers when discussing the Solid Waste fees and Residential Rebuild Program. Betty Lamb,2910 Leopard, Mayor's Council on Aging and the Director of the Area Agency on Aging, announced the availability of the Coastal Bend Aging and Disability Resource Directory. Rick Milby,4412 High Ridge Drive, announced a joint meeting between the Texas Senate and Texas House of Representatives, to be held on August 25,2016 at 10:00 a.m. at the Solomon Ortiz Center, regarding information on cruise lines possibly coming to the Coastal Bend area and the"Remember 9/11" Luncheon to be held on September 9,2016 at 11:30 a.m. at the Solomon Ortiz Center for first responders.John Stubblefield,2101 Richland,spoke regarding the accuracy of information on the City's website and telephone system for the Call Center. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: C. OTHER Utility crews have been working to clean up the area around La Voila Creek. This area has been prone to flooding during heavy rains events which cause the creek to overflow. The work performed has included removing brush and trash from the outfalls. The project is scheduled to be complete within the next few weeks. a. UPDATE ON WATER QUALITY Corpus Christi Page 8 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 Assistant City Manager Mark Van Vleck provided an update on water quality. The conversion back to the use of chloromines as the City's disinfectant was completed on August 8,2016. Staff is currently finalizing the update to the nitrification action plan and meeting with the Texas Commission on Environmental Quality(TCEQ)to review the proposed changes. One of the triggers in the plan will require the City to begin a free-chlorine disinfectant conversion once there are total chlorine residuals between one milligram per liter and .6 milligram per liter. Staff is monitoring the system to determine the exact number to use in the plan. This action means that conversions may be taking place more frequently and possibly within the next few months. Staff is buying the chlorine dioxide equipment and once this equipment is installed and operational, the City may go through a chlorine conversion to clean the system out before implementing the use of that disinfectant. b. WATER TASK FORCE BRIEFING Ed Martin, Chairman of the Water Task Force, provided a briefing on the committee's findings. Mr. Martin stated that the committee, comprised of himself, City Manager Margie C. Rose, and Bob Bowcock,were charged at looking at what happened during the recent water boil and what steps should be taken to prevent this issue from happening again. The findings included: rebuilding public trust; build trust with the Texas Commission on Environmental Quality(TCEQ)through open communication; move forward aggressively to correct operational reporting and testing practices; resolve leadership and staffing issues, and deliver on the promise of the needed capital improvements. M. PUBLIC HEARINGS: (ITEMS 20 - 21) 20. Public Hearing for the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District Mayor Martinez deviated from the agenda and referred to Item 20. Police Chief Mike Markle stated that the purpose of this item is to hold a public hearing on the FY2016-2017 Crime Control and Prevention District budget. Chief Markle presented the following information on the budget:the continued focus on core programs; election costs; assignment of 63 officers;total expenditures; revenues;the ending fund balance; budget reductions; and the adoption schedule. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. 21. Public Hearing and First Reading Ordinance -Approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide in the amount of$214,979,600. Mayor Martinez referred to Item 21, a public hearing on the FY2016-2017 Capital Budget and Capital Improvement Planning (CIP) Guide.Assistant City Manager Mark Van Vleck stated that the purpose of the capital improvement budget and Corpus Christi Page 9 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 planning guide is to identify, prioritize, fund and construct capital projects. It provides the scopes and schedules for projects planned over the next ten years and details specific information on projects programmed through fiscal year 2019.Assistant City Manager Van Vleck presented information on the following: a breakdown of the year-one projects;the amount of work in backlog; and FY17 proposed CIP work. Council members spoke regarding the following topics: programmed water line service life extension; Oso South Area Water Line project; instead of funding the Oso South Area Water Line, use those funds to replace the distribution of existing water lines in the City;the requirement to start construction as set out in the service plan for the recently annexed Chapman Ranch area;the future costs associated with the the recent annexation of Chapman Ranch; an executive session discussion on the Chapman Ranch annexation; the report from the Navy regarding wind farms; consideration to de-annex the Chapman Ranch area; and that a project listed in the CIP does not require expenditure of the funds and must return for City Council approval. Mayor Martinez opened the public hearing. John Stubblefield, 2101 Richland, spoke regarding the negative impact wind farms have on air traffic. Mayor Martinez closed the public hearing. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 5- Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Scott and Council Member Vaughn Nay: 4- Council Member Hunter, Council Member Magill, Council Member Rubio and Council Member Rosas Abstained: 0 N. REGULAR AGENDA: (ITEMS 22 - 24) 22. Second Reading Ordinance - Ordering General Election for Mayor and Eight Council Members - November 8, 2016 (1st Reading 8/9/16) 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. Mayor Martinez referred to Item 22. City Secretary Rebecca Huerta stated that the purpose of this item is to approve an ordinance ordering a general election to be held on November 8,2016 for the election of Mayor and eight council members. The joint election agreement is included with the item. The estimate for the general election is $150,000 and the run-off election is $200,000. City Corpus Christi Page 10 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 Secretary Huerta advised the Council that this estimate is a moving number based on costs from the previous election that were not included in the bill and Nueces County Clerk Kara Sands is reviewing those numbers which may be included in the election cost. When the actual invoices are provided in March of next year,staff will provide those invoices to City Council. City Secretary Huerta provided information on how costs will be based on the number of registered voters and costs associated with out-sourcing programming. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030929 23. Second 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 (1st Reading 8/9/16) 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. Mayor Martinez referred Item 23, an ordinance calling for a Special Election to be held on November 8,2016 for Type B, Crime Control and Prevention District and Charter Amendments. Mayor Martinez stated that, prior to discussing this item, a presentation would be made on a possible solid waste fee. Director of Solid Waste Lawrence Mikolajczyk stated that the purpose of this presentation is to present information on a proposed solid waste residential street reconstruction fee. Mr. Mikolajczyk presented the following information: the number of current solid waste customers;the fee applied to residential Corpus Christi Page 11 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 customers only; the revenue associated with the proposed fee;the components of a resident's bill; a sample collection fee; and next steps. Council members discussed the following topics regarding the presentation: the possible reduction of revenue from apartment users; the City's competitiveness on fees; the difference between City rates and commercial hauler rates;the average tax value of an apartment unit; and how a solid waste rate increase would compare to an ad valorem tax increase. City Secretary Huerta stated that the ordinance presented includes the amendment made at the August 9, 2016 Council meeting to the Type B ballot language to include the verbiage"(maintaining current levels of sales and use tax)". A council member spoke regarding Proposition 3, Residential Street Reconstruction Tax, and requested input from the City Council on this proposition. Mayor Martinez recessed the discussion on this item to hear a presentation on the Street Improvement Plan,Agenda Item 33. NOTE: The following Enactment No. results from action taken on this Item later in this agenda. Enactment No: 030930 Q. BRIEFINGS: (ITEM 33) 33. Street Improvement Plan Mayor Martinez deviated from the agenda and referred to Item 33. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to provide a brief overview of the actions taken for improvement of the City's streets. Ms. Gray presented the following information:the aging street infrastructure;the street improvement plan developed as a multi-strategy approach; and the four quadrants of the plan: policy provisions;the street preventative maintenance program; reconstruction of arterials and collectors; and local/residential reconstruction. Ms. Gray stated that staff will be bring back a request to City Council to obtain current data to finalize residental reconstruction program costs. Mayor Martinez discussed the following topics: the street preventative maintenance program;the policy considerations to adopt 30-year design standards and punitive costs; reconstruction of arterials and collectors and the amount of work still needed; identifying a revenue stream and vetting the residential reconstruction program; and traffic signalization. N. REGULAR AGENDA: (ITEMS 23 - 24) 23. Second 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 (1st Reading 8/9/16) Ordinance ordering a special election to be held on November 8, 2016, Corpus Christi Page 12 Printed on 8/19/2016 City Council Meeting Minutes August 16, 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. Mayor Martinez referred to the discussion on Items 23 and 24 related to propositions on the ballot. Mayor Martinez called for comments from the public on Item 23 and there were none. Council members spoke regarding the following topics: consideration to remove Proposition 3, Residential Street Reconstruction Tax; the need for state legislative changes for a local option gas tax or vehicle registration tax; bonding capacity; needed improvements to Everhart Road;the possible solid waste fee to address residential streets; cash flow for residential street reconstruction; Proposition 3 is a charter amendment tool to ask voters for permission to address residential streets; and consideration to remove Proposition 3 only with the commitment from the City Council to implement a solid waste fee. MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to bring back an ordinance tied to a solid waste increase of$6,with the ordinance requiring the same restrictions in the charter amendment including: no debt service;for construction, engineering, and utility costs; in a dedicated fund with a sunset time corresponding to the street preventative maintenance program,seconded by Council Member Scott. Discussion topics on the motion of direction include:the challenges associated with the charter amendment, Proposition 3; removal of Proposition 3; concern with the charge of$6 for the solid waste fee; concern with competitiveness of solid waste rates versus commercial haulers; the solid waste base fees comparison with other Texas cities; consideration for a 2016 Bond program to address residential re-build program;the need to stop looking at debt capacity as an income stream; how debt capacity impacts maintenance and operations; ad valorem tax increases affecting property owners;the commitment to$55 million every two years for arterials and collectors; the anticipated $3.4 in Type B sales tax covering the$55 million bond project for 2016; and the ability to decrease the debt rate. Council Member McIntyre amended the motion of direction to state a solid waste fee of a minimum of$4 and have staff come back with a recommendation after looking at commercial vendor rates and area Corpus Christi Page 13 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 communities. The amendment was accepted by Council Member Scott. RESTATED MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to bring back an ordinance to create a solid waste fee increase of a minimum of$4 that encompasses all of the requirements of the charter amendment such as a dedicated fund; no debt service; covering engineering fees and associated utility costs and to sunset with a timeframe the same as the street preventative maintenance program,seconded by Council Member Scott. The motion of direction failed with the following vote: Mayor Martinez, Council Members McIntyre, Scott and Garza,voting "Aye"; Council Members Hunter, Magill, Rosas, Rubio, and Vaughn, voting "No". Council Member Vaughn made a motion to remove Proposition 3 charter amendment from the ballot,seconded by Council Member McIntyre.A brief discussion ensued regarding removing Proposition 3 and not having any option for residential streets; the possibility of a 2016 Bond Residential Re-build program; and a future conversation on the solid waste fee should a bond proposal not be supported. Council Member Vaughn rescinded her motion to have the discussion on Item 24 regarding the bond proposition. NOTE: The following Enactment No. results from action taken on this Item later in this agenda. Enactment No: 030930 K. CONSENT AGENDA: (ITEM 10) 10. Second Reading Ordinance - Rezoning property located at 2002 and 2020 Ramfield Road (1st Reading 8/9/16) 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 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: Corpus Christi Page 14 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 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. Mayor Martinez deviated from the agenda and returned to Item 10, Zoning Case No. 0716 The Estate of Joan Wakefield Urban. Interim Director of Development Services Daniel McGinn stated that staff has talked with the applicant and neighbors in the area and is recommending the following change to the ordinance: Section 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 165 animals total. Mayor Martinez called for comments from the public.John Stubblefield,2101 Richland,spoke in opposition to the zoning change. Cheryl Stubblefield,2101 Richland, appreciated the recommendation on the change of uses and requested that the number of dogs on the property be lowered.Jim Urban, executor of the Estate,stated that the kennel has had a maximum of 225 animals on holiday weekends and he is willing to compromise a reduction to 165 animals. Council Member McIntyre made a motion to amend Section 2, 1. Uses, to limit to 17,000 square feet and no more than 165 animals,seconded by Council Member Magill and passed unanimously. Council Member McIntyre made a motion to approve the ordinance as amended,seconded by Council Member Magill. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030923 L. EXECUTIVE SESSION: (ITEMS 16 - 19) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Council Members Magill and Scott recused themselves from the discussion on Items 17 and 18. 16. 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. Corpus Christi Page 15 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 This E-Session Item was discussed in executive session. 17. 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 annexation, the provision of utility services, agreements related to the sale of water, and certificates of convenience and necessity in the City's extraterritorial jurisdiction and interlocal agreements with other cities and/or districts. This E-Session Item was discussed in executive session. City Secretary Huerta announced that Council Members Magill and Scott recused themselves from the discussion on this item. 18. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential economic development agreement(s) with entities that are considering the construction and/or ownership of industrial facilities, including, but not limited to, the production of ethylene glycol, petrochemicals, and/or other chemicals pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s) This E-Session Item was discussed in executive session. City Secretary Huerta announced that Council Members Magill and Scott recused themselves from the discussion on this item. 19. Executive Session pursuant to Section 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to disposal of waste in Type IV Landfill (as described in 30 TAC § 330.5) located at/near 1435 County Road 26 (also known as Gulley-Hurst Landfill) and municipal solid waste fees. This E-Session Item was discussed in executive session. N. REGULAR AGENDA: (ITEMS 23 - 24) 24. Second Reading Ordinance - Calling for Special Election - Bond 2016 Proposition (1st Reading 8/9/16) 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 Corpus Christi Page 16 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 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. Mayor Martinez deviated from the agenda and referred to Item 24, an ordinance calling for a special election to be held on November 8,2016 for a Bond 2016 Proposition. There were no comments from the public. City Secretary Rebecca Huerta stated that on August 9,2016,the City Council approved the proposition in the packet in the amount of$20,350,000. The developer participation projects were included in the proposition. Council requested that staff improve the project description for developer partricipation, which was included in a powerpoint provided to Council. The motion of direction also directed the City Manager to come back with a$16.1 million residential program and information on debt capacity was provided in a report. In response to a council member, Director of Financial Services Constance Sanchez provided an overview of available debt capacity. Council members and staff discussed the following topics:the current bond capacity of$30 million will not require a property tax increase; adding a Residential Street Re-build program to Bond 2016 in the amount of$16.1 million; consideration to trim the proposed project list; Traffic Signal Communication &Network Improvements; the importance of vetting bond projects three to five years ahead of an election;the impact on debt capacity if the contribution to operations and maintenance was increased by one cent; a long-term objective or financial policy to shift more into the operations and maintenance fund;the commitment to bring $55 million in bond projects for arterials and collectors every two years;the solid waste fee option to fund residential streets;the last time property values decreased;the last time debt capacity dropped $35 million in eight months;the City of San Antonio creating a committee for 2018 for residential streets; and letting the voters decide to support residential streets. Council Member Vaughn made a motion to remove Item 3, Traffic Signal Communications &Network Improvements in the amount of$10,000,000 from the ballot proposition,seconded by Council Member Rubio. Council members and staff discussed the following topics regarding the motion:the project description for Traffic Signal Communication & Network Improvements;the project affecting the entire arterial system;that the project reduces traffic congestion; and the number of intersections in the City. The motion passed with the following vote: Council Members Magill, McIntyre, Rosas, Rubio, Scott, and Vaughn, voting "Aye"; Mayor Martinez, Council Members Hunter, and Garza,voting "No". Council Member Magill made a motion to include a Residential Street Re-build Program,for a total of$16.1 million, in the proposed Bond 2016 projects; seconded by Council Member Rosas. Council members and staff discussed the following topics regarding the motion: concern that this action impacts bonding ability for arterials and collectors and that the residential street program has not been vetted; the need to build capacity;the residential street re-build program is a short-term plan to address residential streets and the need to find a dedicated funding source; Corpus Christi Page 17 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 the pending bond projects for FY2017 including:the potential bond election projects,the certificates of obligation to complete Bond 2014 projects; the facility certificates of obligation Year 2 of the facility plan projects and that approval of this action will exceed debt capacity by$8.1 million;the amount of debt capacity in 2018 if the total $30 million is spent;the pilot project for residential streets; consideration to amend the motion to remove Item 2 Traffic Signal &Intersection Infrastructure Improvements from the proposed Bond 2016 project list; include the property tax valuation percentage in the equation of debt capacity;the general obligation debt; consideration to replace the Traffic Signal Communications &Network Improvements back on the bond list and continue with the proposed bond 2016 projects as listed in the ordinance in a reduced amount of$4.7 million;the project description of the completion of Rodd Field Road and Six Points, and street lighting; disagreement with staff on debt capacity; and concern with being over the City's debt capacity. Council Member Magill considered amending the motion to remove Item 2, Traffic Signal &Intersection Infrastructure Improvements to save $3 million and to add a Residential Street Re-build Program of$16.1 million. Council members and staff discussed the following: the debt service payment with this motion; a calculation of the debt capacity; consideration to remove street lighting from the certificates of obligation to complete Bond 2014 projects in the amount of$2 million; residential re-build program versus the safety of street lighting;the timeframe to begin the Resident Street Re-build Program;the reasons for considering $16.1 million; and consideration to reduce the amount of the Residential Street Re-build Program. Council Member Magill restated his motion to remove Item 2, Traffic Signal & Intersection Infrastructure Improvements to save$3 million and to add a Residential Street Re-build Program of$11 million,seconded by Council Member Rosas. The motion was passed and approved with the following vote: Council Members Hunter, Magill, Rosas, Rubio, Vaughn, and Garza,voting "Aye"; Mayor Martinez, Council Members McIntyre, and Scott,voting "No". Council Member Magill made a motion to approve the ordinance as amended, seconded by Council Member Rubio. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Nay: 2- Council Member McIntyre and Council Member Scott Abstained: 0 Enactment No: 030931 NOTE: The Enactment No. above results from action taken on this Item later in this agenda. The Council returned to discussion on Item 24 at the end of the meeting. Please see last item on the minutes for the final action on Item 24. Corpus Christi Page 18 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 23. Second 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 (1st Reading 8/9/16) 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. Mayor Martinez deviated from the agenda and returned to Item 23, an ordinance calling for a Special Election to be held on November 8,2016 for Type B, Crime Control and Prevention District and Charter Amendments. Council members spoke regarding the following topics: confusion with having Proposition 3 regarding a Residental Street Reconstruction Tax on the ballot along with the Residential Street Re-build Program 2016 Bond; and Proposition 3 being an option to get permission from voters on a property tax increase to fund residental streets. Council Member Scott made a motion to approve the ordinance,seconded by McIntyre. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030930 O. FIRST READING ORDINANCES: (ITEMS 25 -27) 25. First Reading Ordinance -Accepting the Texas Department of Health Services Community Preparedness Section-Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant and ratifying acceptance of the grant agreement to begin June 10, Corpus Christi Page 19 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 2016 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of$200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 2016. Mayor Martinez referred to Item 25.Assistant Director of Public Health William Uhlarik stated that the purpose of this item is to accept and appropriate a grant contract from the Texas Department of State Health Services in the amount of $200,000 to support accelerated preparedness planning and operational readiness in responding to the Ebola virus. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Rosas Absent: 2- Council Member Scott and Council Member Vaughn Abstained: 0 26. First Reading Ordinance -Approving the sale of Penn Place Park (4302 Aaron) Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for$100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction. Mayor Martinez referred to Item 26. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to approve the sale of Penn Park Place to Apostolic Assembly of the Faith in Christ Jesus for $100,000 and authorize the City Manager to execute documents to finalize real estate sales transactions. There were no comments from the Council or the public. City Secretary Huerta announced that Council Member Magill was abstaining from the vote on this item. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 20 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 1 - Council Member Magill 27. First Reading Ordinance - Ordinance authorizing the City Manager or designee to execute a license with the River View at Calallen, LP located at 11930 Leopard Street Ordinance authorizing the City Manager or designee to execute a License with River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across the Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. Mayor Martinez referred to Item 27.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a license with the developer to install a sanitary sewer force main across Leopard Street to provide sanitary sewer service to Riverview Apartments. Staff recommends a one-time payment of$1,053 for the license. 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: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 28 - 31) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that staff did not have any planned presentations. 28. Engineering Construction contract for pavement markings Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee, to execute a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas in the amount of$173,250 for Pavement Markings Indefinite Delivery/Indefinite Quantity (IDIQ) for total base bid. Corpus Christi Page 21 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 This Motion was recommended to the consent agenda. 29. Engineering Contract Amendment No. 3 for Nueces Bay System Salinity and Freshwater Inflow Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of$97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. This Motion was recommended to the consent agenda. 30. Engineering Contract Amendment No. 6 for Nueces River Quality, Oso Creek Water Level &City of Corpus Christi Meteorological Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of$121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. This Motion was recommended to the consent agenda. 31. Authorizing Collection Fee Contract for the collection of delinquent Municipal Court fees Motion to authorize the City Manager or designee to execute a contract for the collection of delinquent Municipal Court fees, fines and court costs with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP for a fee of 30% of amounts collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendants. This is a one-year contract and may be extended for up to three additional one-year terms. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 32) 32. Remaining Budget Workshop Items As the remaining budget items were presented during the City Council Workshop Session at 9:00 a.m. on Tuesday,August 16,2016,this Presentation was unnecessary and was not presented. REGULAR AGENDA: (ITEM 24) Corpus Christi Page 22 Printed on 8/19/2016 City Council Meeting Minutes August 16, 2016 24. Second Reading Ordinance - Calling for Special Election - Bond 2016 Proposition (1st Reading 8/9/16) 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. Mayor deviated from the agenda and returned to Item 24, an ordinance calling for a special election to be held on November 8,2016 for Bond 2016 proposition. City Attorney Miles K. Risley provided the revisions to the bond ordinance with the amendments in the amount of$18,350,000 for Council review. Council Member Magill made a motion to amend the ordinance on pages 2 and 4 to put the Residential Street Re-build Program first on the list,seconded by Council Member Rubio. The motion was passed and approved with the following vote: Mayor Martinez, Council Members Hunter, Magill, Rosas, Rubio, Vaughn, and Garza,voting "Aye"; Council Member Scott voting "No"; Council Member McIntyre-absent. Council Member Magill made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Nay: 1 - Council Member Scott Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 030931 R. ADJOURNMENT The meeting was adjourned at 7:17 p.m. Corpus Christi Page 23 Printed on 8/19/2016 SC �o N U NOOR P 0 P 1852 AGENDA MEMORANDUM Future item for the City Council Meeting of August 16, 2016 Action item for the City Council Meeting of August 23, 2016 DATE: July 27, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Andy Leal, P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Engineering Construction Contract Pavement Markings IDIQ CAPTION: Motion authorizing the City Manager or designee, to execute a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas in the amount of $173,250 for Pavement Markings Indefinite Delivery/Indefinite Quantity (IDIQ) for total base bid. PURPOSE: The purpose of this Agenda Item is to execute a construction contract with Highway Barricades and Services, LLC. for Pavement Markings IDIQ for the total base bid. BACKGROUND AND FINDINGS: This project provides for pavement markings and striping on city streets. Work includes new retro- reflectorized markings and striping. This is a multi-year IDIQ construction contract with 1-year base term plus two 1-year optional renewal periods. Multiple delivery orders will be issued each year with specific scope and cost based on the contractor's unit bid prices. Delivery orders will be prepared and issued by City Staff. Delivery orders and future authorization of option years will be Administratively Authorized by City Manager or designee within the available annual funding. On July 20, 2016, the City received proposals from one (1) bidder and the bidder follows: Contractor Base Bid Highway Barricades & Services, LLC. Corpus Christi, Texas $173,250.00 Engineer Estimate $250,000.00 Only one bid was received, however City staff has historical pricing data from other similar work and contracts to determine the bid prices are fair and reasonable. Rebidding is not anticipated to improve pricing. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2015-2016 Street Operational Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to Date 2015-2016 Expenditures Current Year Future Years TOTALS (CIP only) Budget $296,000 $296,000 Encumbered / 0.00 0.00 Expended Amount This item 173,250 173,250 Future Anticipated Expenditures This 34,913 34,913 Project BALANCE $ 87,837 $ 87,837 Fund(s): Comments: N/A RECOMMENDATION: City staff and HDR, Inc. recommend the construction contract award to Highway Barricades and Services, LLC. in the amount of$173,250.00 for the base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Project Budget PAVEMENT MARKINGS IDIQ FY 2015-2016 Project No. E16238 PROJECT FUNDS AVAILABLE: Street Operating Fund.......................................................................................... $ 296,000.00 TOTAL FUND AVAILABLE.................................................................................. 296,000.00 FUNDS REQUIRED: Construction: Construction (Highway Barricades) THIS ITEM..................................................... 173,250.00 Design Fees: Engineer - (HDR ).............................................................................................. 17,133.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)...................................... 7,400.00 Engineering Services (Project Mgt//Traffic Mgt Services)............................................ 8,880.00 Misc. (Printing, Advertising, etc.)............................................................................ 1,500.00 TOTAL............................................................................................................. $ 208,163.00 ESTIMATED PROJECT BUDGET BALANCE.......................................................... $ 87,837.00 809 f� R`I7i , f N Sinton ,sa Rancho Chico ► Morgan Del Sol-Lama Farm Area Linde Taft Tradswinds i7 Ddem t,.. CilV-By-I t 35 _ I alr5rar-Cou-ity r Gregory Ara-ism.Pass - NN_ _ Doyle /nd -.MWIrgleside ::•n thIJA- e ay orpus ,hristi mvn Pavement Markings IDIQ : ,; (Citywide) Stang Wand Tierra Grande f r57, hiustan P'etronda isJsn Ch�Prn�+r VICINITY MAP NOT TO SCALE Project Number: E16238 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Pavement Markings IDIQ DEPARTMENT OF ENGINEERING SERVICES OLO Corpus Chr sti Engineering Pavement Markings IDIQ Council Presentation August 16, 2016 Project Vicinity CorpusCs Engineering P --s- O� reimaUa o��y _ Arensac N s� Tg o,;n—dne ear �ed�o g 'or�us hrisfi _ Pavement Markings IDIQ (Citywide) h9$ T.—Grande - � o —pA d r � 2 Project Scope Corpus Ch r sti Engineering Continuation of City Program to improve pavement marking and striping for traffic safety and reduced congestion. Work includes: • Pavement markings consist of centerline, lane, edgeline, for both flexible and rigid roadway surfaces. • Raised pavement markers This is a multi-year IDIQ construction contract with 1-year base term plus two 1-year optional renewal periods. Multiple delivery orders will be issued each year with specific scope and cost based on the contractor's unit bid prices. Delivery orders will be prepared and issued by City Staff. Project Schedule CorpusCs Engineering • 2017 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Bid Construction Construction Estimate: Calendar Days 365 ;;t� 12 Months CERTIFICATE OF INTERESTED PARTIES FORM 12.95 loll Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing fonn,and the city,state and country of the business entity's place Certificate Number: of business. 2016-93052 Highway Barricades&Services, LLC Corpus Christi, TX United States Date Filed: 2 Name of govemmental entity or state agency that is a party to the contract for which the fonn is 08/01/2016 being filed. City of Corpus Christi 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. E16238 Pavement Markings ID/IQ 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Johnson, Reba Ann Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. JUANITA GALE MCCAIN IJo .,,y m Pub9 c,StateTeas A'y Comission Explies December 05, 2017 Signature of authoriz d Agent of contracting business entity AFFIX NOTARY STAMP!SEAL ABOVE r. Sworn to and subscribed before me,by the said �J �SLYl4lc-+ / this the day of—� 20_/ ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer adminis ring oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 SC o� � AGENDA MEMORANDUM NCORPOppt Ev Future Item for the City Council Meeting of August 16, 2016 1852 Action Item for the City Council Meeting of August 23, 2016 DATE: July 13, 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, 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 Contract Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of $97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. PURPOSE: The purpose of this agenda item is to obtain authority to execute a monitoring contract for the Conrad Blucher Institute at Texas A&M University-Corpus Christi for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. The execution of this amendment is in compliance with the Amended Agreed Order between the City and Texas Natural Resource Conservation Commission (NRCC). BACKGROUND AND FINDINGS: The amendment provides continued services for real-time salinity monitoring at the two salinity monitoring stations in Nueces Bay and one monitoring station in the Nueces River. The data collected is to determine the frequency and quantity of fresh water pass through events from the City's reservoir system (Choke Canyon Dam and Wesley Seale Dam) as required by the City's amended reservoir operating plan. Services include real-time monitoring, data collection, regular site visits and routine maintenance/repairs for these three stations. The Conrad Blucher Institute (CBI) of Texas A&M University-Corpus Christi has conducted extensive research in the Rincon Bayou, local bays and estuaries. The CBI is considered the foremost expert in local near shore salinity research and has existing salinity monitoring stations that will be used to collect the required data. The CBI has conducted the required salinity monitoring for the City since the Reservoir Operating Plan was amended by NRCC. In November 2013, the City awarded CBI with a contract to initiate salinity and freshwater inflow monitoring. The contract term was from November 15, 2013 through September 30, 2014. In September 2014, the City awarded CBI with an Amendment No. 1 contract to maintain salinity monitoring stations for the Nueces Bay System from October 1, 2014 to September 30, 2015. In August 2015, the City award CBI with Amendment No. 2 contract to maintain salinity monitoring stations for the Nueces Bay System from October 1, 2015 to September 30, 2016. This contract, Amendment No. 3, allows CBI to continue to maintain salinity monitoring stations for the Nueces Bay System. The contract term of this amendment is from October 1, 2016 to September 30, 2017. ALTERNATIVES: 1. Authorize the execution of the monitoring contract. 2. Do not authorize the execution of the monitoring 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 Environmental and Strategic Initiatives FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to 2015-2016 Date Budget & Current Year Future Years TOTALS Expenditures Line Item Budget (Operating) $288,720 $121,835 $410,555 Encumbered / Expended Amount 288,720 288,720 This Item 97,835 97,835 Future Anticipated Expenditures This Project 24,000 24,000 BALANCE $0 $0 $0 Fund(s): Water Operating Comments: The contract amendment will result in the amount not to exceed $97,835. RECOMMENDATION: City Staff recommends approval of Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of $97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 FUNDS AVAILABLE: WaterOperating...................................................................................................... $ 410,555 FUNDS REQUIRED: Monitoring Contract (Conrad Blucher Institute, TAMUCC)................................................. $ 386,555 *Original......................................................................................... 94,605 **Amend. No. 1................................................................................ 97,687 ***Amend. No. 2............................................................................... 96,428 Amend. No. 3 THIS CONTRACT........................................................ 97,835 Reimbursements: Total Reimbursements:.......................................................................................... 24,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 6,000 Engineering Services (Project Mgmt)........................................................ 13,000 Misc.................................................................................................. 5,000 TOTAL................................................................................................................... $ 410,555 PROJECT BUDGET BALANCE................................................................................. $0 *Original contract approved by City Council on November 12, 2013 by Motion No. M2013-170 **Amendment No. 1 approved by City Council on September 23, 2014 by Motion No. M2014-134 ***Amendment No. 2 approved by City Council on August 25, 2015 by Motion No. M2015-090 PE I I + 734 1 55B D 31 - N 51 � 52 17041 Ddem 1594 5T 531 1125 531 531 2513 T5 49 2289 7457 2557 59 51 1014 55 5TA 3151 SALT 05 1906 1906 1 sem:$ - ❑ 1 1014 T5 B 53 1074 r tk T' S9E 3151 27 _ SALT 03 CA LEN �,ipQrce�'rler 8 � '� SAL1,01 ® 'AIR Aim CC a A kFfU6511 i 3581 S Violeta r 515T Corpus Christi # ® Inlernational Aiwrk ro 2W 36 D Q LEI. 0 494 + 555 153 78 Z 285 jF iEi VICINITY MAP Tierra{�rand� NOT TO SCALE V Salination Monitorin Stations rM ject Number: 8443 Nueces Bay System Salinity and CITY COUNCIL EXHIBIT l--� Freshwater Inflow Monitoring CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES 2016-2017 CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR MONITORING SERVICES The City of Corpus Christi,Texas,a Texas home-rule municipal corporation ("City")and Conrad Blucher Institute at Texas A&M University-Corpus Christi ("Consultant`), agree to the following amendments to the Contract for Monitoring Services for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 tProiiect No. 84431; Original Contract November 12, 2013 Motion No. 2013-170 $94,605.00 Amendment No. 1 September 23, 2014 Motion No. 2014-134 $97,687.00 Amendment No. 2 August 25, 2015 1 Motion No. 2015-090 $96,428.00 In the Original Contract, Exhibit`°A", Scope of Services shall be amended as set forth in the attached Amendment No.3, Exhibit"A". In the Original Contract, Fees shall be amended based on the modified scope of services In the attached Amendment No. 3; Exhibit"A"for a fee not to exceed $97,835, for a total restated fee not to exceed 386,5 , Ali other terms and conditions of the November 12, 2013 Contract for Monitoring Services between the City and Consultant,and of any amendments to that contract,which are not specifically addressed herein shall remain In full force and effect. CITY OF CORPUS CHRISTI TEXAS ABM UNIVERSITY CORPUS CHRISTI J.H. Edmonds, P.E. Date L ry Lloyd ate Director of Engineering Services Research S cialist 11 Conrad Blucher Institute for Surveying and Science 6300 Ocean Drive, Unit 5799 Corpus Christi, TX 78412 RECOMMENDED (361) 825-5759 Office Larry.Lloyd@tamucc.edu Operating Department Date APPROVED AS TO LEGAL FORM Dr. ifuentes Date Vi President for Resear ' mmercialization and Outreach Assistant City Attorney Date APPROVED Office of Management Date and Budget K7.ENGINEERING DATAEXCHANGr:UENNIFERiWATER18443 RINCON BAYOU DIVERSION-SALINITY&FRESHWATER INFLOW MONITORING1SALINTY&FRESHWATER INFLOW MON ITORINGIAMENOME NT NO.=ONTRACT=NTRACT.DOC REV.1011115 ATTEST City Secretary Date Project Name Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 Project Number 8443 Accounting Unit 4010-30220-061 Account530000 Activity 18022701401 EXP Account Category 30000 Fund Name Water Operating This is Amend. No. 3 for $97,835 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8443 RINCON BAYOU DIVERSION-SALINITY&FRESHWATER INFLOW MONITORING\SALINTY&FRESHWATER INFLOW MONITORING\AMENDMENT NO.3\CO NTRACT\CO NTRACT.DOC REV.10/1/15 Larry Lloyd Research Specialist II ��� mss= CON RAID BLUCHER Conrad Blucher Institute for Surveying and Science College of Science and Engineering � CORPUS INSTITUTE 6CO OCEAN DRIVE,UNIT CORPUS CHRISTI,TEXASEXAS 78412 CHRISTI I'OR S[JHVEYING AND SCIENCE 0361.825.5759-C361.438.6594 Jiangang Dang 17 June, 2016 1201 Leopard City of Corpus Christi Corpus Christi, Texas 78401 Dear Daniel, The statements of work covered herein are submitted to the City of Corpus Christi, referred to as "the City", for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing salinity monitoring efforts in Nueces Bay and Nueces River. PROPOSED SCOPE OF WORK FOR NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING: 2016-2017 SUMMARY Two real-time salinity monitoring stations in the Nueces Bay and one real-time salinity monitoring station in the Nueces River will be covered under this agreement. Station service includes exchange of datasonde monitoring instruments with a freshly calibrated unit every 2-3 weeks, repair and maintenance to all station electronics and components as necessary and an annual inspection in which the condition of all station components are documented. In order to reduce costs, station service frequency will be based on observed marine growth fouling the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will primarily report salinity, specific conductance and water temperature. Additionally, all monitoring stations will also report ancillary water quality data including dissolved oxygen, pH, and water depth. All data will be available in graphical and tabular format on the CBI website (http://www.cbi.tamucc.edu/Nueces-BayWater- Quality-Monitoring). This proposal covers a period of 1 year. RESEARCH OBJECTIVES The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining real-time salinity monitoring stations in Nueces Bay and in Nueces River for the City of Corpus Christi since November 1991 in order to help better understand the effects of freshwater inflows on salinity into the Nueces Bay system. The data collected will be used to help the City of Corpus Christi water supply managers determine the quantity and frequency of fresh water pass through events required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ) via the Lake Corpus Christi Weasley Seale Dam. Other benefits of the data collection include collaboration with other researchers in the Nueces delta, namely, the Center for Coastal Studies (CCS) and Harte Research Institute for Gulf of Exhibit"A" Amend. No. 3 Page 1 of 5 Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute (UTMSI) at Port Aransas, the Coastal Bend Bays and Estuaries Program (CBBEP) and the U.S. Army Corps of Engineers (USACE) Fort Worth District. This proposal is for continuation of the aforementioned monitoring efforts in Nueces Bay and Nueces River. Nueces Bay salinity monitoring by CBI consists of 2 monitoring stations: SALT01 (27° 50' 21" N, 97° 26' 38" W) and SALT03 (27° 51' S" N, 97° 28' 55" W) and one monitoring station in Nueces River: SALT05 (27° 53' 30" N 97° 36' 37" W). These stations consist of a Hach Hydrolab MS5 water quality datasonde, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system. Primary parameters measured at all monitoring stations include salinity, specific conductance and water temperature. Additionally, ancillary parameters are measured including dissolved oxygen, water depth, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as an indicator of freshwater movement. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (http://Iighthouse.tamucc.edu/salrel) produced by CBI and the Nueces River Authority (NRA) shows the current freshwater relief status. The City has designed and built a diversion channel and pumping system that, when activated, pumps freshwater from the Nueces River into the Nueces delta and adjacent wetlands starting at the head of the Rincon Bayou channel. The freshwater diversion pumping system is designed to redirect freshwater flowing into Nueces Bay proper to the Nueces Delta in order to most effectively utilize available freshwater by diverting it to the area with the most potential for increased biological productivity. Currently, UTMSI, HRI, and CCS are conducting long-term ecological studies of the effects of this diversion. Two salinity monitoring stations (NUDE2: 27° 53' 19" N, 97° 34' 10" W and NUDE3: 27° 53' 1" N, 97° 31' 59" W) located along the Rincon Bayou were established in 2009 to determine the fate of freshwater diversions from the pipeline. The salinity monitoring stations located in the Nueces Delta are funded by the CBBEP and are not covered in the scope of this proposal but are a part of an overarching hydrodynamic monitoring system. STATION SERVICE AND MAINTENANCE Regular site visits will be made to each water quality station every 2-3 weeks during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the deployed datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the freshly deployed datasonde will be recorded. Independent salinity readings will be taken with a portable refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. Full inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed unless the station damage affects data transmission of the primary data parameters in which an emergency site visit will be conducted. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon Exhibit"A" Amend. No. 3 Page 2 of 5 as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and made publically available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. A custom computer program, written by staff at CBI, polls each station every six minutes. During a poll, averaged readings from the datalogger will be requested. The averages are then placed into the CBI database and reported on the station webpage so that each value will represent a six minute average. All data stored in the CBI database will be publically available on the internet at http://cbi.tamucc.edu during the duration of the proposal period. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http://www.nueces-ra.org/CP/CITY/passthru/index.php). Monthly salinity levels in relation to the upper and lower salinity bounds are found at http://Iighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. Instruments will be calibrated based on manufacturer recommendation during which the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post-calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post-calibration records will be available upon request. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including a calibration check of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the City will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this Exhibit"A" Amend. No. 3 Page 3 of 5 project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the City to replace needed components. COLLABORATIVE MONITORING This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University—Corpus Christi hereby agrees for the duration of one year (1 October, 2016 through 30 September, 2017) to perform all services necessary to provide water quality monitoring, as described in this proposal. The budget for 1 October, 2016 through 30 September, 2017 is $97,835 and is outlined below. The total award amount will be invoiced in equal, monthly installments over the twelve month period of this contract. A new proposal will be provided for each year of continuing service. Exhibit"A" Amend. No. 3 Page 4 of 5 Budget Summary TOTAL Salaries & Benefits $49,300 Travel Pool $6,870 Supplies $9,500 Other Expenses (IP modem fee, freight service $6,800 wa rra nty) Indirect $25,365 TOTAL $97,835 Exhibit"A" Amend. No. 3 Page 5 of 5 V"o Carptis Citr stl tngineeriing Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017 Council Presentation • August 16, 2016 Project Location two JA Corpus Chr'sti i<ngineerirsg o O ,,d o ®. e�,o o ® o 0 o o N ELI ® ® ® o ® n� o 0 o ® o SATT 05 0 7 0® X0,4 0 o a, o 0 SALT 03 e, v SAMA1 UZEz o Christi Vw1d CAI Salination Monitoring Stations �'� f y 2 Project Scope �� CarpUs Chr'sti _ Engineering Purpose: •The project was initiated as part of the Agreed Order between the City and Texas Natural Resource Conservation Commission for fresh water inflow from City's reservoir system. Scope: • Real-time monitoring and data collection • Regular site visits for routine maintenance and repairs of three monitoring stations; •Instrument calibration, replacement parts and equipment; •Monitoring includes salinity, specific conductance, water temperature, dissolved oxygen, PH value, and water depth. Project Schedule two JA Corpus Chr'sti Engineering 2016 2017 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monitoring Services Project Duration: October 1, 2016 to September 30, 2017 SC o� � AGENDA MEMORANDUM NCORPOppt Ev Future Item for the City Council Meeting of August 16, 2016 1852 Action Item for the City Council Meeting of August 23, 2016 DATE: July 26, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVanVIeck@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 Contract Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of $121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016- 2017. PURPOSE: The purpose of this agenda item is to obtain authority to execute a monitoring contract for the Conrad Blucher Institute at Texas A&M University-Corpus Christi for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. This allows better analysis of water quality, water consumption rate and prediction for the City. BACKGROUND AND FINDINGS: This amendment provides for continued (6th year) services for the thirteen "Real-Time" environmental monitoring stations. Services include Nueces River water quality, Oso Creek water level & City of Corpus Christi meteorological Monitoring, data collection with results placed on the website of Conrad Blucher Institute (CBI), field work with routine maintenance and repairs, instrumentation calibration, and replacement of miscellaneous parts. This project originated in August 2011 to better analyze the water quality, water consumption rates with meteorological data. In February 2012, the City awarded CBI with an Amendment No. 1 contract to initiate a watershed monitoring program with locations in Nueces River, Oso Creek, and Corpus Christi. The contract term of Amendment No. 1 was from March 1, 2012 to February 28, 2013. In March 2013, the City awarded CBI with an Amendment No. 2 contract to continue the same monitoring program with a contract term of March 1, 2013 to July 31, 2013. In November 2013, the City awarded CBI with an Amendment No. 3 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from November 15, 2013 to July 31, 2014. In September 2014, the City awarded CBI with an Amendment No. 4 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from August 1, 2014 to July 31, 2015. In August 2015, the City award CBI with Amendment No. 5 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from August 1, 2015 to July 31, 2016. This contract, Amendment No. 6, allows CBI to continue to maintain and monitor environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment is from August 1, 2016 to July 31, 2017. ALTERNATIVES: 1. Authorize the execution of the monitoring contract. 2. Do not authorize the execution of the monitoring 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 Environmental and Strategic Initiatives FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to 2015-2016 Date Budget & Current Year Future Years TOTALS Expenditures Line Item Budget (Operating) $654,674 $156,022 $810,696 Encumbered / Expended Amount 654,674 654,674 This Item 22,000 99,022 121,022 Future Anticipated Expenditures This Project 35,000 35,000 BALANCE $0 $0 $0 Fund(s): Water Operating Comments: The contract amendment will result in the amount not to exceed $121,022. RECOMMENDATION: City Staff recommends approval of Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of$121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 FUNDS AVAILABLE: WaterOperating...................................................................................................... $ 810,696 FUNDS REQUIRED: Monitoring Contract (Conrad Blucher Institute, TAMUCC)................................................. $ 775,696 *Original......................................................................................... 92,355 **Amend. No. 1................................................................................ 224,794 ***Amend. No. 2............................................................................... 46,112 **** 93,381 men o. *****Amend. No. 4............................................................................ 98,439 ******Amend. No. 5........................................................................... 99,593 Amend. No. 6 THIS CONTRACT........................................................ 121,022 Reimbursements: Total Reimbursements:.......................................................................................... 35,000 Contract Administration (Engineering Svcs Admin/Finance).......................... 10,000 Engineering Services (Project Mgmt)........................................................ 20,000 Misc.................................................................................................. 5,000 TOTAL................................................................................................................... $ 810,696 PROJECT BUDGET BALANCE................................................................................. $0 *Original Contract approved by City Council on August 30, 2011 by Motion No. M2011-187. **Amendment No. 1 approved by City Council on February 28, 2012 by Motion No. M2012-047. ***Amendment No. 2 administratively approved on April 17, 2013 ****Amendment No. 3 approved by City Council on November 12, 2013 by Motion No. M2013-171 *****Amendment No. 4 approved by City Council on September 16, 2014 by Motion No. M2014-120 ******Amendment No. 5 approved by City Council on August 25, 2015 by Motion No. M2015-091 9,Dnnie ViewN Bd V NRWQM1 . 359 1 :n h Ta Ft *'N'k M2 t.adem Gregor BIUntzer NRWQM3iCCMM7 Inglesiid I nglesde ern 1hp B�y Corpus Chri ski ua Du Ice t`,I"I CCMM6V VCCMM5 OCWLM1V VCCMM3 CCMM4 VCCMM1 Tierra Grande OCWLM2W VCCMM2 Driscoll Petronila OCWLM3V Chapman Si hp Ranchl VICINITY MAP a o rl NOT TO SCALE K In svillc LEGEND V Corpus Christi Meteorological Monitoring Stations Padre 1:0and V Nueces River Water Quality Monitoring Stations �s V Oso Creek Water Level Monitoring Stations Project Number: 8443 Nueces River Water Quality Oso Creek CITY COUNCIL EXHIBIT Water Level and City of Corpus Christi CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Meteorological Monitoring 2016-2017 CITY OF CORPUS CHRISTI AMENDMENT NO. 6 CONTRACT FOR MONITORING SERVICES The City of Corpus Christi,Texas,a Texas home-rule municipal corporation("City")and Conrad Blucher institute at Texas A&M University-Corpus Christi ("Consultant"), agree to the following amendments to the Contract for Monitoring Services for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 fProiect No.84431': Original Contract August 30, 2011 Motion No. 2011-187 $92,355 Amendment No. 1 February 28, 2012 Motion No. 2012-047 $224,794 Amendment No. 2 Aril 17, 2013 Administrative Approval $46,112 Amendment No. 3 November 12, 2013 Motion No. 2013-171 $93,381 Amendment No. 4 September 16, 2014 Motion No. 2014-120 $98,439 � Amendment No. 5 August 25, 2015 Motion No. 2015091 $99,593 In the Original Contract, Exhibit"A", Scope of Services shall be amended as set forth in the attached Amendment No.6, Exhibit"A". In the Original Contract, Fees shall be amended based on the modified scope of services in the attached Amendment No. 6, Exhibit"A"for a fee not to exceed$121,022, for a total restated fee not to exceed $775,696. All other terms and conditions of the August 30, 2011 Contract for Monitoring Services between the City and Consultant,and of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY CORPUS CHRISTI --JJ.H. Edmonds, P.E. Date ry Lloyd Date Director of Engineering Services Research pecialis I Conrad Blucher Institute for Surveying and Science 6300 Ocean Drive, Unit 5799 Corpus Christi,TX 78412 RECOMMENDED (361)825-5759 Office Larry.Lloyd a@tamucc.edu Operating Department Date APPROVED AS TO LEGAL FORM Dr. i ifuentesDate Vie resident for R rc ,: ommercialization at d Outreach Assistant City Attorney Date APPROVED Office of Management and Budget Date K:IENGINEERING DATAEXCHANGEUENNIFERIWATEM443 RINCON BAYOU DIVERSION-SALINITY&FRESHWATER INFLOW MONITORINGIWAT£R QUALITY MONITORINGVAMENOMENT NO.MONTRAOMONTRACT.DOG REV.1411/15 ATTEST City Secretary Date Project Name Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 Project Number 8443 Accounting Unit 4010-31501-063 Account 530000 Activity 180227014010 EXP Account Category 30000 Fund Name Water Operating This is Amendment No. 6 for $121,022 FY 2015-2016 partial certification for $22,000 FY 2016-2017 certify $99,022 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8443 RINCON BAYOU DIVERSION - SALINITY & FRESHWATER INFLOW MONITORING\WATER QUALITY MONITORING\AMENDMENT NO. 6\CONTRACT\CO NTRACT. DOC REV. 10/1/15 CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Mr. Gabriel Ramirez 2726 Holly Rd. City of Corpus Christi Corpus Christi, TX 78415 Dear Gabriel Ramirez: Larry Lloyd Research Specialist II Conrad Blucher Institute for Surveying and Science College of Science and Engineering 6300 OCEAN DRIVE, UNIT 5799 CORPUS CHRISTI, TEXAS 78412 0 361.825.5759 ' C 361.438.6594 27 July, 2016 The statements of work covered herein are submitted to the City of Corpus Christi Utilities Department (CCUD) for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue to maintain operation of environmental monitoring stations in the Nueces River, Oso Creek and within the City of Corpus Christi under. The following scope of work and budget will reflect an amendment to allow for continuation of the project. PROPOSED SCOPE OF WORK FOR NUECES RIVER WATER QUALITY, OSO CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING: 2016-2017 SUMMARY Thirteen real-time environmental monitoring stations in the Nueces River, Oso Creek and the City of Corpus Christi will continue to be covered under this agreement. Station service includes exchange of water quality datasonde instruments with a freshly calibrated unit and factory recommended maintenance of water level and meteorological monitoring instrumentation. All meteorological monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. In addition to these parameters, water level stations will report water level and stage height and water quality stations will report water temperature, salinity, specific conductance, pH, dissolved oxygen and turbidity. All data will be available in graphical and tabular format on CBI's website (http://cbi.tamucc.edu) for the duration of the project period. This proposal covers a period of 14 months. RESEARCH OBJECTIVES Nueces River Water Quality Monitoring Three water quality stations are located along the lower Nueces River at the Wesley Seale Dam (28° 2' 32" N 97° 52' 5" W), Nueces River Estates (27° 56' 4" N 97° 48' 8" W) and at the Nueces River intake station (27° 52' 2" N 97° 38' 1" W). These stations consist of a Hach Hydrolab MS5 datasonde, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water Quality Exhibit "A" Amend. No. 6 6Page 1 of 6 stations assist the CCUD in more efficiently treating public water through the monitoring of the water quality, specifically the turbidity, entering the O.N Stevens Water Treatment Plant. Oso Creek Water Level Monitoring Three water level monitoring stations are located on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca (^'27° 43' 18.26" N 97° 27' 28.55" W), Weber Rd. near Yorktown Blvd. (^'27° 41' 19.82" N 97° 25' 45.36" W) and at Staples St. near Oso Pkwy. (^'27° 39' 24.89" N 97° 24' 5.89" W). These stations consist of a Campbell Scientific CS -475 radar water level sensor, Vaisala WXT-520 weather transmitter, IP modern, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and stage height, air temperature, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level stations will assist the CCUD in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring Seven meteorological stations are located throughout the City of Corpus Christi at TAMUCC (27° 42' 54" N 97° 19' 43" W), Rodd Field Rd near Wooldridge Rd (27° 40' 34" N 97° 21' 9" W), Carmel Pkwy near S Alameda St (27° 43' 54" N 97° 22' 40" W), Cedar Pass Dr near Sun Valley Dr (27° 41' 6" N 97° 25' 0" W), Del -Mar college east campus (27° 45' 51" N 97° 24' 15" W), Del - Mar college west campus (27° 46' 24" N 97° 26' 24" W) and in Calallen at the Nueces River pump station (27° 52' 4.2" N 97° 37' 54.5" W). These stations consist of a Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and reports air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. A webpage is currently being developed to assist city technicians monitor rainfall at http://www.cbi.tamucc.edu/ccrl/. This webpage will continue to be developed through the duration of the project period. STATION SERVICE AND MAINTENANCE Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station monthly during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the deployed datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the freshly deployed datasonde will be recorded. Independent turbidity readings will be taken with a portable turbidimeter and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT-PTUSP will be replaced every two years as recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full Exhibit "A" Amend. No. 6 Page 2 of 6 inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed unless the station damage affects data transmission of the primary data parameters in which an emergency site visit will be conducted. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and made publically available at all times. Oso Creek Water Level Monitoring Regular maintenance to water level stations will be conducted every six months. Leveling by CBI will be conducted annually during a regular visit at each water level station to ensure accurate data is being reported. During a leveling site visit, a leveling gun will be used to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the sensor location relative to the NAVD88 datum is known. Leveling site visits will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. A full annual inspection will also be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken, the sensor orientation will be checked and the desiccant will be replaced. The creek stage height directly below the sensor will also be measured and the stage offset value will be updated in the water level sensor. One emergency site visit has been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring Regular maintenance to meteorological stations will be conducted every 12 months. One site visit has been budgeted by CBI to conduct a full inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. One emergency site visit have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. A custom computer program, written by staff at CBI, polls each station every six minutes. During a poll, averaged readings from the datalogger will be requested. The averages are then placed into the CBI database and reported on the station Exhibit "A" Amend. No. 6 Page 3 of 6 webpage so that each value will represent a six minute average. All data stored in the CBI database is publically available on the Internet at http://cbi.tamucc.edu and will be available for retrieval during the duration of the proposal period. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. Instruments will be calibrated based on manufacturer recommendation during which the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post -calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post -calibration records will be available upon request. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including a calibration check of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT-520 Weather Transmitter The Vaisala WXT-520 weather transmitter does not require a regular calibration. However, the replacement part WXT-PTUSP contains calibration data and will be replaced every two years as recommended by the manufacturer for accurate data collection. Campbell Scientific CS475 Radar Water Level Sensor The Campbell Scientific CS475 Radar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the CCUD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory Exhibit "A" Amend. No. 6 Page 4 of 6 until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCUD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCUD and the Nueces River Authority (NRA). The CBI will work with staff at the CCUD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of 14 months (1 August, 2016 through 30 September, 2017) to perform all services necessary to provide environmental monitoring, as described in this proposal. The budget for 1 August, 2016 through 30 September, 2017 is $121,022 and is outlined below. The total amount will be invoiced in equal, monthly installments over the 14 month period of this contract. A new proposal will be provided for each year of continuing service. Exhibit "A" Amend. No. 6 Page 5 of 6 BUDGET SUMMARY TOTAL Salaries & Benefits $68,720 Travel Pool $2,025 Supplies $8,167 Other Expenses (IP modem fee, freight, service warranty) $10,734 Indirect $31,376 TOTAL $121,022 Exhibit "A" Amend. No. 6 Page 6 of 6 Carpus Chr sti Engineering Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017 Council Presentation August 16, 2016 Project Location r Ranch Sue DuIce 1813 NRWQM NRif fQM2 Blunlrr Y _ria Odem NRWQM3=CCMM7 Sinton Taft 1151 iae Grego? 35 ?st Aransas{ Portland Ingleside Irgleside r the Bav ® Corpus Chr Stl Robstrv," CCMM6V VCCMM5 0 OCWLM1V VC M3 YCCMM1 n! CCMM4 Tierra Grande OCWLM2W VCCMM2 Driscoll Petronila OCWLM3V �l FLOUR BLU LEGEND VCorpus Christi Meteorological Monitoring Stations ♦Nueces River Water Quality Monitoring Stations • V Oso Creek Water Level Monitoring Stations Corpus Chr sti Engineering 2 Project Scope Corpus Chr sti Engineering This project originated in August 2011 to better analyze the water quality, water consumption rates with meteorological data. Scope includes services for 13 environmental stations: • Real-time monitoring services; • Regular site visit and maintenance; • Data collection; • Instrumentation calibration; • Routine replacements of parts and equipment; • Collaborative monitoring services with NRA and CCUD Project Schedule Corpus Chr sti Engineering 2016 2017 A S O N D J F M A M J J A Monitoring Services Project Duration: August 2016 to September 2017 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 16, 2016 Action Item for the City Council Meeting of August 23, 2016 DATE: TO: July 28, 2016 Margie C. Rose, City Manager FROM: Gilbert Hernandez, Director, Municipal Court Administration gilberth@cctexas.com (361) 826-2540 Motion to Execute Collection Fee Contract CAPTION: Motion to authorize the City Manager or designee to execute a contract for the collection of delinquent Municipal Court fees, fines and court costs with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP for a fee of 30% of amounts collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendants. This is a one-year contract and may be extended for up to three additional one-year terms. PURPOSE: The Collections Program was established by Article 103.0031 of the Texas Code of Criminal Procedures, followed by City Code of Ordinances Sec. 29-51. This authorizes the Municipal Court to contract with a third -party vendor to perform collections, and add a 30% fee to every case delinquent 60 days or more payable by the defendant. It was established to assist municipal courts with the adjudication of unresolved cases in delinquent status and collections of delinquent fines. BACKGROUND AND FINDINGS: The Municipal Court's current contract with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP expired on September 1, 2011. The contract was approved for a one-year term with the ability to extend for three additional one-year terms upon written request. Verbiage in the contract states "If the City has not awarded a new Municipal Court Collection Services Contract at the end of the contract, the City Manager may extend the contract on a month-to- month basis until a new contract is awarded." At this time, the contract is on a month-to-month basis. ALTERNATIVES: Go through the RFP/RFQ process. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement that authorizes the collection of a 30% fee payable by the defendant and to the vendor, but administered by the court. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: No financial impact is expected due to defendants incurring the 30% delinquent fee RECOMMENDATION: Staff recommends the City Council approve the proposed motion. LIST OF SUPPORTING DOCUMENTS: Corpus Christi Municipal Court Collection Services Contract — Final Form 1295 — Linebarger Goggan Blair Sampson, LLP. CITY OF CORPUS CHRISTI MUNICIPAL COURT COLLECTION SERVICES This Contract for the collection of delinquent Municipal Court fees, fines and court costs, in this Contract called "Contract", is made and entered into by and between the City of Corpus Christi ("City") and Linebarger Goggan Blair & Sampson, LLP ("Contractor"), based upon the consideration and undertaking stated in this Contract, effective for all purposes upon approval by the Corpus Christi City Council and subsequent execution by the City Manager or designee. 1. General Scope of Services. The Contractor shall, for and in consideration of the payment of the sum of money specified in this Contract, perform all duties related to the collection of delinquent Municipal Court fines and court costs which are referred to Contractor for collection, provide all services necessary for the collection of those delinquent Municipal Court fines and court costs, and provide such further services as are outlined in this Contract. 2. Term of the Contract and Termination Clause. a. This Contract is for one year beginning on the date of City Council approval. This Contract may be extended on the same terms and conditions for three additional one-year terms upon the written request of the City Manager or designee, ("City Manager"), sent to Contractor at least 30 days prior to the expiration of the term. b. Either party may terminate this Contract at any time with or without cause by giving 60 days' written notice to the other party. c. If the City has not awarded a new Municipal Court Collection Services Contract at the end of this Contract, or otherwise terminated this Contract, the City Manager may extend this Contract on a month to month basis until a new contract is awarded by City Council, or this Contract is terminated. Notice of termination during any month to month extension is 30 calendar days. 3. Compensation of the Contractor. a. As authorized by Article 103.0031 of the Code of Criminal Procedure, City will turn over to Contractor on or about the first (1st) and fifteenth (15th) of each month by electronic or magnetic medium in the format specified by the City Contract Administrator all delinquent Municipal Court debts and accounts receivables ordered to be paid by the Municipal Court, and amounts in cases in which the accused has failed to appear as required by law, ("Delinquent Accounts"). A Municipal Court debt or account receivable is eligible for referral for collection and considered delinquent on the date it becomes 60 days past due, or 60 days after defendant has failed to appear as required by law. 2 b. The City has established a Municipal Court Collection Fee pursuant to Article 103.0031 of the Texas Code of Criminal Procedure ("Municipal Court Collection Fee") in the amount of 30 percent on each Municipal Court debt and account receivable ordered to be paid by the Municipal Court, and 30 percent on amounts in cases in which the defendant has failed to appear, where the cases are at least 60 days past due and referred to the Contractor for collection. If a Municipal Court judge determines that a defendant is indigent, or has insufficient resources or income, or otherwise unable to pay all or part of the underlying fine and costs, then no Municipal Court Collection Fee shall be charged to defendant. The Municipal Court Collection Fee does not apply to a case that has been dismissed or to any amount that has been satisfied through time -served credit or community service. c. City agrees to pay Contractor as compensation for services required under this Contract the Municipal Court Collection Fees actually collected and paid by defendants to the City during the term of this Contract. Partial payments on cases turned over to the Contractor for collection will be applied proportionately. The City shall pay over said compensation monthly by check. No penalties will be assessed to City for late payments to Contractor. No other compensation will be paid by the City to Contractor. The City is not responsible for postage, telephone charges, or any of Contractor's expenses in performing under this Contract. d. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform additional collection services, at no charge or fee to the City or to Defendant on Delinquent Accounts which are not subject to an additional collection fee under Article 103.0031 of the Code of Criminal Procedure. Specifically, all cases filed on or prior to December 31, 2001 will not be subject to a Municipal Court Collection fee. City Ordinance 024559, effective September 3, 2001, authorized the collection of Municipal Court Collection fees pursuant to Article 103.0031. Subsequent amendments to the City ordinance have continued to authorize Municipal Court Collection fees. Additionally, fees assessed pursuant to Texas Transportation Code §706.006 are not subject to a collection fee. e. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform collection services on delinquent parking citations referred to Contractor for collection at no charge or fee to the City or to Defendant. f. The parties agree that should Article 103.0031 of the Code of Criminal Procedure as amended be repealed or held to be unconstitutional by a court of competent jurisdiction during the term of this Contract so that the City is no longer authorized to collect the Municipal Court Collection Fee, then this Contract shall terminate immediately. g. No funds will be paid to Contractor unless defendant's payment was a res u It of Contractor's actions under this Agreement. For example, if defendant is 3 arrested and is brought to Municipal Court to resolve outstanding cases, no compensation will be paid to Contractor. All payments on delinquent accounts which were referred to Contractor for collection are assumed to be a result of Contractor's actions unless specifically refuted by City. h. If there is a dispute between City and Contractor regarding whether Contractor is due compensation in a particular case, the City will not pay Contractor until issue is resolved between the parties. 4. Collection Goals. The Contractor agrees to work with the Contract Administrator to set reasonable collection goals and meet quarterly with the Contract Administrator to monitor and report on the progress of collection efforts achieved. 5. Scope of Services. a. Contractor shall direct defendants to make all payments directly to the City of Corpus Christi Municipal Court. Contractor shall not collect any monies for the City. Contractor shall instruct defendants that any payments owed on debts and accounts receivable must be made in full to Municipal Court. b. Contractor's collection process must be reviewed and approved by the Contract Administrator, but Contractor shall be responsible for compliance with all laws. c. Contractor shall provide Contract Administrator copy of employee orientation / training manuals, where applicable. Contract Administrator will have review of all correspondence and scripts used by Contractor's collection staff. d. Contractor covenants that the customer service employees handling the City's accounts will be familiar with the City of Corpus Christi Municipal Court requirements for acceptance of fines as provided by the City to Contractor. e. Contractor shall coordinate mail outs with the Contract Administrator. f. At the end of the each year of the Contract, Contractor shall provide a cover letter to City's Contract Administrator with listing of cases that are deemed uncollectible by the Contractor. Contractor shall give its reasons why each case is uncollectible. Contractor shall also inform Contract Administrator of applicable laws which govern disposition of uncollectible court fines. g. Contractor shall maintain a toll free telephone number for customers to call. h. All complaints regarding the collection process will be referred to Contractor for resolution. i. Contractor shall provide notification of all disputes or complaints raised by defendants regarding the collection process within five business days to Contract Administrator, Contractor shall provide Contract Administrator with written or electronic statement of the resolution J. 4 Contractor shall provide new addresses for defendants to Contract Administrator on a monthly basis. 7. Management Reports. a. Contractor shall keep and maintain all required reports and make those reports available to the Contract Administrator at all reasonable times. Contractor agrees to keep such other records and in the form as the Contract Administrator may reasonably require and to make them available at the Contract Administrator's request. b. In particular, Contractor shall provide Municipal Court Director at the end of each calendar year written documentation to indicate uncollected Delinquent Accounts which remain uncollected for at least five years from the date the account was referred to Contractor for collection. 8. Data Transfer. a. City will transfer its Municipal Court case data to Contractor via FTP Internet electronic transfers. Contractor shall provide the Contract Administrator with access to a secured FTP site/server at no cost to the City. b. All data is the property of the City. Contractor shall not release the data without the written approval of the Contract Administrator. Contractor shall return all data to the Contract Administrator within 30 days after termination or expiration of this Contract. c. City shall provide Contractor with the data necessary to collect the fees and fines that are subject to this Contract. Contractor does not assume or accept responsibility for the integrity and/or accuracy of City's data. 9. Notices. All notices required or permitted in this Contract must be in writing and are deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, as follows: If to City: Municipal Court Director P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 886-2515 5 If to Contractor: Linebarger Goggan Blair & Sampson, LLP 500 N. Water, Suite 1111 Corpus Christi, TX 78401 (361) 888-6898 Attn: Paul Daniel Chapa , Partner 10. Compliance with Laws. Contractor and City shall comply with all applicable Federal, State, and City laws and regulations in performing this Contract. Contractor shall file required reports and comply with City conflict of interest provisions. 11. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including authorizations for payment. All of Contractor's notices or communications regarding this Contract must be directed to the Contract Administrator, who is the Municipal Court Director, or designee. 12. Independent Contractor. Contractor shall perform the services under this Contract as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 13. Indemnification. a. Contractor shall release, defend, indemnify and hold harmless the City, its agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, arising out of or in connection with the negligent acts and/or omissions of the Contractor its officers, agents, or employees under this Contract. Contractor is expressly required to defend City against all such claims. The indemnity provision of this contract have no application to any claim or demand which results from the sole negligence or fault of City, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of City and Contractor, responsibility and indemnity, if any, is to be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties to this Contract and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. b. Contractor must be given prompt written notification of any claims, loss, damage, suit or liability of any kind and has the right to defend such action through use of its own counsel. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Contractor in 6 fulfilling its obligation under this Contract to defend and indemnify City, unless such right is expressly waived by City Manager in writing. City reserves the right to provide a portion or all of its own defense, however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain City approved defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract, If Contractor fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. 14. Insurance. Before activities can begin under this Contract, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverage and the fidelity bond to the Municipal Court Director and Risk Manager as required in attached Exhibit A. Additionally, the Certificate must state that the Municipal Court Director will be given at least 30 days' notice of cancellation, material change in the coverage, or intent not to renew any of the policies by certified mail. The City shall be named as an Additional Insured. The City Attomey must be given copies of all insurance policies within 15 days of the City Manager's written request for copies of the insurance policies. Insurance requirements are attached and incorporated as Exhibit A and may be revised annually by the City Manager upon 30 days' written notice to Contractor. 15. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time each budget is adopted. 16. Assignment. This Contract is binding upon the parties, their legal representatives, successors, and assigns. This Contract must not be assigned without prior written consent of the City Council. 17. Venue. The laws of the State of Texas govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Nueces County. Texas and that exclusive venue lies in Nueces County, Texas. 18. Amendments. Except as specifically provided otherwise in this agreement, any alterations, additions, or deletions to the terms of this agreement must be by amendment to this Contract in writing and executed by both parties to this agreement. Modifications which do not change the essential scope and purpose of this Agreement may be approved on behalf of the City by the City Manager or designee. 19. Entirety. The entire Contract of the parties is contained in this Contract and this Contract 7 supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Contract. 20. Severance. The provisions of this Contract are severable. If any paragraph, section, subdivision, sentences, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions does not affect the remaining portions of the law, such decisions does not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party 60 days written notice. 21. Certificate of Interested Parties. Contractor 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 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. 22. Conflict of Interest. Contractor 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 23. Effective Date. The effective date of this Contract is the date of execution by the parties. In witness whereof, the parties have executed this Contract by signature below. Remainder of page intentionally left blank; signature page to follow. EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. CITY OF CORPUS CHRISTI Margie C. Rose City Manager Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) CONTRACTOR Paul aniel Chap Partner Date 9 EXHIBIT A INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Professional Liability $1,000,000 Per Occurrence $2,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS 10 A. 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 claims made basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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 (if applicable) will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 11 H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Municipal Court Collection Services 7/25/2016 gms Risk Management Forms provided by Texas Ethics Commission www.ethics.stato.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: 2016-91474 Date Filed: 07/27/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lineberger Goggan Blair & Sampson, LLP Corpus Christi, TX United States § 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. 27716 Municipal Court Collection Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ x 6 AFFIDAVIT AFFIX Sworn 20 I swear, ora`rat 4 ty peryury, that the above disclosure is true and correct. 0 I.11 tr,,,� DIANA AYARZAGOITIA 4:• . ..,s Notary Public, State of Texas w,. fes; Comm. Expires 03-12-2019 `err; Notary ID 550482-1 Signaure of authorize nt of contracting business entity / C P A\ - this the 7 day of °I , NOTARY gTAMP / SEAL ABOVE to and subscribed before me, by the said ?kut- 1)P�W1EL I (P , to certify which, witness my hand and seal or office. C- bang avzo bl Area Narole r Administer �flc r o ; Signature of officer ad isten� r atji Printed name of officer oath Title of officer admrmstenng oa Forms provided by Texas Ethics Commission www.ethics.stato.tx.us Version V1.0.277 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 16, 2016 Second Reading Ordinance for the City Council Meeting of August 23, 2016 DATE: TO: July 5, 2016 Margie C. Rose, City Manager THRU: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Texas Department of Health Services Community Preparedness Section -Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant and ratifying acceptance of the grant agreement to begin June 10, 2016. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of $200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 2016. PURPOSE: To be used to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease within the service area of the Corpus Christi-Nueces County Public Health District (CCNCPHD) that includes Calhoun County, Victoria County, Aransas County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County, and San Patricio County. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a one-time supplemental grant to the CCNCPHD in the amount of $200,000 to perform activities and purchase equipment in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-12010302SUPP15) under the Grant Title: Hospital Preparedness Program (HPP) and Public Health Emergency Preparedness (PNEP) Cooperative Agreements I PHEP Supplemental for Ebola Preparedness and Response Activities and CFDA # 93.074 from the Centers for Disease Control and Prevention (CDC). ALTERNATIVES: Refuse the grant and not perform activities or purchase equipment to prepare for and respond to an outbreak of EBOLA in the service area. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin June 10, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. 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 200,000.00 200,000.00 Encumbered / Expended Amount This item 200,000.00 200,000.00 BALANCE Fund(s): Health Grants Comments: Grant does not require any type of cash or in-kind match. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-004163-00 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of $200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of State Health Services in the amount of $200,000, for the contract period of June 10, 2016, through June 30, 2017, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease. Section 2: That the grant in the amount of $200,000, is appropriated in the No. 1066 Health Grants Fund to commence the CPS/LRN EBOLA grant in the Health Department. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: Further the City Council ratifies acceptance of the grant to begin as of June 10, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2016-004163-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi-Nueces County Public Health District (City) (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $200,000.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 06/10/2016 and ends on 06/30/2017. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapters 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: CPS/LRN-EBOLA CPS — LRN Ebola Equipment Contracts Page 1 of 12 7. Statement of Work: A. Grantee will perform activities in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-12010302SUPP15) under the Grant Title: Hospital Preparedness Program (HPP) and Public Health Emergency Preparedness (PHEP) Cooperative Agreements / PHEP Supplemental for Ebola Preparedness and Response Activities and CFDA # 93.074 from the Centers for Disease Control and Prevention (CDC). B. Grantee will use Ebola preparedness and response supplemental funding to purchase equipment approved by the Texas Department of State Health Services (hereinafter referred to as "DSHS" or "Department" or "System Agency") to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease. For the Ebola Supplemental Funds there is not a match requirement. C. Grantee will initiate the purchase of approved equipment as detailed in this Contract's Equipment Category Detail page of the approved budget within the first six (6) months of the effective date of this Contract. D. Grantee will collaborate with the healthcare sector by participating in regional healthcare coalitions. Grantee will coordinate activities with the healthcare sector in Grantee's jurisdictions, as well as with other state -funded public health programs and those of other agencies to promote cross -cutting and coordinated activities while limiting duplication. E. Grantee will comply with new biological laboratory requirements in accordance with the revised CDC policy for LRN-B Reference Level Laboratories. F. Grantee will address the following public health preparedness capabilities: 1. Capability 1 -- Community Preparedness is the ability of communities to prepare for, withstand, and recover — in both the short and long terms — from public health incidents. 2. Capability 4 — Emergency Public Information and Waming is the ability to develop, coordinate, and disseminate information, alerts, warnings, and notifications to the public and incident management responders. 3. Capability 6 — Information Sharing is the ability to conduct multijurisdictional, multidisciplinary exchange of health-related information and situational awareness data among federal, state, local, territorial, and tribal levels of government, and the private sector. This capability includes the routine sharing of information as well as issuing of public health alerts to federal, state, local, territorial, and tribal levels of government and the private sector in preparation for and in response to events or incidents of public health significance. 4. Capability 10 — Medical Surge is the ability to provide adequate medical evaluation and care during events that exceed the limits of the normal medical infrastructure of an affected community. It encompasses the ability of the healthcare system to survive a hazard impact and maintain or rapidly recover operations that were compromised. 5. Capability 11 — Non -Pharmaceutical Interventions is the ability to recommend to the applicable lead agency (if not public health) and implement, if applicable, strategies for disease, injury, and exposure control. Strategies include the following: isolation and quarantine; restrictions on movement and travel advisory/warnings; social distancing; external decontamination; hygiene; and precautionary behaviors. 6. Capability 12 — Public Health Laboratory Testing is the ability to conduct rapid and conventional detection, characterization, confirmatory testing, data reporting, investigative support, and laboratory networking to address actual or potential exposure to all -hazards. Hazards include chemical, radiological, and biological, and biological agents in multiple matrices that may include clinical samples, food, and environmental samples (e.g., water, air, and soil). This capability supports routine surveillance, including Page 2 of 12 pre -event incident and post -exposure activities. 7. Capability 13 — Public Health Surveillance and Epidemiological Investigations is the ability to create, maintain, support and strengthen routine surveillance and detection systems and epidemiological investigation processes, as well as to expand these systems and processes in response to incidents of public health significance. G. Grantee will coordinate all risk communication activities with the DSHS Communications Unit by using DSHS's core messages posted on the DSHS website, and submitting copies of draft risk communication materials to DSHS for coordination prior to dissemination. H. If applicable, Grantee will develop, implement, and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract, including partial full-time employees and temporary staff. I. Grantee will submit programmatic reports as directed by DSHS in a format specified by DSHS. Grantee will provide DSHS other reports, including financial reports, and any other reports that DSHS determines necessary to accomplish the objectives of this contract and to monitor compliance. J. Grantee will submit the Financial Status Report (FSR -269A) on a quarterly basis. K. In the event of an infectious disease outbreak involving a portion of the state, Grantee will mobilize and dispatch staff or equipment purchased with funds from previous Public Health Emergency Preparedness cooperative agreements and which are not performing critical duties in the jurisdiction served, to the affected area of the state upon receipt of a written request from DSHS. L. In the event of another local, state, or federal emergency, Grantee has the authority to utilize approximately five percent of Grantee's staffs time supporting this Contract for response efforts. DSHS shall reimburse Grantee up to five percent of this Contract funded by CDC for personnel costs responding to an emergency event. Grantee shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Grantee shall notify the Assigned Contract Manager in writing when this provision is implemented. M. For the purposes of this Contract, the Grantee may not use funds for research, clinical care, the purchase of furniture, fund-raising activities or lobbying, construction or major renovations, for reimbursement of pre -award costs, to supplant existing state or federal funds for activities, payment or reimbursement of backfilling costs for staff, purchase of vehicles of any kind, funding an award to another party or provider who is ineligible. N. Grantee will comply with all applicable federal and state laws, rules, and regulations, standards, and guidelines including, but not limited to, the following: 1) Public Law 107-188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002; 2) Public Law 113-05, Pandemic and All -Hazards Preparedness Reauthorization Act; and 3) Texas Health and Safety Code Chapter 81. 0. Grantee will inform DSHS in writing if Grantee will not continue performance under this Contract within thirty days of receipt of an amended standard(s) or guideline(s). DSHS may terminate this Contract immediately or within a reasonable period of time as determined by DSHS. P. This Contract is authorized by and in compliance with the provisions of Texas Government Code Page 3 of 12 Chapter 791 or 771, as applicable. I. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in this statement of work and compliance with the Contract's terms and conditions. II. INVOICE AND PAYMENT A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http:ffwww.dshs.state.tx.us/grants/forms.shtm. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices@dshs.state.tx.us B-13: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us Support Document: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us FSR: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us & FSRGrants@dshs.state.tx.us B. Grantee will be paid on a monthly basis and in accordance with the Budget attached to this Contract. C. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfall. DSHS Program will monitor Grantee's expenditures on a quarterly basis. If expenditures are below that projected in Grantee's total contract amount, Grantee's award may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. D. Grantee will not exceed the total amount of this Contract without DSHS prior approval, which will be evidenced by the Parties executing a written amendment. Page 4 of 12 8. Service Area Calhoun County, Victoria County, Aransas County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County, San Patricio County Page 5 of 12 This section intentionally left blank. Page 6 of 12 10. Procurement method: Non -Competitive GST -2016 -Solicitation -00076 Interagency/Interlocal RLHS FY16 CPS/LRN-EBOLA NEW CONTRACT LHD 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 06/30/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.074 14. DUNS Number: 069457786 Page 7 of 12 15. Programmatic Reporting Requirements: Report Name Financial Status Report Financial Status Report Financial Status Report Financial Status Report Submission Instructions: Frequency Quarterly Quarterly Quarterly Final Period Begin 06/10/2016 09/0112016 12/01/2016 03/01/2017 Period End 08/31/2016 11/30/2016 02/2812017 06/3012017 Due Date 09/30/2016 12/30/2016 03/30/2017 08/15/2017 Contractors are required to provide specific information to have an acceptable e -signature. The name and title of the certifying official must be printed in the designated areas at the bottom of the FSR. The e-mail with the FSR attached must then be sent by the certifying official name as stated on that FSR. Anything else will not be accepted. FSR: invoices@dshs.state.tx.us & Php.vouchersupport@dshs.state.tx.us & FSRGrants@dshs.state.tx.us Page 8 of 12 16. Special Provisions The Parties agree to the following changes to DSHS FY 2016 General Provisions (Core/Subrecipient). Special Provisions A. General Provisions, Section 2.08(a), Applicability of General Provisions to Interagency and Interlocal Contracts, is deleted it in its entirety and replaced with the following language: a. The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: L Hold Harmless and Indemnification, Section 14.17; ii. Independent Contractor, Section 13.05 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); iii. Insurance, Section 14.22; iv. Liability Coverage, Section 25.03; v. Fidelity Bond, Section 25.02; vi. Historically Underutilized Businesses, Section 13.02 (Contractor, however, will comply with HUB requirements of other statutes and rules specifically applicable to that entity); vii. Debt to State and Corporate Status, Section 4.01; viii. Application of Payment Due, Section 4.02; and ix. Article XVI Claims against the Department (This Article is inapplicable to interagency contracts only). B. General Provisions, Article III. Services, Section 3.02 Disaster Services, is revised to add the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Contract for response efforts. DSHS shall reimburse Contractor up to 5% of this Contract funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. C. General Provisions, Payment Methods and Restrictions, Article V, Section 5.01 is revised to include the following: Contractor may request a one-time working capital advance not to exceed 12% of the total amount of the Contract funded by DSHS. All advances must be expended by the end of the contract term. Advances not expended by the end of the contract term must be refunded to DSHS. Contractors will repay all or part of advance funds at any time during the Contract's term. However, if the advance has not been repaid prior to the last three months of the Contract term, the contractor must deduct at least one-third of the remaining advance from each of the last three months' reimbursement requests. If the advance is not repaid prior to the last three months of the Contract term, DSHS will reduce the reimbursement request by one-third of the remaining balance of the advance. D. General Provisions, Final Invoice/Billing Submission, Section 5.03 is modified to provide that Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2016. E. General Provisions, Access and Inspection Article X, Section 10.01 is revised to add the following: Page 9 of 12 In addition to the site visits authorized by this Article of the General Provisions, Contractor will allow DSHS to conduct on-site quality assurance reviews of Contractor. Contractor will comply with all DSHS documentation requests and on-site visits. Contractor will make available for review all documents related to the Contract, upon request by the DSHS Program staff. F. General Provisions, Program Equipment and Supplies Article XXII, Section 22.01, is revised as follows: All equipment and supplies must be received by Contractor no later than forty-five (45) calendar days following the end of the Contract term. Page 10 of 12 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-004163-00 b. General Provisions 2016 General & Grant Subrecipient Additional Provisions (LHD) c. Attachments Budget d. Declarations e. Exhibits Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services By: Signature of Authorized Official Corpus Christi-Nueces County Public Health District (City) By: Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 78756-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 11 of 12 Budget Summary Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number: 2016-004163-00 Budget Categories Program ID: CPS/LRN-EBOLA Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $0.00 $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Equipment $144,211.00 $0.00 $0.00 $144,211.00 Supplies $3,935.00 $0.00 $0.00 $3,935.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $51,854.00 $0.00 $0.00 $51,854.00 Total Direct Costs $200,000.00 $0.00 $0.00 $200,000.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $200,000.00 $0.00 $0.00 $200,000.00 Page 12 of 12 blflLUlb Inteiiiurants 1 AUSI1 - Document rage -_ 'TEXAS Department of State Health Services My Home My Contracts My Invoices My Archives Document Information. RL D-11,00005, 7a!ai You are here: > Contracting Menu > forms Menu CERTIFICATION REGARDING LOBBYING Organization Name Corpus Christi-Nueces County Publir. Health District (City) Contract Number: 2016.004163.00 For contracts greater than 5100,000, th s attachment Is appl cable and must be signed as part of the contract agreement CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of Ns ar her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement. the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form -11. "Disclosure Form to Report Lobbying,' in accordance with its instructions (3) The undersigned shall require that the language of this certification be included In the award documents for all subawards at all tiers (including subcontracts. subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Applicable Non -Applicable Signature of Authorized Individual Navigation Links Date CHECK GLOBAL ERRORS Status Page Name Note Created By Last Modified By 121 Cr;rti"ic ,isnRL f)iflaL;;b ysri 12) Fiscal Federal Funding Accountability and Transparency Act IFFATAI Certification • Signature Page General Provisions (LHDt • Contract Print hHnc•Ilonrantc riche lavac rvw,lrlFvprlOa.+o7 acne s ,nlf1=1AG7�AR,nr,Alfl=7rv17r1 od4r2u i a Intemurants I Auort - uocument rage TEXAS fr Department of State Health Services My Home My Contracts My Invokes My Archives CHECK GLOBAL ERRORS Back Document Information ISL i :2 1r_•EE+_Li-Q• Q3 petal's You are here: > Contragtina Menu x• Forms Menu FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS rel'es when reporting information to the federal government required under federal law If the Department later determ.nes that the Contractor knowingly rendered an erroneous certification. DSHS may pursue all ava table remedies in accordance with Texas and U.S. law Signor further agrees that it will provide immediate written notice to DSHS if at any time S gnor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances H the Signor cannot certify all of the statements contained In this section, Signor must provide written notice to DSHS detailing which of the below statements II cannot certify and why Organization Name Corpus Christi-Nueces County Public Health District (City) Address 1702 Horne Road City Corpus Christi State Texas Tip Code (9 dig t) 78416 Payee Name City of Corpus Christi Address PO BOX 9277 City Corpus Christi State TX Zip Code (9 digit) 78469-9277 vendor Identification No. 17460005741 MaIICode 027 Payee DUNS No " ± 069457786 1. Did your organization have a gross income, from all sources, of more than $300,000 in your previous tax year? ' Yes No Identify contact persons for FFATA Correspondence. ' FFATA Contact Person #1 Name° Email' Telephone" FFATA Contact Person #2 Name' Email' Telephone° As the authorized representative of the Organization, I hereby certify that the statements made by me in this certification form ere true, complete and correct to the best of my knowledge. E -Signature Navigation Links Date Status Page Name Note Created By Last Modified By Li ri t > tion R . elfin . L hHna'llanranle rtchc far= evvarthiertPnr.eg =nv7mmnirlaincatot airla7Sd a 1 r'S Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE I CONTRACT COMPONENTS 4 SECTION 1.01 CONTRACT COMPONENTS 4 SECTION 1.02 ORDER OF PRECEDENCE 4 ARTICLE II COMPLIANCE AND REPORTING 4 SECTION 2.01 COMPLIANCE 4 SECTION 2.02 PRECEDENCE OF CONTRACT TERMS 4 SECTION 2.03 EFFECT OF LEGISLATIVE CHANGES 4 SECTION 2.04 COMPLIANCE WITH REQUIREMENTS OF SOLICITATION DOC1i\IEIr"r 4 SECTION 2.05 REPORTING 4 SECTION 2.06 APPLICABLE CONTRACTS LAW AND VENUE FOR DISPUTES 4 SECTION 2.07 STATUTES AND STANDARDS OF GENERAL APPLICABILITY 4 SECTION 2.08 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCT AND INTERLOCAL CONTRACTS 6 SECTION 2.09 CIVIL RIGHTS POLICY AND COMPLAINTS 7 SECTION 2.10 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 SECTION 2.11 FUNDING OBLIGATION 7 SECTION 2.12 WHISTLEBLOWER ACT PROTECTION 7 ARTICLE II1 SERVICES 7 SECTION 3.01 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 SECTION 3.02 DISASTER SERVICES 8 SECTION 3.03 CONSENT TO MEDICAL CARE OF A MINOR 8 SECTION 3.04 TELEMEDICINEITELEPSYCHIATRY MEDICAL SERVICES 8 SECTION 3.05 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY 9 ARTICLE IV FUNDING 9 SECTION 4.01 DEBT TO STATE AND CORPORATE STATUS 9 SECTION 4.02 APPLICATION OF PAYMENT DUE 9 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 9 SECTION 5.01 PAYMENT METHODS 9 SECTION 5.02 INVOICE/BILLING SUB\IISSION 9 SECTION 5.03 FINAL INVOICE/BILLING SLB\IISSION 10 SECTION 5.04 THIRD PARTY PAYORS 10 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 10 SECTION 6.01 PROMIPTPAYMENT 10 SECTION 6.02 PAYMENT BY DEPARTMENT 10 SECTION 6.03 WITHHOLDING PAYMENTS 11 ARTICLE VII CONFIDENTIALITY 11 SECTION 7.01 MAINTENANCE OF CONFIDENTIALITY 11 SECTION 7.02 DEPARTMENT ACCESS TO PHI AND OTHER CONFIDENTIAL INFORMATION 11 SECTION 7.03 EXCHANGE OF CLIENT -IDENTIFYING INFORMATION 11 SECTION 7.04 SECURITY OF PATIENT OR CLIENT RECORDS 11 SECTION 7.05 HIV/AIDS MODEL WORKPLACE GUIDELINES 12 General Provisions (September 1, 2015) 1 ARTICLE VIII PUBLIC INFORMATION ACT 12 SECTION 8.01 TEXAS PUBLIC INFORMATION ACT 12 ARTICLE IX RECORDS RETENTION 12 SECTION 9.01 RETENTION 12 ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS 12 SECTION 10.01 ACCESS AND INSPECTION 13 SECTION 10.02 STATE AUDITOR'S OFFICE 13 SECTION 10.03 RESPONDING TO DEFICIENCIES 13 ARTICLE X1 REPORTING REQUIREMENTS 13 SECTION 11.01 CHILD ABUSE REPORTING REQUIREMENT 13 SECTION 11.02 SIGNIFICANT INCIDENTS 14 SECTION 11.03 LITIGATION 14 SECTION 11.04 CONTRACT OR LICENSE ACTION AGAINST THE CONTRACTOR 14 SECTION 11.05 INSOLVENCY 14 SECTION 11.06 PERFORMANCE MALFEASANCE 14 SECTION 11.07 CRIMINAL ACTIVITY AND DISCIPLINARY ACTION 15 SECTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 DOCUMENTATION 15 ARTICLE XII ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SEcrioN 12.02 CHILD SUPPORTDELINQUENCIEs 16 SECTION 12.03 AUTHORIZAT1oN 16 SECTION 12.04 GIFTS AND BENEFITS PROHIBITED 16 SECTION 12.05 INELIGIBILITY TO RECEJVE THE CONTRACT 16 SECTION 12.06 ANTITRUST 17 ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR 17 SECTION 13.01 PROGRAM SITE 17 SECTION 13.02 HISTORICALLY UNDER1 TILIZED BUSINESSES (HUBS) 17 SECT1oN 13.03 Buy TEXAS 17 SECTION 13.04 STATUSOFSI;BCONTRACTORS 17 SECTION 13.05 INDEPENDENTCONTRACTOR 18 SECTION 13.06 TAX LIABILITY 18 SECTION 13.07 NOTICE OF ORGANIZATIONAL CHANGE 18 SECTION 13.08 No ENDORSEMENT 18 SECTION 13.09 E -VERIFY SYSTEM 18 ARTICLE XIV GENERAL TERMS 18 SECTION 14.01 ASSIGNMENT 18 SECTION 14.02 LOBBYINC 19 SECTION 14.03 CONFLICT OF INTEREST 19 SECTION 14.04 TRANSACTIONS BETWEEN RELATED PARTIES 20 SECTION 14.05 INTELLECTUAL PROPERTY 20 SECTION 14.06 OTHER INTANGIBLE PROPERTY 21 SECTION 14.07 SEVERABILITY AND AMBIGUITY 21 SECTION 14.08 LEGAL NOTICE 21 SECTION 14.09 SUCCESSORS 21 SECTION 14.10 SURVIVABILITY or TERMS 21 General Provisions (September 1, 2015) 2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SEc rIoN 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SECTION 16.02 SECTION 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 ARTICLE XVIII SECTION 18.01 SECTION 18.02 SECTION 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECTION 19.04 SECrIoN 19.05 CUSTONIER SERVICE INFORMATION 21 AMENDMENT 21 CONTRACTOR'S NOTIFICATION or CHANGE OF CONTACT PERsoN OR KEY PERSONNEL 21 UNILATERAL AMENDMENT 21 INTERIM EXTENSION AMENDMENT 22 IMMUNITY NOT WAIVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITY STANDARDS 22 FORCE MAJEURE 24 COOPERATION AND COMMUNICATION 24 INSURANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 25 ACTIONS CONSTITUTING BREACH OF CONTRACT 25 GENERAL REMEDIES AND SANCTIONS 25 NOTICE OF REMEDIES OR SANCTIONS 26 EMERGENCY ACTION 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE 27 BREACH of CONTRACT CLAIM 27 NOTICE 27 PERFORMANCE NOT SUSPENDED 27 TERMINATION AND TEMPORARY SUSPENSION 27 EXPIRATION OF CONTRACTOR PROGRAM ATTACHMENTS 27 EFFECT OFTERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHOUT CAUSE 27 I,MMEDIATETERMINATION 28 TERMINATION FOR CAUSE 28 NOTICE OF TERMINATION 28 VOID, SUSPENDED AND TERMINATED CONTRACTS 28 VOID CONTRACTS 28 EFFECT OF VOID, SUSPENDED, OR INVOLUNTARILY TERMINATED CONTRACT 28 APPEALS RIGHTS FOR DSHS FUNDED BLOCK GRANTS 28 CLOSEOUT 28 CESSATION OF SERVICES AT CLOSEOUT 28 ADMINISTRATIVE OFFSET 29 DEADLINE FOR CLOSEOUT 29 PAYMENT OF REFUNDS 29 DISALLOWANCES AND ADJUSTMENTS 29 General Provisions (September 1, 2015) 3 ARTICLE I CONTRACT COMPONENTS Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a. The Contract, including any applicable Program Attachment(s); The Department of State Health Services Fiscal Year 2016 General Provisions (General Provisions) and if applicable; c. The solicitation document, if applicable; and d. The response, proposal or application submitted by Contractor in response to the solicitation document, if applicable. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict shall be resolved in the above order of priority in Section 1.01. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance. Contractor shall comply and require its subcontractor(s) to comply with the requirements of these general provisions and all other applicable state and federal statutes, regulations, rules and executive orders, as such statutes, regulations, rules and executive orders including as such statutes, regulations, rules and executive orders may be amended. Section 2.02 Precedence of Contract Terms. To the extent this Contract imposes a higher standard or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of the contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compliance with Requirements of Solicitation Document. If applicable and except as specified in these General Provisions or the Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the contract or upon request may constitute a breach of contract, result in delayed payment and/or the imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable General Provisions (September 1, 2015) 4 to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; 5. Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1 101 et seq., relating to drug abuse; 12. Public Health Service Act of I912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Lawl 13-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) 5 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; , 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; n. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; 0. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.01; General Provisions (September 1, 2015) 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: 1. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Policy and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (MSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten calendar days after Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 515` Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 HHSCivil Ri ehtsOffice'u'hhsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 2.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction shall include instructions and detailed information on how DSHS shall fund the services and/or goods to be procured with the restricted or reduced funds. Section 2.12 Whistleblower Act Protection. This Contract is required to include the Whistleblower Protection Acts (See Section 2.07(v)) protections to grantees, their subgrantees and subcontractors, and contractor must inform their employees of whistleblowers' rights and remedies. The requirement is in effect for all grants, contracts, subgrants, and subcontractors issued beginning July 1, 2013 through January 1, 2017. ARTICLE III SERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and are 22 years of age or younger, have access to educational services as required by Texas Education Code § 29.012. General Provisions (September 1, 2015) 7 Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, in the most cost-effective, and least intrusive manner to Contractor's primary services. Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32 relating to consent to treatment of a child by a non -parent or the child or other state law. If requirements of federal law relating to consent directly conflict with this Chapter, then federal law supersedes state law. Section 3.04 Telemedicine/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses tclemedicineitelepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing_telemedicinc service must include the following requirements: a. Clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; II Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and General Provisions (September 1, 2015) 8 i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Contractor shall identify and document on the client records the primary languageadialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. a. Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, ifa corporation, certifies by execution of this Contract that it is current and shall remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with the Secretary of State's office. c. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract shall be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed price or a specified) or fee for service (delivery of a specified unit of service) as stated in the Contract. Section 5.02 Invoice/Billing Submission. General Provisions (September 1, 2015) 9 a. Contractor shall bill the Department in accordance with the Contract in the form and format prescribed by DSHS. If applicable, the Contractor must submit of all required documentation, reports, forms and/or deliverables in order to receive payment from the Department. b. Unless otherwise specified in the Contract or permitted under the Third Party Payors (Sec Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following the end of the month covered by the bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final InvoiceBilling Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 45 calendar days following the end of the term of the Contract. Section 5.04 Third Party Payors. Except as provided in this Contract, Contractor shall screen all clients and may not bill the Department for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Contractor shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; c. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department shall pay Contractor. Payments are contingent upon a signed Contract and shall not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, and.lor product has been authorized by the Department and performed or provided pursuant to this Contract. If these conditions are met, Department shall make payment in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251). Contractor acknowledges and agrees that it shall comply with the provisions in the Texas Prompt Payment Act regarding its prompt payment of its financial obligations to its subcontractors. Section 6.02 Payment by Department. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance nor foreclose the right of the Department and HHSC to recover excessive or illegal payments. All invoices and Contractor's performance are subject to review and audit by the Department. General Provisions (September 1, 2015) 10 Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset overpayments that Contractor has not refunded to Department. Department may take repayment from funds due to the Contractor for services performed or goods delivered in amounts necessary to fulfill Contractor's repayment obligations. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state law, rules and regulations, including but not limited to: a. 7 Code of Federal Regulations (CFR) Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); b. Texas Health and Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any othcr applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Parties, is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to the Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(l3), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any othcr applicable federal or state laws, rules or regulations. Contractor shall disclose information described in Texas Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records are managed in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Contract to General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 11 this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Contract to this Contract, as applicable or if care or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV AIDS (human immunodeficiency virus:acquired immunodeficiency syndrome), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-1 14. A link to the Model Workplace Guidelines can be found at: http:lwww.dshs.state.tx.us/hivstd/policy/policics.shtm ARTICLE VIII PUBLIC INFORMATION ACT Section 8.01 Texas Public Information Act. The Contractor understands that DSHS shall comply with the Texas Public Information Act (Texas Government Code Chapter 552). If the Contractor is not a state agency, institution of higher education or other governmental entity, then the Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE IX RECORDS RETENTION Section 9.01 Retention. a. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall maintain all records, including but not limited to financial that are generated or collected by Contractor under the provisions of this Contract for a period of four years after the termination of this Contract. b. If the federal retention period for services arc funded through Medicaid is more than four years, then the Contractor will retain the records for longer period of time. c. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit arc resolved. d. Contractor shall retain medical records in accordance with 22 TAC § 165.1(b) or other applicable statutes, rules and regulations governing medical information. e. Contractor shall include this provision concerning records retention in any subcontract it awards. f. Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. g. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 12 Section 10.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at HHSC (OIG) and the State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 10.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of thc authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds shall apply to Contract funds disburscd by Contractor to its subcontractors, and. Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to thc satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance (See Article XV). ARTICLE XI REPORTING REQUIREMENTS Section 11.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: a. Human Immunodeficiency Virus/Sexually Transmitted Diseases (HIV/STD); b. Family Planning; c. Primary Health Care; d. Maternal and Child Health; and e. Women, Infants and Children (WIC) Nutrition Services. All Contractors shall comply with child abuse reporting guidelines and requirements in Texas Family Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 13 Contractor shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.usichildabusereporting as required by the Department. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. This section is in addition to and does not supersede any other legal obligation of the Contractor to report child abuse. Section 11.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Contract significant incidents involving substantial disruption of Contractor's program operation or affecting or potentially affecting the health, safety or welfare of Department funded clients or participants within 72 hours of discovery. Section 11.03 Litigation. Contractor shall notify the contract manager assigned to this Contract of litigation related to or affecting this Contract and to which Contractor is a party within seven calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, which includes but is not limited to environmental and civil rights matters, professional liability and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 11.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the contract if Contractor has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three working days of the suspension or termination. Such notification must include the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. If Contractor has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information within three working days of the surrender, suspension or revocation to the contract manager assigned to the Contract by submitting a one- page description that includes the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 11.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Contract of Contractor's insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three working days of the date of determination that Contractor is insolvent or incapacitated or the date Contractor discovered an unpaid obligation to the IRS or TWC. The Contractor shall also notify in writing the contract manager assigned of its plan to seek bankruptcy protection within three working days of such action by Contractor. Section 11.06 Performance Malfeasance. Contractor shall report to the contract manager assigned to the Contract any knowledge of debarment, suspected fraud or unlawful activity related to performance under this Contract. Contractor shall make such report no later than three working days from the date that Contractor has General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 14 knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act (31 U.S.C. §§3729-3733) or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http:,'?sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http;,'`/www.oig.hhs.govifraud/hotlinci_no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. a. Contractor affirms that Contract nor any no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime, b. Contractor shall report in writing the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor: 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A-1), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 15 c. It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d. It is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e. It is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f. That no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g. Neither it, nor its principals have within the three year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h. Neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses in subsection (g) above; and i. Neither it, nor its principals within a three year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Contract. Also, if Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Contract. Section 12.02 Child Support Delinquencies. As required by Texas Family Code § 231.006, a child support obligor who is more than 30 calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25°0 is not eligible to receive payments from state funds under a contract to provide property materials, or services or receive a state - funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 12.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and if applicable, a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 12.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 12.05 Ineligibility to Receive the Contract. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 16 a. Pursuant to Texas Government Code § 2155.004 and federal law, Contractor is ineligible to enter into this Contract with the Department if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor nor its employees nor anyone acting for Contractor has received compensation from DSHS for participation in the developing, drafting or preparation of specifications, requirements or statements of work for this Contract or in the Solicitation Document associated with this Contract. b. Pursuant to Texas Government Code §§ 2155.006 and 2261.053, Contractor is ineligible to enter into this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005. c. Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Texas Government Code §§ 2155.004, 2155.006 or 2261.053 and acknowledges that this Contract may be terminated and payment withheld if these certifications arc inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, et seq., and Texas Business & Commerce Code § 15.01, et seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 et seq. Contractors may obtain a list of HUBS at http:/iwwvv.window.state.tx.us/ rocureent/o mrogthub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15'h day of each month for the prior month's activity, if there was any such activity in accordance with 34 TAC § 20.16(c). Section 13.03 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Texas Government Code § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 2015) 17 are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; c. Not ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract (Assurances and Certifications Article) or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article); and f. Not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three years any license issued by the Department. Section 13.05 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents shall not be eligible for unemployment compensation from the Department or the State of Texas. Section 13.06 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department shall not enter into a contract with Contractor for three years from the date of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, organizational structure, such as merger, acquisition or change in form of business, legal standing or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the amendment provisions in Article XIII. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors arc prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website link in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E - Verify system to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September 1, 2015) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352). b. If at any time this Contract exceeds S100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure: 1. At thc time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Contract. Contractor shall include this provision in any subcontracts. Section 14.03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of thc principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2015) 19 Section 14.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transaction between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform under this Contract. Contractor shall comply with Texas Government Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. "Intellectual property" is created property that may be protected under copyright, patent, or trademark/service mark law. b. For purposes of this Contract, intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is a "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. c. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. d. If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes: 1. Copyright in any intellectual property developed under this Contract including any subcontract; and 2. Any rights of copyright to which a Contractor purchases ownership with contract funds. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2015) 20 e. If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Contract. Section 14.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs or software licenses with a value of $500 or more. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 14.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 14.10 Survivability of Terms. Termination or expiration of this Contract or a Contract for any reason shall not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed shall survive any such termination or expiration or remain to be performed, including but not limited to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Texas Government Code Chapter 2114 regarding Customer Service surveys. Section 14.12 Amendment. All amendments to this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification for the request, to the contract manager assigned to the Contract. Section 14.13 Contractor's Notification of Change of Contact Person or Key Personnel. Within ten calendar days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Contractor's Contact Personnel or Key Personnel, if included in their response to a solicitation document. Section 14.14 Unilateral Amendment. The Department reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten days notice prior to execution of the amendment under the following circumstances to: a. Correct an obvious clerical error in this Contract; b. Incorporate new or revised federal or state laws, regulations, rules or policies; and General Provisions (September 1, 2015) 21 c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written notice of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the interim extension amendment that specifics the reason for it and period of time for the extension. d. Contractor will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(l) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by HHS/DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (E1R) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees arc required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September 1, 2015) 22 Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with thc Accessibility Standards as they exist at the time of entering thc Agreement, unless and to the extent thc Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Contractor becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties arc essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. c. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other party as soon as practicable. This Party must also submit written notice with proof of receipt of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 14.21 Cooperation and Communication. Contractor shall cooperate with Department staff and as applicable, other DSHS contractors and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. Section 14.22 Insurance. Contractor shall acquire and maintain for the duration of this Contract, insurance and with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2015) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a. Failure to properly provide the services and/or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply with all applicable statutes, rules or regulations; c. Failure to pay refunds or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Department; e. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; f. Any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or g. Contractor is on or is added to the Excluded Parties List System (EPLS). Section 15.02 General Remedies and Sanctions. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a. Terminate this Contract by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants; b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVII; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor; f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department's determination that this Contract was obtained Fraudulently, or was illegal or invalid from this Contract's inception and demand repayment of any funds under this Contract; General Provisions (September 1, 2015) 25 h. Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-funded clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; 1. Withhold any payment to Contractor to satisfy any recoupment imposed by DSHS and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; m. Reduce the Contract term; n. Recoup improper payments when Contractor has been overpaid for reasons such as payments arc not supported by proper documentation, improper billing or failure to comply with Contract terms; and o. Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule. Section 15.03 Notice of Remedies or Sanctions. a. Department shall formally notify Contractor in writing when a remedy or sanction is imposed, stating the nature of the remedies and sanction, the reasons for imposing them, the corrective actions, if any, that must be taken before the actions shall be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies or sanctions imposed. b. Other than in the case of repayment or recoupment, Contractor is required to file, within 15 calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. c. If requested by the Department, the written response must state how Contractor shall correct the noncompliance by agreeing to a corrective action plan or demonstrate in writing that the findings on which the remedies or sanctions are based are either invalid or do not warrant the remedies or sanctions. If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's final decision. d. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September 1, 2015) 26 Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case- by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.01 Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC §§4.11-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 16.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 are being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a notice of claim fled by the Contractor constitutes grounds for the suspension in whole or part of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article and in the Contract. c. A Program Attachment's term cannot extend past the Contract term in its associated Contract. Section 17.02 Effect of Termination or Expiration. a. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safc transfer of responsibilities under this Contract or Program Attachment, as applicable to DSHS or another entity designated by DSHS. b. Upon termination of all or part of this Contract, Department and Contractor shall be discharged from any further obligation created under the applicable terms of this Contract or Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS and, except as provided in the Survivability of Terms section of the General Terms Article. c. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. Section 17.03 Termination or Temporary Suspension Without Cause. General Provisions (September 1, 2015) 27 a. Either Party may terminate this Contract or Program Attachment, as applicable with at least 30 calendar days prior written notice to the nonterminating Party. b. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. c. The Parties can agree to terminate by mutual agreement. DSHS may temporarily suspend or terminate this Contract or Program Attachment, as applicable if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or HHSC agencies, amendments to the Appropriations Act, health and human services consolidations or any other disruption of current appropriated funding for this Contractor Program Attachment. Contractor shall be notified in writing of any termination or temporary suspension and of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor will discontinue performance under the Contract as of the effective date of the suspension for the duration of the suspension. Section 17.04 Immediate Termination. Department may immediately terminate this Contract or Program Attachment, as applicable, when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 17.05 Termination For Cause. Department may terminate this Contract, in whole or in part, for breach of contract by providing 10 calendar days written notice to Contractor. Section 17.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. Notice of termination is effective when it is received by the non -terminating party. ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS Section 18.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 18.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, is suspended or is terminated for cause is not eligible for any renewal or increase of funding for an existing contract or new contracts or renewals until in the case of suspension or termination the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void any amount paid to the Contractor is subject to recoupment by DSHS. Section 18.03 Appeals Rights for DSHS Funded Block Grants. Pursuant to Texas Government Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Texas Government Code Chapter 2001. ARTICLE XIX CLOSEOUT Section 19.01 Cessation of Services at Closeout. Upon expiration or termination of this Contract or Program Attachment, as applicable, Contractor shall stop providing services or the delivery of goods under this Contract and if necessary, shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. General Provisions (September 1, 2015) 28 Contractor shall not bill DSHS for services performed or goods delivered after termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days after the Contract or Program Attachment, if applicable, has terminated. Section 19.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within the time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 2015) 2� 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSHS GENERAL PROVISIONS ,,,,,,, ..„31 ARTICLE XXI PROGRAM OPERATIONS 31 Section 21.01 Client Financial Eligibility 31 Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. , ,,, .... ..... „ .... . ....... 31 Section 21.03 Incorporation of Terms in Subrecipient Subcontracts 31 Section 21.04 Quality Management " A 32 Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. „ 32 Section 21.07 Direct Operation. 33 ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES ..33 Section 22.01 Equipment. ... .......... „.33 Section 22.02 Equipment List. 33 Section 22.03 Supplies. 34 Section 22.04 Property Inventory and Protection of Assets. 34 Section 22.05 Assets as Collateral Prohibited. 1.1..e,mi4 F. . ... .., .... „.....34 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS 34 Section 23.01 Use of Funds . .... . 1 . 9.I. il. i F if i F i .... ... 34 Section 23.02 Use for Match Prohibited 34 Section 23.03 Program Income. ... .. 35 Section 23.04 Nonsupplanting 35 Section 23.05 Payment Methods 35 Section 23.06 Financial Status Reports (FSRs). 35 Section 23.07 Working Capital Advance. 35 Section 23.011 Condition Precedent to Requesting Payment. 36 Section 23.09 Management and Control Systems. 36 Section 23.10 Effect of Grant Close Out. 36 General Provisions (September 1, 2015) 30 ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 36 Section 24.01 Allowable Costs. 36 Section 24.02 Property Acquisitions. 37 Section 24.03 Cost Allocation Plan. 38 Section 24.04 Overtime Compensation. 38 Section 24.05 Independent Single or Program-Specific Audit...,,,,.,,. ,,38 Section 24.06 Submission of Audit. __39 ARTICLE XXV INSURANCE AND BONDS 39 Section 25.01 Insurance. 39 Section 25.02 Fidelity Bond. , 40 Section 25.03 Liability Coverage. 40 ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT 40 Section 26.01 Final Budget. 40 Section 26.02 Bankruptcy. ,..40 Section 26.03 Title to Property. 41 Section 26.04 Disposition of Property. 41 Section 26.05 Closeout of Equipment. 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS 41 General Provisions (September 1, 2015) 31 ARTICLE XX DSHS GENERAL PROVISIONS In addition to the terms and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrecipient subcontractors unless restricted or othenvise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrccipicnt subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. c. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutcs, rules, and regulations and by the provisions of this Contract. f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Numbcr (VIN) or Employee Identification Number (E1N); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. g. Contractor is responsible to DSHS for the performance of any subcontractor. h. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be ineligible under the Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. a. Contractor shall include in all its contracts with subrccipicnt subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor): 1. Assurances and Certifications in Article XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 31 3. A provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with Article X of the General Provisions; b. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. c. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. d. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. c. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Sections 14.03 and 14.04, or any of the certifications stated in Article XII of the General Provisions, Contractor shall submit an explanation to the contract manager assigned to the Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a. Cumulative budget transfers that do not exceed 25°o among direct cost categories, other than the equipment category, of less than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); and b. Change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not- for-profit organizations. b. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through Subrecipient General Provisions (September 1, 2015) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Texas Government Code Chapter 573) to thc member of the governing body or thc officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and: or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of 55,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in thc Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds title, 5. Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 8. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product specifications and need justification prior to purchasing any item of Subrecipient General Provisions (September 1, 2015) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. c. Prior approval by DSHS of the purchase of Controlled Assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 22.04. Section 22.04 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in Section 14.06 of the General Provisions and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15h of each year. The report is located on the DSHS website at: http:r'+www.dshs.state.tx.usecontractsiforms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 22.05 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS Section 23.01 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 23.02 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Subrecipient General Provisions (September 1, 2015) 34 Section 23.03 Program income. a. Gross income directly generated from Department funds through a project or activity performed under a Contract and/or earned only as a result of this Contract during its term is considered program income. b. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in the Uniform Grant Management Standards, for the use of program income to further the program objectives of the state or federal statute that provided the authority of this Contract or its Program Attachment, and Contractor shall spend the program income on the same Project Attachment or Statement of Work project under which it was generated. c. Contractor shall identify and report this income in accordance with Article IX of these General Provisions and the provisions in the Contract or its Program Attachment(s). d. Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. e. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 23.04 Nonsupplanting. Contractor shall not use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that arc the subject of this Contract but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. Section 23.05 Payment Methods. Section 5.01 of the General Provisions is replaced with the following: Except as otherwise provided by the provisions of this Contract or its Program Attachment(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachment(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, ifa contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term. Section 23.07 Working Capital Advance. If necessary, if allowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize the time elapsing between the transfer of funds from DSHS to Contractor, and shall ensure that such funds are disbursed as soon as administratively possible. Section 23.08 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Contract and its Program Attachment and arc traceable from the transaction to the general ledger; 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings, 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect of Grant Close Out. Contractor must submit alI requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by Section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2015) 36 d. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within 30 calendar days of the date of this written notice. e. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) 0M13 Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-1 10 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm_ 0M13 Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. The Contract will specify appropriate grant guidance. Section 24.02 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property arc not allowable. Subrecipient General Provisions (September 1, 2015) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost Allocation Plan on the format provided by DSHS to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: coscap;dshs.state.tx.us no later than the 60th calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within 30 calendar days after the effective date of the change. Section 24.04 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: a. With the prior written approval of DSHS; b. Temporarily, in the case of an emergency or an occasional operational bottleneck; c. When employees are performing indirect functions, such as administration, maintenance, or accounting; d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or e. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. If Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the 2 CFR § 200.501. The 5750,000 federal threshold amount includes federal funds passed through by way of state agency awards. b. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. c. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. e. If Contractor fails to complete the Single Audit Status Form within 30 calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 f. The audit must be conducted by an independent certified public accountant and in accordance with applicable 0M13 Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http: ` www.dshs.state.tx.us.contracts "links.shtm, g. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six years. Section 24.06 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program- Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministrationudshs.statc.tx.us Electronic submission to HHSC should be addressed as follows: Queenah.Teamah a,hhsc.state.tx.us If Contractor fails to submit the audit report as required by the Independent Single or Program -Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 of the General Provisions, Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to this Contract within 5 business days of learning of the loss, to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Subrecipient General Provisions (September 1, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, an&or failure of Contractor or any of its employees to perform faithfully his her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. c. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 25.03 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act, and any other legal entity. Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT Section 26.01 Final Budget Contractor shall submit an actual Budget to DSHS no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities, whichever occurs first. The Budget shall be in a format prescribed by DSHS and shall be accompanied by a report of all activities performed under this Contract. Section 26.02 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Tide may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. b. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. c. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than S5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. d. Aftcr an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 26.05 Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to the contract manager assigned to this, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout, or termination of this Contract, and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http:l/www.dshs.state.tx.uslcontractsllinks.shtm, Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in the Uniform Grant Management Standards. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at bttp;Jlwww,dskis,stotc,tx,u ?conkracks links.shtm, For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 42 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of August 16, 2016 Second Reading Item for the City Council Meeting of August 23, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director Staciet@cctexas.com 361-826-3460 Approve sale of parkland CAPTION: Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for $100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction. PURPOSE: To approve the sale of park properties and authorize the city manager to execute documents to finalize real estate sales transactions. BACKGROUND AND FINDINGS: October 2012 - The Parks & Recreation Master Plan is approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. Three (3) of 27 were repurposed and/or adopted shortly after the plan was approved. June/July 2014 - Public hearings were held at City Council to place the remaining 24 parks on the ballot for approval of voters to sell. During this time, seven (7) additional parks were adopted or transferred to another agency for maintenance and removed from list to be considered by voters. Ballot language for Proposition 3 — Sale of City Parkland for the remaining 17 parks was established. September 2014 - City Council passed a resolution mandating the proceeds of sales were to be reinvested in existing parks and established a process for notification to adjacent landowners prior to each sale. In November 2014, voters approved Proposition 3 to authorize the city to list designated park properties for sale. In early 2015, the City elected the vehicle for selling the properties would be to list them with a licensed real estate broker and negotiate the highest cash offer for each property. Three parks (Caribbean, Kosar and Breakwater) were removed from the list because leases or sales with governmental entities are being explored. The Clower Company (TCC) was identified through the request for qualification process to represent the City in the transactions. The properties were listed for sale in a multiple listing service on January 24, 2016. Signs were posted at the parks and TCC made contact with all entities who had expressed interest in the parks since Proposition 3 was approved. In addition, residents within 500 feet of each park were notified by mail that the park was being listed for sale. The list price for this park was originally $120,000, however, this is the highest cash offer the department has received for the property. By state law, the city may only accept the highest cash offer for each property. By city ordinance, the proceeds from the sale of the parks must be reinvested in the park system according to the 2012 Parks & Recreation Master Plan. Home and property owners within 500 feet of each of the parks being considered for sale today were notified via mail of the agenda item and the opportunity to make public comment. In addition, signs were posted in the park noting the time and date of this city council meeting. The properties will be sold "As -Is" and the City not incur the cost of removing any existing equipment or buildings as a condition of sale. Any utilities required for development would be modified/improved at the cost of developer/purchaser. In addition, any zoning changes should be handled by the developer/purchaser on an individual basis. ALTERNATIVES: Do not approve sale of parkland properties. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $ $ BALANCE $ $ Fund(s): COMMENTS: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contracts for sale of Penn Place Park Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for $100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction Whereas, pursuant to Resolution 030211, Ordinance 030253, and Texas Local Government Code section 253.001, an election was held on November 4, 2014 which authorized sale of certain parklands; Whereas, the City entered into a broker agreement pursuant to Texas Local Government Code section 253.014 and the broker has submitted the highest cash offers received; Whereas, as required in Resolution 030278, at least 10 days prior to the first reading of this ordinance, notice was sent to the property owners within 500 feet of the park land to be sold giving notice of the time, date, and location of the council meeting, contact phone number; and a statement that interested parties may appear; and signage was posted at each park; Whereas, Texas Local Government Code Section 253.001 requires the governing body to adopt an ordinance directing the municipality's mayor or city manager to execute the conveyances; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sale of surplus park property is hereby approved: a) Penn Park located at 4302 Aaron to Apostolic Assembly of the Faith in Christ Jesus in the amount of $100,000. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TEXAS ASSOCIATION OFREALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REA.TORSB IS NOT AUTHORIZED. ®Taxas A-soc€at€on of REM -TORSO, Ine, 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi, a Texas municipal corporation Address: 1201 Leopard St, Corpus Christi, Texas 78401 Phone: E-mail: Fax: Other: Buyer: Apostolic Assembly of the Faith in Christ Jesus Address: 10807 Laurel Street, Rancho Cucamonga, CA 91730 Phone: 909-987-3013 E-mail: tarroyocapostolicnet,org Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 4302 Aaron, CC TX Penn Park (address) and that is legally described on the attached Exhibit or as follows: A tract of land located at 4302 Aaron known as Penn Park being legally described as Penn Place Subdivision, Lot 25, Block 1, Corpus Christi, Nueces County, Texas with any and ail improvements contained thereon. NCAD Tax ID # 6567-0001-0250 See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights of way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing $ (2) Sum of all financing described in Paragraph 4 $ (3) Sales price (sum of 3A(1) and 3A(2)) $ (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer 100,000.00 0,00 100,000.00 Page 1 of 13 Computer gerAraled using AAVContra t 7 ^r, from Autofteasy. LLC. 1060 W. Pipeline, Sute 101. Furst, Tx 76053. (800} 322-1178 City of CC - Farm Park - 042816.ms-1 F0r1e3 9 28:36 AM 7122,2015 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ NIA per: ❑ (i) square foot of ❑ total area ❑ net area. ❑ (ii) acre of ❑ total area ❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area Toss any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) N/A (c) If the sales price is adjusted by more than NIA% of the stated sales price, either party may terminate this contract by providing written notice to the other party within NIA days after the terminating party receives the survey. If neither party terminates this contract or if the variance is Tess than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: A. Third Party Financing: One or more third party loans in the total amount of $ NIA . This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Beuy$er will assume the existing promissory note secured by the Property, which balance at closing will b ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ NIA. 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 1,000.00 as earnest money with Stewart Title Company (title company) at 402 Peoples St., #2B, Corpus Christi, TX 78401(address) Ginny Price (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyor deposits the earnest money. B. Buyer will deposit an additional amount of $ 0.00 with the title company to be made part of the earnest money on or before: ❑ (i) NIA days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) NIA Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initiated for Identification by Seller and Buyer Page 2 of 13 CorrNer generated using AuloCortract 7 ^', from kanttesty. LLC. 1060 W. P:reh e, Site 109, Kest, DI 79053. (800) 3224178 CRy 6I CC • Penn Pa rc-042818. asmi Printed. 9.28 38 A817(2212016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ti (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 15 days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer 0.00 (insert amount) of the cost of the survey at closing, if closing occurs. U (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. U (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seiler, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller NIA (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 15 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initiated for Identification by Seller and Buyer Page 3 of 13 Computer gerzraled tsia9 AutoCorrtract 7 "' from ktoRearty. LLC, 1060 W. Reel ne, Suite 101, Hurst, TX 76053,1603)322-1179 CRy of CC- Penn Park -042816.a..i Prirrted 9.28.39A' 78712016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: None. Buyer accepts the property in its AS IS WHERE is condition with any and all faults. See Exhibit B. 13. Feasibility Period: Buyer may terminate this contract for any reason within so days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) i (i) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 50.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate, Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale, If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 713. © (2) Not later than 3 days after the effective date, Buyer must pay Seller $ NIA as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to Day the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer 7'L Page 4 of 13 Canputer generated us?rg ALtoCordract 7 "', from Auto4ead f. LLC. 1060 W. PVei ne, SNte 10 f, Hurst TX 76053. (800= 322-1178 City 01 CC - Penn Par9 - 042816.a. rrt P6r1ed 9 28.34 928 7/22/2016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within Buyer: (Check all that apply.) LI 10 days after the effective date, Seller will deliver to madc on or relating to the PropeftyL; (e) plats of the Property; and (g) if any of the above is In Seller's possession or control. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 70(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; x (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 70(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance, sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer .�' Page 5 of 13 Corn er generated using FVoContrad 7 ^', from FuroReaty, LLC. 1060 W. Plpe1ne, Suite 101. Hurst, TX 76053. (600) 322-1178 Crty o1 CC • Penn Park -042816.e rN Primed. 9 28.39 AM 7222016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within days after tho effoctivo date, Seller will deliver to Buyer estoppel of TAR Form 1938 Commercial Tenant Estoppel Certificate and any additienal information requested by a third party lender providing financing under Paragraph 1 if the third party lender requests such 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Agent:George B. Clower Address: P.O. Box 2525 Cooperating Broker: N/A Agent: N/A Address: N/A Corpus Christi, Texas 78403 NIA Phone & Fax:381-880-4111 361-880-4118 Phone & Fax: NIA N/A E-mail: austin@allenreadvi — E-mail: NIA License No.:428055 License No.:N/A Principal Broker: (Check only one box) Cooperating Broker represents Buyer. ¥ represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. t4 (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: ❑ 4.5 % of the sales price. ❑ N/A % of the sales price. ❑ NIA ❑ NIA The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. Tho parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 6 of 13 Corrpdet generated using dvrtoCor4ract 7 "', from AutoReay. LIC, 1660 W. Prpe9ne. Sute 101, Hurst, TX 76057, X8001 722-1178 City of CC - Penn Panic- 042816. axr1C Printed. 4 28 40 AM 70272016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) fifteen (95) days after the expiration of the feasibility period. ❑ NM (specific date). ❑ NIA (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. if either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (1) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 7 of 13 Computer gerotated us{ng f,utoCoutrael 7 ", from! iaReety. LLC. 10,51:1W. Papel ne, Suite SDI, Hurst, TX 76853.1330j 322-1178 Coy of CC -Penn Park - 042816 awl Peered. 9 28.40 AM 7722/2210 Commercial Contract - unimproved Property concerning 4302 Aaron, CC TX Penn Park 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (1f special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22a) See attached Addendum to Commercial Contract attached hereto. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing (TAR 1802) 1-1-16 Initlaled for identification by Beller and Buyer Page 8 of 13 C Computer generated using AtiOContrad 7 "•, From AntoRea2y. LLC, 1060 W- Pipeane. Sute 101, Must. TX 76053, (800)122.4178 City of CC - Pern Park - 042616. axr4 Prirted 9 28.41 AM 7t22/20I6 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, or (Check if applicable) LI enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, loss any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; OP 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 initialed for Identification by Seller and Buyer Page 9 of 13 Computer generated tying lwloC, nt,act 7 TM, from AutaRealty, LLC, 1060 W. Fpefrz, Sate 101, Hurst, TX 75053, (800( 322-1170 Cly o1 CC - Penn Parir-042816. ear/ Printed 9 28,41 AM 7/22/2016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (1) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. 0 Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. Ail expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 10. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) 0 0 B. Except as otherwise provided in this, contract, Seller is not aware of: (1) any subsurface: structures, pits, waste, springs, or improvement,-; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (1) (5) whcthcr the Property is or has been used for the storage or disposal of hazardous materials or • whcthcr radon, asbestos containing materials, urea formaldehyde foam insulation, lead bused (0) any contemplated material changes to the Property or surrounding arca that would materially and 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. © A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. 0 B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 initialed for Identification by Seller and Buyer Page 10 of 13 Campine; generated w=.ng AUtoCordrad 7 ^'. rrornA,4oRea.y, LIG, 1060 W. P:Fe dne. Suie 101, Hurst, TX 76053, (800) 322.1178 City (ACC - Penn Park - 042816 a*nd Printed 9.28:42 MA 7122!2018 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) • (1) Property Description Exhibit identified in Paragraph 2; ❑ (2) Commercial Contract Financing Addendum (TAR 1931); ❑ (3) Commercial Property Condition Statement (TAR 1408); a ❑ (6) • (8) • (9) Addondum for Coactal Aroa Property (TAR 1015); Addendum for Property Located Seaward of the Gulf Intracoactal Waterway (TAR 1016); Information About Brokerage Services (TAR -2501); and See Attached Addendum to Contract and Exhibit B. (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer )0 may U may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL. NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. (TAR -1802) 1-1-16 initialed for identification by Seiler and Buyer Compute[ generated using PieoCortract 7 from AutoReaky, LLC, 1060 W. Pipelne, Sete 101, l . ,t. TX 76653. (8001322-1176 Page 11 of 13 City of CC - Per. Park - 042618. arms Printed 9.28.42 AM 7/22/2016 Commercial Contract - Unimproved Property concerning 4302 Aaron, CC TX Penn Park D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. if the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on Aug. 16th, 2016 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas municipal corporation Buyer: Apostolic Assembly of the Faith in Christ Jesus By: By: By (signature): By (signature): Printed Name: Printed Narver (�' Ser 6 a zed Title: Title: By (signature): :y (signatu Printed Name: Printed Name: 'CV ' Title: Title: /r,�,s,��c \c•S 4,10,- By: By: (TAR -1802) 1-1-16 Corrauter gererated wing AutoContract 7 7., from 414°Realty, LLC. 1068W. Pipelne, Stile 101. Hurst. TX 76453. 16741322-1178 Page 12 of 13 Cly of CC -Per, Park -642816. ami Printed 9.28.41 AM 7722/2016 Commercial Contract - Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 98(1) is effective) Principal Broker agrees to pay N/A (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $NIA ,or ❑ N/A % of the sales price, or ❑ N/A % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: N/A Cooperating Broker: N/A By: By: ATTORNEYS Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller, Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: Cl the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); ❑ B. earnest money in the amount of $ imam in the form of Title company: Stewart Title Company on Address: 402 Peoples St., #2B, Corpus Christi, TX 78401 By: Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 1-1-16 Comp..ter generated wing PuoCoraract 7 T.. Stoat Ruta.Rea1 , LLC, 1060 W- Ptpeix, Stile 101. Harst, TX 76053.18901322-1178 Page 13 of 13 Cly of CC - Penn Park - 042618..3.,1 Flirted 9.28.43 A.1 7/22/2016 EXHIBIT A Penn Park — 4302 Aaron Dr. Corpus Christi, Texas 016Goaglc' Imagery Date 11/22/201 7?41 21 (19":F1 97 24'52 7[i W elev 27 ft, Penn Place Subdivision, Block 1, Lot 25, Corpus Christi, Nueces County, Texas NCAD Tax ID #6567-0001-0250 THE CLOWER CO. Realtors Commercial & Industrial Brokerage P.0. Rex 2525 Corpus Christi, Texas 713403-2525 (3611080-41 11 office ADDENDUM to UNIMPROVED COMMERCIAL CONTRACT - UNIMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI ("SELLER") and APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS ("BUYER") 1, This contract is contingent upon final approval from the Corpus Christi City Council. 2, Buyer acknowledges that the subject property is being sold in its AS IS WHERE 1S condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi -- Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17 ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." 7. This contract is contingent upon Buyer receiving a resolution approving the purchase of the said property from the Development Committee (National Approval for Purchase) during the Feasibility Period. If Buyer does not receive the necessary resolution, then the Buyer may elect to terminate this contract prior to the expiration of the Feasibility Period. Seller's Initial's , Buyer's Initial's ac EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS -IS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's FOR SALE PENN PLACE PARK 4302 Aaron, Corpus Christi, D( THE GLOWER CO. Brokerage • Management • Development CITY OF CORPUS CHRISTI - SURPLUS PARK LAND PROPERTY INFORMATION LAND: 1.68+ Acs. or 73,180 ft2 LEGAL: Penn Place Sub. Lot 25 Blk 1 TAX ID#: 6567-0001-0250 ZONED: RS -4.5 (Single Family 4.5) UTIILITIES: All Available PLATTED: Yes SALES PRICE: $120,000.00 4, C15 Gnegle Y.,' .5 Imagery Date: 11122;20L4 27791'21.09" N 9.729'52.70 THE GLOWER CO. Realtors Commercial & Industrial Brokerage P.D. Box 2525 Corpus Christi, Texas 78403-2525 (3611880-4111 office Further Information Contact: GEORGE B. CLOWER 361.880.4111 work 361.688.9542 cell gbclower@aol.com Corpus Christi • McAllen • Brownsville • Laredo • Victoria • Harlingen PLAT MAP 1.67+ Acres I Penn Place Park I Corpus Christi, Texas 0 M t0 115' PENN PLACE PARK AARON DR. ELLIOTT 6RAMT RIIOOLII SCHOOL THE CLOWER CO. Realtors Commercial & Industrial Brokerage P.U. Box 2525 Corpus Christ., Texas 70403-2525 [36118W-4111 office ZONING MAP 1.67+ Acres I Penn Place Park I Corpus Christi, Texas THE CLOWER CO. Realtors Commercial 5. Industrial Brokerage P.O Box 2525 Corpus Christi. Texas 78403.2525 1361188D-4111 office O Approved by the Texas Real Estate Commission for Voluntary Use J\THE GLOWER CO. Brokerage • Development • Management Texas law requires all Real Estate License to give the following information about brokerage services to prospective Buyers, Tenants, Sellers and Landlords. Information About Brokerage Services Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written listing agreement or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information any information that a party specifically instructs broker in writing not to disclose unless authorized writing to disclose the information or required to do or the in so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instruction of one party and another person who is licensed under the Act and associated with the broker to communicate with and carry out instruction of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. (Form 5/08) Property: Parklane Park, Corpus Christi, Texas Real Estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant Date Texas Real Estate Brokers and Salesmen are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real estate licensee, you should contract TRECT at P.O. Box 12188, Austin, Texas 78711-2188, or 512-465-3960 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 16, 2016 Second Reading for the City Council Meeting of August 23, 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 Ordinance authorizing the City Manager or designee to execute a license with the River View at Calallen, LP located at 11930 Leopard Street. CAPTION: Ordinance authorizing the City Manager or designee to execute a license with the River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. PURPOSE: The purpose of this License is to allow River View at Calallen, LP the ability to connect the Riverview Apartments to the City sewers. BACKGROUND AND FINDINGS: River View at Calallen, LP ("Permittee") desires to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard public street right-of-way. The wastewater sewer main being installed will be crossing approximately 201 linear feet of the Leopard Street public street right-of-way. The private line authorized by this License is strictly limited to providing sanitary sewer service to Riverview Apartments. Staff recommends that the Permittee pay a one-time payment of $1,053.00 for this License, for the use of the Leopard Street public street right-of-way. Permittee must comply with all the specified conditions of the ordinance within 180 days of Council approval. ALTERNATIVES: Denial of this License. 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: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49- 61. Fees for use of public ways by unauthorized pipelines. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item Onetime Fee $1,053.00 $1,053.00 BALANCE $1,053.00 $1,053.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time license fee of $1,053.00. b. The Permittee's use of the private two-inch sanitary sewer force is strictly limited to serving the Riverview Apartments on Leopard Street. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the Wastewater Line are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance authorizing the City Manager or designee to execute a License with River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across the Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. WHEREAS, River View at Calallen, LP ("Permittee"), desires to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard public street right-of-way, located west of Western Drive public right-of-way; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to extend, a perpetual agreement ("Agreement"). This Agreement accomplishes the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee' compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a perpetual agreement ("Agreement"). this Agreement with the Riverview at Callallen, LP ("Permittee"), to allow the Permittee to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across Leopard Street public street right-of-way, such Agreement at all times subject to the Permittee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time license fee of $1,053.00. b. The Permittee's use of the private two-inch sanitary sewer force is strictly limited to serving the Riverview Apartments on Leopard Street. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. Page 1 of 2 c. All costs incurred to install, operate, maintain, repair, and remove the Wastewater Line are the sole responsibility of the Permittee. 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 Lucy Rubio Mark Scott Brian Rosas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 LICENSE STATE OF TEXAS § COUNTY OF NUECES § This License ("License") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and River View at Calallen, LP ("Licensee"), a Texas limited partnership, whose business address is 8500 Shoal Creek Blvd, Bldg 4, Suite 208, Austin, Texas 78757. WHEREAS, Licensee owns the real property and improvements located at 11930 Leopard Street in Corpus Christi, Texas, and being more particularly described as approximately 5.862 acres being a portion of share No. 11 of the Partition of the John B. Haney Estate as shown on a map recorded in Volume 6, Page 29 Map Records of Nueces County (`Property"), as shown in Exhibit A (legal description); and WHEREAS, Licensee wishes to construct a two-inch sanitary sewer force main inside a six-inch steel casing (hereinafter "Improvements"), which will encroach in the City (hereinafter "Premises"), as shown in Exhibit B; and WHEREAS, Licensee has requested the City to allow the use and occupancy of the Premises for Licensee's Improvements. NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a onetime payment of ($1,053.00) paid by Licensee, the receipt of which is acknowledged, the City has granted and by these presents does grant to Licensee, for the term and upon the conditions stated in this License, a License for the right to install, operate, maintain, repair and remove Improvements on Premises. The area in which the License is granted for the location of the Improvements is referred to in this License as the "License Area." Licensee agrees that the Improvements shall not be expanded, enlarged or altered in any way nor shall the height or stories be increased without the prior written approval of City. The License granted by this License is issued to the Licensee only. This License may not be assigned by Licensee without the City Manager's prior written consent. Licensee must notify the City if Licensee sells or transfers ownership of the Improvements. The License granted by this License is subject to the Licensee's compliance at all times with the following conditions: A. This License, and the rights granted under the License, may be revoked at any time by the City upon providing the Licensee not less than 30 days' ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI notice, in writing, by the City's City Manager or designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this License by either party, no portion of any payment made under this License is refundable to the Licensee. B. This License is for a perpetual term, subject to termination under Section A above. It also terminates if Licensee discontinues or abandons the use of the Improvements. This License is made expressly subject and subordinate to the right of the City to use the Premises for any public purpose. In the event that City gives notice of termination under Section A, Licensee shall at its sole cost and expense make or cause to be made the removal of the Improvements. Licensee shall reimburse City for the cost of City's removal of the Improvements if Licensee does not remove them within the notice period. C. The City reserves the right to construct, maintain and/or modify city -owned facilities, including but not limited to, street and utility improvements. The City will provide 30 days written notice to the Licensee when the City has determined that removal, relocation or alteration of the Improvement is reasonably necessary for construction, maintenance, modification or operation of city -owned facilities. The Licensee shall promptly make the required adjustments. The required work will be done at Licensee's expense. D. The Licensee agrees to comply with City Code of Ordinances Chapter 35, Article VII and Chapter 49, Article VII. E. The Licensee shall provide the City with a 3-dimensional map of the Improvements accurate to within 1 foot and GIS coordinates, which will be included with this License as Exhibit C and 2D dwg file must be submitted for the as-builts. F. The Licensee shall mark all Improvements located on City Premises with magnetic marking tape if the utility is located underground. G. The Licensee shall acquire and maintain at all times for the term of this License insurance coverage pertaining to the License Area granted under this License and the activities authorized by this License. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit D, the substantive content of Exhibit D being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Licensee shall provide copies of all requested insurance policies to the City's City Attorney. ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI H. Should construction be deemed necessary by Licensee in the License Area, construction plans and specifications for all proposed work shall be submitted in advance by the Licensee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth and location of the proposed construction and distance from existing pavement, water, storm water, wastewater and gas lines. The Licensee shall also comply with any other laws, rules, regulations and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. Licensee shall fully pay for all labor and materials used in the License Area and will not permit or suffer any mechanic's or material man's liens of any nature to be affixed against the Premises by reason or any work done or materials furnished to the Premises at Licensee's request. I. Prior to the start of any approved construction, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit D. Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this License. J. Licensee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the License Area, in as much as possible. K. At least 48 hours prior to beginning any approved construction, Licensee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Licensee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. L. Any construction process and use of the License Area by Licensee shall not interfere with the construction, installation, operation, maintenance, repair, ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI removal or replacement by the City or any of its agents, contractors or franchisees of any existing or proposed roadways, sidewalks, utility lines or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Licensee shall pay for removing or relocating the Improvement in the License Area to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The Licensee shall repair the License Area to its original condition or cease to use the License Area, at which time this License terminates immediately. M. Traffic Engineer requirements pertaining to this License, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Licensee require a trench, pit or similar excavation be dug during approved construction, the Licensee shall file and obtain approval for barricading said trench, pit or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "T" of this License for additional requirements regarding trenches, pits and similar excavations.] N. If, as determined by the City Manager, damage occurs to any pavement, sidewalk, curb, gas, water, storm water or wastewater line, Licensee shall allow the City immediate access to the License Area to perform an assessment, make repairs or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. 0. Should construction become necessary near existing water or wastewater lines, Licensee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. P. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal or replacement in the License Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Licensee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. Q. At any and all times, Licensee shall be responsible for the repair and maintenance of the License Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man- made forces. Should damage occur to the License Area, regardless of the type of damage, Licensee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this License immediately without any further action needed on the part of the City. R. Licensee agrees that any Improvements located above the ground shall be cleaned, maintained and repaired immediately to preserve the public health and safety and prevent blight. S. Licensee shall repair, or cause to be repaired, any damage to pavement, driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters and/or any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the License Area. T. If a trench, pit or other excavation is required during approved construction, no trenches, pits or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits or other excavations, other than bore pits, shall be backfilled by the Licensee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits and other excavations, including bore pits, shall be barricaded by the Licensee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "M.2." for additional requirements pertaining to trenches, pits, and other excavations.] U. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Licensee according to current City standards and specifications and as required by a City inspector. V. Use of the Wastewater Line Improvements authorized by this License is strictly limited to providing service to the River View at Calallen, LP located at 11930 Leopard Street, in the License Area. Licensee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI Line or at any facilities within the City other than the building facilities specifically included in this License without first obtaining a franchise or other required approval from the City. W. LICENSEE 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 USE OF THE RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE LICENSE IMPROVEMENTS PURSUANT TO THIS LICENSE, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. LICENSEES MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. X. All signatories signing this License warrant and guarantee that they have the authority to act on behalf of the entity represented and make this License binding and enforceable by their signatures. Y. Unless otherwise stated in this License, any notice required or permitted to be given under this License must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: If to the City: ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI River View at Calallen, LP 8500 Shoal Creek Blvd, Bldg 4, Suite 208, Austin, Texas 78757. City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. Z. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. All actions arising from, out of, or related to this License must be filed, tried, remain and resolved in and cannot be removed from Nueces County, Texas. AA. The Licensee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this License, the "Disclosure of Interests" form attached to this License as Exhibit E. Completed versions of Exhibit E by the Licensee form a part of this License and are incorporated by reference into this License as if set out here in their entireties. BB. This instrument, including exhibits, constitutes the entire License between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties or representations shall be binding upon any parties. This License may only be amended by written instrument signed by authorized representatives of the City and Licensee and approved as required by City law. CC. Any payments due by the Licensee pursuant to this License will be made from current revenue available to the Licensee. EXECUTED IN DUPLICATE this day of , 20 ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI LICENSEE'S NAME Date River View at Calallen, LP, a Texas limited partnership By: River View at Calallen GP, LLC, a Texas limited liability company, its general partner By: River View at Calallen MM, LLC, a Texas limited liability company, its manager By: Mark E. Gardner, Manager STATE OF TEXAS COUNTY OF NUECES § § § ACKNOWLEDGMENT This instrument was acknowledged before me on , 20 , by , Manager, River View at Calallen MM, LLC, Manager, River View at Calallen GP, LLC, general partner, River View at Calallen, LP, on behalf of said company. Notary Public's Signature ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 20_ ATTEST: CITY OF CORPUS CHRISTI City Secretary Department APPROVED AS TO LEGAL FORM: day of , 20 By: Daniel McGinn Interim Director, Development Services By: Julian Grant, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20, by , as Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas ROW License Agreement Revised 02-23-16 Deb 1 CITY OF CORPUS CHRISTI EXHIBIT "A" LEGAL DESCRIPTION Being that certain tract of land described as containing 5.865 acres, more or less, being a portion of Share No. Eleven (11) of the Partition of the Estate of John B. Haney, a map recorded in Volume 6, Page 29 of the Nueces County, Texas Map Records, and being the same land described as 5.878 acres in deed dated January 27, 2014 recorded in Document No. 2014003651 Official Public Records, Nueces County, Texas, executed by James E. Brooks VFW Post 3837 to Zeba, LLC, and being further described on the following page: Legal Description -- Page 1 BEING a 5.865 acre tract of land in Share No. 11 of the Partition of the Estate of John B. Haney, as recorded in Volume 6, Page 29, Map Records, Nueces County, Texas, situated In the Gregorio Survey, Abstract No. 592, Nueces County, Texas, being all that certain tract of land described In deed to Zeba, LLC, as recorded In Document No. 2014003651, Official Public Records, Nueces County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1 -Inch Iron pipe found marking the south corner of said Zeba tract and the west corner of that certain tract of land described In deed to Judy Rack, as recorded In Document No. 2006029630, said Official Public Records, said Iron pipe being on the northeast line of Leopard Street (Highway No. 9), from which the south comer of said Share No, 11 bears South 36°40'13" West, a distance of 40.09 feet; THENCE North 57°1529" West, a distance of 298.75 feet along said northeast line to a 314 -Inch Iron pipe 'found marking the southwest corner of said Zeba tract and the south corner of that certain tract of land described In deed to James E. Brook VFW Post 3837,, as recorded In Document No. 837463, said Official Public Records; THENCE North 36°3534" East, passing a 314 -inch iron pipe found marking the east corner of said VFW tract and the south corner of that certain tract of land described in deed to James E. Brook VFW Post 3837, as recorded in Document No. 1999021349, said Official Public Records, at a distance of 300.29 feet and continuing a total distance of 372.69 feet to a 5/8 -inch Iron rod found marking the Interior ell corner of said Zeba tract and the east corner of said VFW tract (1999021349); THENCE North 57°12'59" West, a distance of 299.70 feet along the common line of said Zeba and VFW (1999021349) tracts to a 5/8 -Inch Iron rod found marking the northwest corner of said Zeba tract and the north corner of said VFW (1999021349) tract, said Iron rod being on the southeast line of that certain tract of land described In deed to The Cuddlhy Corporation, as recorded in Volume 1625, Page 508, Deed Records, said Nueces County; THENCE North 36°4731" East, a distance of 177.44 feet along the common line of said Zeba and Cuddlhy tracts to a 5/8-inoh Iron rod found marking the north corner of said Zeba tract and the east corner of said Cuddlhy tract, said iron rod being on the southwest line of Interstate Highway No. 37 (a variable width right-of-way); THENCE South 69°07'47" East, a distance of 620.63 feet along said southwest line to a 5/8 -inch iron rod found marking the east corner of said Zeba tract and the north comer of aforesaid Rack tract; THENCE South 36°40'13" West, a distance of 678.25 feet along the common line of said Zeba' and Rack tracts to the POINT OF BEGINNING and containing 5.865 acres (255,463 square feet) of land. Page 2 =9- 0Es_ T LE{HIG S STREET �HIGHWAI' S) 0 LEOPARD STREET (HIGHWAY 9) 9,9 O RIR j A 1.1 S 1I IIHX'I 1 2 D rn Z <§j Ti UTILITY PLAN ISSUED FOR PERMIT REVIEW RIVERVIEW APARTMENTS LEOPARD STREET CORPUS CHRISTI, TEXAS 75 0- a O w 70 S E U 65 U E 60 0 55 0 54 E \\\ EXISTING FORCE MAIN SERVING VFW POST RECONSTRUCT EXISTING MANHOLE RIM ELEV = 69.39 FL = 65.82 TIE INTO MANHOLE WITH (1) 5 JOINT OF 6"0 SDR -26 PVC PIPE @ 1.00% MINIMUM SLOPE — X40 \\\ \�� \\\\\\`E - ti: * �# •*,,� T. CRAIG CARNEY 5 '••�5714sTER�'c).���s 05 0; :cc (I) H W � W � Q gtlyw �lo /� 1 INSTALL 2"x6" REDUCER l 40 0H 0 1+ 1+40 DIRECTIONAL BORE AND INSTALL±200 L.F. OF PRIVATE 2" FORCE MAIN AND ±146 L.F. OF 6" STEEL ENCASEMENT PIPE WITH 4' MINIMUM COVER. INSTALL FORCE MAIN 8' DEEP TO AVOID CONFLICT WITH UTILITIES IN LEOPARD STREET ROW 0 10' 20' 30' 1"=30' 7 EXISTING MANI O M O00 ROW LINE RECONSTELEV = 6RUCT9.39 EXISTING MANHOLE RIM FL = 65.82 I TIE INTO MANHOLE WITH (1)5'JOINT OF6"O SDR -26 PVC PIPE @ 1.00% MINIMUM SLOPE FL EX MANHOLE = 65.82 EXISTING GRADE EXISTING UTILITY APPROXIMATED DEPTHS M = = ______ DIRECTIONAL BORE _ AND —__ AND INSTALL 146 L.F. OF 6" STEEL ±200 L.F. OF 2"0 ENCASEMENT FORCE MAIN 1 r EXISTING UNDERGROUND CABLE EXISTING 8" WATERLINE EXISTING GAS LINE l —===�cc� —_��— _— _ ASEM ---__—_ _ --_ I EXISTING GAS LINE ---,, EXISTING GRADE c. cq -0+20 0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 75 70 65 60 55 4 2+00 2+05 CARNEY ENGINEERING COMPANY 4588 Hinton Dr. Plano, Texas 75024 PH (469) 443-0861 FAX (469) 443-0863 TEPE PIEM PEGISTRATICN NT E-5335 DRAWN BY : CHECKED BY: START DATE: SCALE: PROJECT NO.: TCP JAH 5/3/2016 1"=30' 2068-070 EXHIBIT C F. (leuu vevelopiiielavuuaeuua-ufu mveiview \1-v.rvv - uuiun.uwy ATTACHMENT EXHIBIT 0 INSURANCE REOUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee 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. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee shall furnish to the Risk Manager or designee and Director of Development Services. 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 a waiver of subrogation is required on alI 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 r aggregate Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Permittees 7. Pollution/Environmental Impairment $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT. $500,000,. $500,000 $500,000 C. In the event of accidents of any kind related to this project, Permittee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee'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. Permittee shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee 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 D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials,- employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, 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 suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee'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 Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee'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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 ins req. Development Services 11/13/2014 ds Risk Mgmt. City of ei41. Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Comer of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: River View at Calallen, LP STREET: 8500 Shoal Creek Blvd., Bldg. 4, Suite 208 CITY: Austin Zip: 78757 FIRM is: ❑ Corporation 0 Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and 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. Authorized Representative of General Certifying Person: Enrique Flores Title: Partner (Print) nhrucil Signature of Certifying Person: Date: 04/12/2016 K:\DEVELOPMENT SVCS\SHARED\LAND DEVELOPMENT ORDINANCE ADMINISTRATION\APPLICATION FORMS FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT L27.12.DOC Exhibit E DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:ADEVELOPMENT SVCS \SHARED ALAND DEVELOPMENT ORDINANCE ADMINISTRATION\APPLICATION FORMS FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC Exhibit E Page 2 of 2 AERIAL OVERVIEW r - • GR 6069 ti •N • • i Nuaaas Dar Subject Property 'Ge:: -P--n9 ilm• GeoEyegE rth is r Ge p,,2�;, lA.l@�r7w1 rn Nd ,o. Ifi IG� IGP,'sw sstopo, amp the GIS U � �: AERIAL MAP CR 55 CR 1.1991) CR 90 CR 1200 !� I CR 1299 110141 CR e8 CRCR 6088 CR 6120 C • R 1195 61980 CR Ss CR 320 CRI CR 292 :ILEI .1 ,CR 0085CR 327 08 52 05 280 CR 269 CR 260 CR 26 CR 242 CR 602 GR 38 CR 238 AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of August 23, 2016 Second Public Hearing for the City Council Meeting of August 30, 2016 DATE: August 5, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate CAPTION: Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate PURPOSE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes a tax rate that exceeds either the rollback rate or the effective tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.606264 per $100 valuation for fiscal year 2016-2017. Since this rate exceeds the effective tax rate of $0.582901 per $100 valuation, the Property Tax Code requires that the governing body schedule two public hearings on the proposal. The first public hearing will be held on Tuesday, August 23, 2016, and the second public hearing will be held on Tuesday, August 30, 2016. The vote for the final adoption of the tax rate will be held at the September 13, 2016 City Council meeting. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Office of Management and Budget FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 108,400,000 $ 108,400,000 Encumbered/Expended amount of (date) - - - - 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 ad valorem tax rate of $0.606264 per $100 valuation on September 13, 2016. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing — Various Amendments to the Unified Development Code CAPTION: Ordinance amending the Unified Development Code by revising subsection 4.2.5.B "Types of Yards", table 4.6.2 "Permitted Uses (Industrial Districts)", table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard- New Development", subsection 7.9.6 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single -Family Residence", subsection 9.5.3 "Regulations for Single -Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its function and implementation. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement to address the city's development needs staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, staff is proposing the following new text amendments: @BCL@78056065 Page 1 of 3 PERMITTED USES: 1. Table 4.6.2: Permitted Uses (Industrial districts) The Restaurant use is being amended from `subject to limitations' to `permitted' in the IL(Light Industrial) district and in the IH (Heavy Industrial) district, it is being amended from `not permitted' to `permitted'. Both changes will facilitate development in those districts. SETBACK REGULATIONS 2. 4.2.5.B: Types of Yards is being amended to comply with 5.3.2.D.3 which states a private garage facing only a public right of way, not including an alley, shall conform to the required street yards for the zoning district. 3. Table 4.6.3: Non -Residential Uses (Industrial Districts) is being amended by reducing the five foot side yard setback and ten foot rear yard setback to zero, to allow maximum use of lot when not abutting a residential use. 4. 5.3.2.D: Garages, Private is being amended to eliminate sections no longer needed after a previous UDC amendment passed in 2/21/2012 (Ord. # 029376). The amendment also helps code users by reiterating a requirement for garage setbacks. BUFFER YARDS 5. 7.9.5: Zoning District Buffer Yards for New Development and 7.9.6: Zoning District Buffer Yards for Re -Development are being amended to allow a commercially -zoned property not to install a buffer yard when abutting a public or civic use, such as a postal office, thereby allowing for maximum use of the lot. Public or civic uses are allowed in residential zoning districts. Since they are a nonresidential use, there is no need to protect them from other commercial or office uses. NON -CONFORMING LOTS OF RECORD 6. 9.5.2: Authority to Utilize for Single -Family Residence and 9.5.3: Regulations for Single -Family Use of Nonconforming Lots are being amended to provide an increased opportunity for infill on lots that do not conform with current development standards. BOARD OF ADJUSTMENT 7. 3.25.2 Review Process for variances is being amended to give staff the flexibility to make a recommendation or not on zoning variance requests that are heard by the Board of Adjustment. @BCL@78056065 Page 2 of 3 ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance @BCL@78056065 Page 3 of 3 Ordinance amending the Unified Development Code by revising subsection 4.2.5.6 "Types of Yards", table 4.6.2 "Permitted Uses (Industrial Districts)", table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard - New Development", subsection 7.9.6 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single -Family Residence", subsection 9.5.3 "Regulations for Single -Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission, and on Tuesday, August 23, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: Permitted Uses (Industrial Uses): UDC Article 4 "Base Zoning Districts", table 4.6.2 "Permitted Uses (Industrial Districts)" is amended as stated below. Article 4 Base Zoning Districts 4.6 Industrial Districts 4.6.2 Permitted Uses Table 4.6.2 Permitted Uses (Industrial districts) INDUSTRIAL DISTRICTS Commercial Parking Uses [5.1.4.A] P P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted IL IH Standards Commercial Uses Commercial Parking Uses [5.1.4.A] P Fairgrounds P Office Uses [5.1 .4.C] P Restaurant Uses [5.1.4. F] SECTION 2: Setback Regulations: UDC Article 4 "Base Zoning Districts", subsection 4.2.5.B "Types Ordinance -UDC Text Amendments III Page 1 of 5 of Yards", table 4.6.3 "Nonresidential Uses (Industrial Districts)", and Article 5 "Use Regulations", subsection 5.3.2.D "Garages, Private", are amended as stated below. Article 4 Base Zoning Districts 4.2 Measurements 4.2.5 Yards 4.2.5.6 Types of Yards 4. Private garages and carports detached or attached to the main building, which are entered from the street er al shall maintain a minimum setback of 20 feet in front of the garage or carport from such street. 4.6 Industrial Districts 4.6.3 District Development Standards Table 4.6.3 Nonresidential Use (Industrial District INDUSTRIAL DISTRICTS IL IH Min Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Yards (ft.) Street Street (corner) 20 20 20 20 Side (single) Side (total) 5 0 -1-Q 0 5 0 -1-Q 0 Rear --9 0 --9 0 Side and rear, abutting res. district 40 40 Max Height (ft.) SeeSection 4.2.8.0 Article 5 Use Regulations 5.3 Accessory Uses and Structures 5.3.2 Specific Accessory Uses and Structures 5.3.2.D Garages, Private 1. [Administrative Notc: This section was deleted by Ordinance 029376, passcd 02/21/2012.] 2. The standard in subparagraph 5.3.2.D.1 shall not apply to: a. A garagc facing an allcy; c. A dctachcd garagc locatcd bchind thc rcar of thc principal structurc; or d. A sidc loadcd garagc not locatcd on a corncr lot. 31. A private garage that faces a public right -of way, not including an alley, shall conform to the required street yards for the zoning district, but in no case shall it be less than 20 feet. 4 2. Garages for single family residences must not exceed 49% of the main building. If there is a garage attached to the main principal structure, the garage is included as part of the main building for the calculation of the 49%. 5 3. A private garage that faces an alley shall be set back a minimum of 3 feet. Ordinance -UDC Text Amendments 111 Page 2 of 5 SECTION 3: Buffer Yards: UDC Article 7 "General Development Standards" subsection 7.9.5 "Zoning District Buffer Yard for New Development", and subsection 7.9.6 "Requirements - Redevelopment" are amended as stated below. Article 7 General Development Standards 7.9 Required Zoning District Buffer Yards 7.9.5 Zoning District Buffer Yard for New Development A. Requirements — New Development The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. 7.9.6 Zoning District Buffer Yard — Redevelopment A. Requirements— Redevelopment The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. SECTION 4: Nonconforming Lots of Record: Article 9 "Nonconformities", subsection 9.5.2 "Authority to Utilize for Single -Family Residence" and subsection 9.5.3 "Regulations for Single -Family Use of Nonconforming Lots" are amended as stated below. Article 9 Nonconformities 9.5 Nonconforming Lots on Record 9.5.2 Authority to Utilize for Single -Family Residence In any district in which single-family detached dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this Article, a single-family detached dwelling that complies with the restrictions of this subsection may be erected on a non -conforming lot that: is not less than 25 feet in width or A. Has less than the required minimum lot area or width with a minimum of but it n. ,-ot Iecs than 2,500 2,000 square feet in area and less than 5,000 square feet in area and a minimum of 25 feet in width; 9.5.3 Regulations for Single-family Use of Nonconforming Lots C. Except for lots with a width equal to or greater than 45 feet , ;the sum of the widths of the two side yards shall not be less than the smaller of: 1. 25% of the width of the lot; or 2. The minimum total for both side yards prescribed by the development standards of the applicable zoning district. Ordinance -UDC Text Amendments 111 Page 3 of 5 SECTION 5. Board of Adjustment: Article 3 "Development Review Procedures" subsection 3.25.2 "Review Process" is amended as stated below. Article 3 Development Review Procedures 3.25 Variance 3.25.2. Review Process A. Staff Review The Assistant City Manager of Development Services shall review the application and, considering the review criteria in Subsection 3.25.3, may make a recommendation to the Board of Adjustment. SECTION 6. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Ordinance -UDC Text Amendments 111 Page 4 of 5 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance -UDC Text Amendments 111 Page 5 of 5 Unified Development Code Text Amendments City Council Presentation August 23, 2016 Proposed Changes • Industrial Districts: allow for restaurant uses and reduce the side and rear yard setbacks to 0 feet. • Garages: clean up to remove language that was part of a previous amendment in 2012 and provide further clarification on setback from alleys and public streets. • Buffer Yards: reduces requirements on commercial development adjacent to a public or civic use (post office, military office, federal or state office). • Non -conforming lots: reduces requirements to qualify, opening up additional lots for redevelopment (2,500 to 2,000 sq. ft.). • Board of Adjustment: adds language to allow staff more flexibility in giving a recommendation on variance cases. Permitted Uses Article 4 Base Zoning Districts 4.6 Industrial Districts 4.6.2 Permitted Uses Table 4.6.2 Permitted Uses (Industrial districts) INDUSTRIAL DISTRICTS Commercial Parking Uses [5.1.4.A] P P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted IL IH Standards Commercial Uses Commercial Parking Uses [5.1.4.A] P Fairgrounds P Office Uses [5.1.4.C] P Restaurant Uses [5.1.4.F] 5.2.1 1 Setback Regulations Article 4 Base Zoning Districts 4.2 Measurements 4.2.5 Yards 4.2.5.6 Types of Yards 4. Private garages and carports detached or attached to the main building, which are entered from the street e alley, shall maintain a minimum setback of 20 feet in front of the garage or carport from such street. Setback Regulations 4.6.3 District Development Standards Table 4.6.3 Nonresidential Use (Industrial District INDUSTRIAL DISTRICTS IL IH Min Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Yards (ft.) Street Street (corner) 20 20 20 20 Side (single) Side (total) -& 0 a-8 0 -& 0 -1-8 0 Rear a-8 0 -1-8 0 Side and rear, abutting res. district 40 40 Max Height (ft.) See Section 4.2.8.0 Setback Regulations Article 5 Use Regulations 5.3 Accessory Uses and Structures 5.3.2 Specific Accessory Uses and Structures 5.3.2.D Garages, Private 1. [Administrative Note: This section was deleted by Ordinance 029376, passed 02/21/20121 2. The standard in subparagraph 5.3.2.D.1 shall not apply to: a. A garage facing an alley; b. A garagc cct back an additional 1 fcct from thc strcct yard; c. A dctachcd garagc locatcd bchind thc r ar of the principal structurc; or d. A side loaded garage not located on a corner lot. 31. A private garage that faces a public right -of way, not including an alley, shall conform to the required street yards for the zoning district but in no case shall it be less than 20 feet. 4 2. Garages for single family residences must not exceed 49% of the main building. If there is a garage attached to the main principal structure, the garage is included as part of the main building for the calculation of the 49%. a 3. A private garage that faces an alley shall be set back a minimum of 3 feet. Buffer Yards Article 7 General Development Standards 7.9 Required Zoning District Buffer Yards 7.9.5 Zoning District Buffer Yard for New Development A. Requirements — New Development The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. Buffer Yards 7.9.6 Zoning District Buffer Yard — Redevelopment A. Requirements— Redevelopment The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. 8 Nonconforming Lots Article 9 Nonconformities 9.5 Nonconforming Lots on Record 9.5.2 Authority to Utilize for Single -Family Residence In any district in which single-family detached dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this Article, a single-family detached dwelling that complies with the restrictions of this subsection may be erected on a non -conforming lot that: not Icsc than 25 feet in width or le c more than /15 feet, and that: A. Has less than the required minimum lot area or width with a minimum of O-6448-14044ess than 2,500 2,000 square feet in area and less than 5,000 square feet in area and a minimum of 25 feet in width; Nonconforming Lots 9.5.3 Regulations for Single-family Use of Nonconforming Lots C. Except for lots with a width equal to or greater than 45 feet , ;the sum of the widths of the two side yards shall not be less than the smaller of: 1. 25% of the width of the lot; or 2. The minimum total for both side yards prescribed by the development standards of the applicable zoning district. Board of Adjustment Article 3 Development Review Procedures 3.25 Variance 3.25.2. Review Process A. Staff Review The Assistant City Manager of Development Services shall review the application and, considering the review criteria in Subsection 3.25.3 may make a recommendation to the Board of Adjustment. 11 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 14101 Commodores Drive CAPTION: Case No. 0716-05 Oceanic B.C., LLC: A change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay. The property is described as Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. PURPOSE: The purpose of this item is to rezone the property to allow a townhouse development that deviates from the typical standards. RECOMMENDATION: Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one -foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay to allow the construction of a 20 -unit townhouse community. Lots 1-20 on the site plan are the residential lots while Lots 21-23 are common area lots. The three common area lots may contain improvements including decks, a pool, porch, pavement, fencing, landscaping, utilities and similar community structures. The common areas will be maintained by the Home Owners Association. Planned Unit Developments (PUDs) allow for reasonable deviations from required development standards and allow increased flexibility in project design. The proposed PUD for a townhouse development will deviate from development standards with regards to lot size, lot width, open space, street width, curb type, and sidewalk design. This PUD will allow daily, weekly and monthly rental of the individual units. The proposed rezoning is consistent with the Comprehensive Plan and will not have a negative impact upon the surrounding neighborhood. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. The subject property is suitable for the uses proposed by this rezoning. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang -Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for Tourist 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 Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Oceanic B.C., LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS- TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS- TH/PUD" Townhouse District with a revised Planned Unit Development Overlay, and on Tuesday, August 23, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Oceanic B.C., LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning in reference to Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street, from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay (Zoning Map No. 029027) as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is the Cape Commodore Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one -foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. 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. 0716-05 Ordinance, Cape Commodore PUD Page 2 of 3 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. 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 0716-05 Ordinance, Cape Commodore PUD Page 3 of 3 RS -6 �O 33 0 t 4p SUBJECT PROPERTY 400 CR -2 800 Feet Date Created: 7/11/2016 Prepared By: IvetteM Department of Development Services CASE: 0716-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT/ PROPERTY WHITECAP LOCATION MAP City of Corpus Christi Exhibit A CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER OCEANIC B.C., LLC SUBMITTED BY NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2016 NEI: 9188 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 4 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 8 TYPICAL CROSS SECTION 9 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 2 EXHIBIT B DEVELOPMENT DESCRIPTION The Cape Commodore Planned Unit Development (PUD) consists of a Master Site Plan of 1.32 Acres of a Re - Plat of Lot 21, of Block 34, Island Fairway Estates, at the intersection of Commodores Dr. and Aquarius St. on Padre Island. The development is a planned community that will consist of 20 single-family units and 3 common areas. The property currently sits on vacant land and is zoned at RS-TH/PUD. The applicant proposes a new PUD. The Future Land Use Plan designates the property for Medium Density Residential uses, less than 22 units per acre. DEVELOPMENT LOCATION MAP Commodores,D Google Maps Imagery Date: February 2016 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B CURRENT LAND USE ZONING North of Property Vacant and Public/Semi Public RS -6 South of Property Commercial CR -2 East of Property Commercial RM -3 West of Property Commercial CR -2 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B LOT LAYOUT The following is the Lot Layout for the development: DEDICATION OF ORIGINAL BOUNDARY LINE. eoRDER REVISED TO AIEETIAINIAIUAI REQUIRED RADIUS. \;O NCbG, OUARus S: mo Ro!A _ _ RES':OEN'AL LOT I] COAMCA AREA LO' ..I. PUDBOtNDARY PROPER'Y BOUNDARY LINE PROPERTY BOUNDARY UNE The following table indicates the Development Deviations: DEVELOPMENT DEVIATIONS DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet 28 feet Pavement Width in Feet Minimum = 28 Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Building = 15 Garage Door = 20 Street—Corner 10 20 Side — Single 0 0 Side —Total 0 0 Rear 5 10 Open Space — Percent Minimum 30 30 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 10 Parking Requirement Per Unit 2 per unit 2 per unit Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' width on one side of road CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 4 DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER*1 Usage LOT NUMBERS Lot Area in Square Feet Residential Lot(s) *1 1 1, 2, 3, 4, 13, 14, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 11, 12, 19, 20 Commercial Lot(s) *1 N/A 0 N/A Building Height — Maximum in Feet Common Area Lot(s) *1 1 As per International Building Code 21, 22, 23 2 Maintenance *1 —AS PER MASTER SITE PLAN Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Lot Area in Square Feet Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner Street—Corner Side — Single Side —Total Rear Building — 15 Garage — 20 20 0 0 10 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet As per International Building Code Parking Requirement Per Unit 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed in CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 5 EXHIBIT B COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non-Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 10 Street—Corner 10 Side —Single 5 Side —Total 10 Rear 10 Building Height — Maximum in Feet 1-story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 1 per 15,000 SF *1 Landscape Requirement Common Lots 21, 22, and 23 will be landscaped per UDC 7.3 and the design shall be done by an authorized designer. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. *1— The development is a designed to be walkable and the common areas are intended for the residences only; The parking and landscape requirement is for lots 21 and 22 only. THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 6 EXHIBIT B The following is the Open Space Layout for the development: OPEN SPACE LAYOUT OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 57,513 1.32 Impervious Area Total Residential Buildable Area 1 18,124 0.42 Total Residential Driveway Area 2 7,646 0.17 PERCENT OF Access Area 3 14,347 0.33 AREA Total Non -Open Space (Impervious Area) 40,207 0.92 70% Total Open Space (Pervious Area) 4 17,306 0.40 30% 1 Maximum area that can be constructed 2 Area from YR to Back of curb excluding sidewalk area 3 Area of all Pavement and Sidewalk 4 Minimum Open Space required is 30% o Oy OPEN PACE FESIDENTNL BI .DIBLE AREA STREET PAVEMENT & DRIVEWAY SOENPLK OM PLO BOUNDARY 10X5' DUMPS TER'.T REOURED SCREENNG CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 7 EXHIBIT B VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 22' wide from edge of pavement throughout with fire land striping and signage installed. The development will provide a sidewalk and additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. 7 AOUARUS ST_(B(BO'ROYB Neff, B.ERGBlCV GATE FCR EMERGENCY \ ACCESS ' STREET PAVEMENT& DPoVEWAY SIDEWALK dm PUS BOUNDARY WIOE EMERGENCY MOVEMENT PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 5 2 per unit 20 40 40 Guest Parking 2 1 per 5 units 20 4 19 Common Area 4 1 per 15,000 SF 3 2 1 3 Total: 45 63 1— Each Residential unit shall have a Garage capable of holding one (1) common sized vehicle. 2 — Each Residential unit will have a driveway capable of holding two (2) common sized vehicles, with one (1) being for guest common sized vehicle. 3— Parking can be provided within the unit or anywhere within the limits of the development. 4 — Lot 21 & 22 SQFT 9,253.94 5— Lot 18 shall be required not to have a garage and be required to have only 2 parking spaces and no guest parking requirement. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 8 EXHIBIT B TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A 20' DRIVEWAY 20' PAVEM ENT 1' 1' CURB CURB 18' DRIVEWAY 6' SIDEWALK 5' SIDEWALK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 9 EXHIBIT B For illustration purposes only. Residential structures may vary. Cross Section B 1'l A4 1, 20' UE 1-15' UE 32.79' AEU E 4.79' 20' DRIVEWAY 6' SIDEWALK 20' PAVEMENT 1' 1' CURB CURB For illustration purposes only. Residential structures may vary. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 10 EXHIBIT B Aerial Overview 1 N Aerial At N PUD Layout PUD Conditions 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. PUD Conditions 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one -foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. T 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. PLANNING COMMISSION FINAL REPORT Case No. 0716-05 HTE No. 16-10000011 Planning Commission Hearing Date: July 27, 2016 Applicant & Legal Description Applicant/Owner: Oceanic B.C., LLC Representatives: Thomas Tiffin, Naismith Engineering Legal Description/Location: Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. Zoning Request From: "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay To: "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay Area: 1.132 acres Purpose of Request: To allow construction of a 20 -unit townhouse community. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS-TH"/PUD Townhouse District with a Planned Unit Development Vacant Medium Density Residential North "RS -6" Single -Family 6 District Vacant and Public/Semi-Public Low Density Residential & Park South "CR -2" Resort Commercial District Commercial Commercial East "RM -3" Multifamily 3 District Vacant Low Density Residential West "CR -2" Resort Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and is planned for medium density residential uses. Map No.: 030027 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the southern corner of Commodores Drive and Aquarius Street (formerly Estrada Drive), both of which are "C1" Minor Residential Collector streets. "Cl" Collectors have a maximum desirable Average Daily Trips (ADT) of 1,000 to 3,000. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Commodores"C1" Drive Collector 60' ROW 40' paved 120' ROW 100' paved Not Available Aquarius Street "C1" CollectorAvailable 60' ROW 40' paved 80' ROW 40' paved Not Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development to the "RS-TH/PUD" Townhouse District with a Revised Planned Unit Development to allow the construction of a 20 -unit townhouse community. Development Plan: The subject property is comprised of 1.132 acres and is proposed to be developed into a non -gated community that will consist of twenty (20) single-family units or townhouses with three common area lots (21-23). The density proposed is less than 22 units per acre. The entrance into the development will provide a twenty-four (24) foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of twenty-two (22) feet wide from edge of pavement throughout with fire lane striping and signage installed. A six-foot sidewalk will be provided on one side of the private drive and additional walkways may be provided to promote walkability and access to the amenities. The PUD indicates that a total of 63 parking spaces will be provided compared to the 45 spaces required. Each residential unit will have a garage capable of holding one common sized vehicle (except Lot 18) and a driveway capable of holding two common sized vehicles. Lot 18 will have a driveway capable of holding two common sized vehicles. Otherwise, on all lots except Lot 18, one of the driveway parking areas is intended to satisfy the guest parking requirement. Parking can be provided within the lots or anywhere within the limits of the development, except where otherwise prohibited. Lots 1-20 on the site plan are the residential lots while lots 21-23 are common area lots. The 3 common area lots may contain improvements including decks, a pool, porch, pavement, fencing, landscaping, utilities and similar community structures. The common areas will be maintained by the Home Owners Association. This PUD will allow the daily, weekly and monthly rentals. The following table compares the proposed PUD development standards to the "RS-TH" Townhouse District standards. Planning Commission Final Report Page 3 Development Deviations Table Minimum Dimensions "RS-TH" District Standards Proposed PUD Deviation Site Area 20,000 sq. ft. 49,310 sq. ft. No Lot Area 2,600 sq. ft. 1,230 sq. ft. Yes Lot Width 26 ft. 22 ft. Yes Street Dimensions 50' ROW 28' ROW Yes Front Yard 10 ft. 15 ft; Building 20 ft.; Garage Door No Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 10 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 30% No Maximum Height 45 ft. 45 ft. No Paved Street Width 28 ft. 20 ft. Yes Curb Type 6 -in. curb & gutter 1' Ribbon Curb Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 3 spaces provided on each lot* No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private street 6 ft. on one side of private street No *Lot 18 — 2 spaces Existing Land Uses & Zoning: The subject property is vacant and zoned "RS- TH"/PUD Townhouse District with a Planned Unit Development Overlay. North of the subject property is zoned "RS -6" Single -Family 6 District and consists of vacant land and a fire station. South of the subject property is zoned "CR -2" Resort Commercial District and consists of the Schlitterbahn Water Resort. East of the subject property is zoned "RM -3" Multifamily 3 District and is vacant. West of the subject property is zoned "CR -2" Commercial Resort District and is also vacant land. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property will be replatted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang -Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for Tourist uses. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). Planning Commission Final Report Page 4 • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space, sidewalk width, and street width and non-traditional street construction standards, while maintaining the required site area, building height, and building separation. • The subject property consists of a single platted lot with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • The master preliminary plat is generally consistent with all zoning requirements for the property. • The proposed provision and configuration of roads and utilities is adequate to serve the property. • The schedule of the development is feasible and assures that the proposed development will progress to completion within the time limits proposed. • The location, size, and sequence of the development proposed assures orderly and efficient development of the land subject to the plat. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -AT" Multifamily Apartment Tourist District to the "RS-TH/PUD" Townhouse with a Planned Unit Development, subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. Planning Commission Final Report Page 5 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one -foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Public Notification Number of Notices Mailed — 48 within 200 -foot notification area 5 outside notification area As of August 2, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Cape Commodore PUD Guidelines 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0716-05 Cape Commodore (Oceanic)\Council Documents\Report for CC -Oceanic B.C., LLC.docx RS -6 �O 33 0 t 4p SUBJECT PROPERTY 400 CR -2 800 Feet Date Created: 7/11/2016 Prepared By: IvetteM Department of Development Services CASE: 0716-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT/ PROPERTY WHITECAP LOCATION MAP City of Corpus Christi Exhibit A CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER OCEANIC B.C., LLC SUBMITTED BY NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2016 NEI: 9188 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 4 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 8 TYPICAL CROSS SECTION 9 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 2 EXHIBIT B DEVELOPMENT DESCRIPTION The Cape Commodore Planned Unit Development (PUD) consists of a Master Site Plan of 1.32 Acres of a Re - Plat of Lot 21, of Block 34, Island Fairway Estates, at the intersection of Commodores Dr. and Aquarius St. on Padre Island. The development is a planned community that will consist of 20 single-family units and 3 common areas. The property currently sits on vacant land and is zoned at RS-TH/PUD. The applicant proposes a new PUD. The Future Land Use Plan designates the property for Medium Density Residential uses, less than 22 units per acre. DEVELOPMENT LOCATION MAP Commodores,D Google Maps Imagery Date: February 2016 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B CURRENT LAND USE ZONING North of Property Vacant and Public/Semi Public RS -6 South of Property Commercial CR -2 East of Property Commercial RM -3 West of Property Commercial CR -2 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B LOT LAYOUT The following is the Lot Layout for the development: DEDICATION OF ORIGINAL BOUNDARY LINE. eoRDER REVISED TO AIEETIAINIAIUAI REQUIRED RADIUS. \;O NCbG, OUARus S: mo Ro!A _ _ RES':OEN'AL LOT I] COAMCA AREA LO' ..I. PUDBOtNDARY PROPER'Y BOUNDARY LINE PROPERTY BOUNDARY UNE The following table indicates the Development Deviations: DEVELOPMENT DEVIATIONS DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet 28 feet Pavement Width in Feet Minimum = 28 Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Building = 15 Garage Door = 20 Street—Corner 10 20 Side — Single 0 0 Side —Total 0 0 Rear 5 10 Open Space — Percent Minimum 30 30 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 10 Parking Requirement Per Unit 2 per unit 2 per unit Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' width on one side of road CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 4 DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER*1 Usage LOT NUMBERS Lot Area in Square Feet Residential Lot(s) *1 1 1, 2, 3, 4, 13, 14, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 11, 12, 19, 20 Commercial Lot(s) *1 N/A 0 N/A Building Height — Maximum in Feet Common Area Lot(s) *1 1 As per International Building Code 21, 22, 23 2 Maintenance *1 —AS PER MASTER SITE PLAN Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Lot Area in Square Feet Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner Street—Corner Side — Single Side —Total Rear Building — 15 Garage — 20 20 0 0 10 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet As per International Building Code Parking Requirement Per Unit 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed in CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 5 EXHIBIT B COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non-Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 10 Street—Corner 10 Side —Single 5 Side —Total 10 Rear 10 Building Height — Maximum in Feet 1-story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 1 per 15,000 SF *1 Landscape Requirement Common Lots 21, 22, and 23 will be landscaped per UDC 7.3 and the design shall be done by an authorized designer. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. *1— The development is a designed to be walkable and the common areas are intended for the residences only; The parking and landscape requirement is for lots 21 and 22 only. THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 6 EXHIBIT B The following is the Open Space Layout for the development: OPEN SPACE LAYOUT OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 57,513 1.32 Impervious Area Total Residential Buildable Area 1 18,124 0.42 Total Residential Driveway Area 2 7,646 0.17 PERCENT OF Access Area 3 14,347 0.33 AREA Total Non -Open Space (Impervious Area) 40,207 0.92 70% Total Open Space (Pervious Area) 4 17,306 0.40 30% 1 Maximum area that can be constructed 2 Area from YR to Back of curb excluding sidewalk area 3 Area of all Pavement and Sidewalk 4 Minimum Open Space required is 30% o Oy OPEN PACE FESIDENTNL BI .DIBLE AREA STREET PAVEMENT & DRIVEWAY SOENPLK OM PLO BOUNDARY 10X5' DUMPS TER'.T REOURED SCREENNG CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 7 EXHIBIT B VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 22' wide from edge of pavement throughout with fire land striping and signage installed. The development will provide a sidewalk and additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. 7 AOUARUS ST_(B(BO'ROYB Neff, B.ERGBlCV GATE FCR EMERGENCY \ ACCESS ' STREET PAVEMENT& DPoVEWAY SIDEWALK dm PUS BOUNDARY WIOE EMERGENCY MOVEMENT PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 5 2 per unit 20 40 40 Guest Parking 2 1 per 5 units 20 4 19 Common Area 4 1 per 15,000 SF 3 2 1 3 Total: 45 63 1— Each Residential unit shall have a Garage capable of holding one (1) common sized vehicle. 2 — Each Residential unit will have a driveway capable of holding two (2) common sized vehicles, with one (1) being for guest common sized vehicle. 3— Parking can be provided within the unit or anywhere within the limits of the development. 4 — Lot 21 & 22 SQFT 9,253.94 5— Lot 18 shall be required not to have a garage and be required to have only 2 parking spaces and no guest parking requirement. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 8 EXHIBIT B TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A 20' DRIVEWAY 20' PAVEM ENT 1' 1' CURB CURB 18' DRIVEWAY 6' SIDEWALK 5' SIDEWALK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 9 EXHIBIT B For illustration purposes only. Residential structures may vary. Cross Section B 1'l A4 1, 20' UE 1-15' UE 32.79' AEU E 4.79' 20' DRIVEWAY 6' SIDEWALK 20' PAVEMENT 1' 1' CURB CURB For illustration purposes only. Residential structures may vary. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 10 EXHIBIT B AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 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 1021 Agnes Street CAPTION: Case No. 0716-07 V&M Equity Properties, LLC: A change of zoning from the CI" Intensive Commercial District and "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility. The property is described as Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street. PURPOSE: The purpose of this item is to rezone the property to allow construction of a warehouse for an existing restaurant supply business. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and the following additional conditions: 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently Jean's Restaurant Supply. 3. 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. 4. Hours of Operation: 7:30 am to 5:30 pm., Monday through Friday. 5. Signage: Off -premise advertising signage is not allowed on the property. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. 6. Dumpster Screening: Any dumpster located on the Property shall be screened from view from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: Upon development of the Property, one of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. 8. Building Height: The height of buildings on the Property shall not exceed 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Vote Results: For: 8 Opposed: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit to allow a 3,750 square foot warehouse, office and associated parking lot for Jean's Restaurant Supply. The "CI" Intensive Commercial District conditionally allows a warehouse use if approved through the special permit rezoning process. The applicant has indicated that the warehouse is likely to have five to 30 deliveries per week to customers and four to five warehouse supply shipments to the warehouse per week. The applicant has also indicated that the property will not have any outside storage uses and will contain an office for a warehouse employee. Existing conditions imply an adjustment to the Future Land Use Map may be appropriate to designate the subject property for commercial uses. The property to be rezoned is suitable for uses permitted by the "CI/SP" zoning district and the Special Permit would further limit the property to acceptable uses. Commercial uses are appropriately located along an arterial roadway, such as Agnes Street. The proposed rezoning would not alter the character of the immediate vicinity and the proposed rezoning is not anticipated to negatively impact the surrounding properties. The Special Permit request meets all of the review criteria required by UDC Article 3.6.3 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 Central Business Development Plan (ADP). The proposed rezoning to the "CI/SP" Intensive Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map's designation of the property as high density residential, however, approval of the change in zoning may further several goals and policies contained in the ADP and the Comprehensive 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 V&M Equity Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 10A, Block 10 Chamberlin's Subdivision, from the "Cl" Intensive Commercial District and "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility; 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 V&M Equity Properties, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended Approval of the change of zoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, and on Tuesday, August 23, 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 V&M Equity Properties, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street (the "Property"), from the "CI" Intensive Commercial District and the"RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility (Zoning Map No. 045044), as shown in Exhibits "A", and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently Jean's Restaurant Supply. 3. 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. 4. Hours of Operation: 7:30 am to 5:30 pm., Monday through Friday. 5. Signage: Off -premise advertising signage is not allowed on the property. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. 6. Dumpster Screening: Any dumpster located on the Property shall be screened from view from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: Upon development of the Property, one of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. 8. Building Height: The height of buildings on the Property shall not exceed 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy 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 the Property for commercial land 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_V&M Equity Properties Page 3 of 3 a Date Created: 7/13/2016 PrepiarediBy: Jere"tnyM ,De a artinent of Devdiorheht Setvices CASE: 0716-07 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 CHANNEL 4 LEOPARD , ' SUBJECTmr, PROPERTY 111 A LOCATION MAP City of Corpus Christi Exhibit A 1. U.E. 20' Y.R. N80°2559"E 183.73' PROPERTY LINE PROPOSID N -lilt VITAL BU LD NG 3750 SQ=T EXISTING 4 SIDE WALK PROPERTY LINE PRIVATE ALLEYWAY PARKING PLAN 3/32 = 1 EXHIBIT B ECT INFORMATION 0 z A5 Aerial Overview 1 N Aerial Aerial I TOE w A 1 RUE. T RAT AGNES ST. AR Kw, CAL 000e0ee000000000000o00 00000000000o0000orp000 • r Exl•G CRP: TONE RUE. 10000 - 0 y PROPOSED / j NEW METAL ;; EU LDINO `/ 3750 SOFT/ � PAD FENCE RM -3 EXIST,. TREE ExmNs TRE- Staff Recommendation Approval of the "Cl/ SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the following conditions: Special Conditions 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently for Jean's Restaurant Supply. Special Conditions 3. 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. 4. Hours of Operation: 7:30 am to 5:30 pm., Mon. - Fri. 5. Signage: Off -premise advertising is not allowed. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. Special Conditions 6. Dumpster Screening: Any dumpster located on the property shall be screened from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: One of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. Special Conditions 8. Building Height: Limited to 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 0716-07 HTE No. 16-10000020 Planning Commission Hearing Date: July 27, 2016 Applicant & Legal Description Applicant/Owner: V&M Equity Properties, LLC (Jean's Restaurant Supply) Legal Description/Location: Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street. Zoning Request From: "Cl" Intensive Commercial District and "RM -3" Multifamily 3 District To: "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility Area: 0.51 acres Purpose of Request: To allow construction of a warehouse for an existing restaurant supply business. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 and "CI" Intensive Commercial Vacant High Density Residential and Commercial North "RM -3" Multifamily 3 and "CI" Intensive Commercial Low Density Residential and Commercial Mixed Use/Medium Density Residential South "RM -3" Multifamily 3 and "CI" Intensive Commercial Medium Density Residential and Commercial High Density Residential and Commercial East "RM -3" Multifamily 3 Vacant High Density Residential West "CI" Intensive Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the plan area boundaries of the Central Business Development Plan. The Future Land Use Map designates the subject property for high density residential uses and commercial uses. The proposed rezoning to the "CI/SP" Intensive Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map. Map No.: 045044 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 184 feet of street frontage along Agnes Street, which is designated as an A2 Secondary Arterial street. The maximum desirable average daily trips for an A2 Secondary Arterial street is 20,000 to 32,000 trips. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Agnes Street "A2" Secondary Arterial 100' ROW 54' paved 60' ROW 40' paved 3,049 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District and the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit to allow for the construction of a warehouse for Jean's Restaurant Supply. Development Plan: The applicant intends to construct a 3,750 square foot warehouse, office and associated parking lot. The warehouse will be used by the adjacent existing restaurant supply store. In addition, to allow more customer parking at the existing Jean's Restaurant Supply, the new parking lot on Lot 10A will be used for employee parking, delivery vehicle parking and loading of delivery vehicles. A portion of lot 10A will not be paved and reserved for future parking and/or building expansion. The applicant has indicated that the warehouse is likely to have five to 30 deliveries per week to customers and four to five warehouse supply shipments to the warehouse per week. The applicant has indicated that the property will not have any outside storage uses and will contain an office for a warehouse employee. Existing Land Uses & Zoning: The property to the north across Agnes Street is a car lot and single-family dwelling and is zoned "RM -3" Multifamily and "Cl" Intensive Commercial. To the south across an alley consists of a vacant lot, multifamily dwellings and a commercial use (Jean's Restaurant Supply office) with the "RM -3" Multifamily 3 District and the "CI" Intensive Commercial District. East of the subject property is vacant land in the "RM -3" Multifamily 3 District. To the west of the subject property is a commercial use (Jean's Restaurant Supply store) in the "CI" Intensive Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is comprised of a single platted lot. Report for CC_0716-07 V&M Equity Properties (Jeans's Restaurant Supply) Planning Commission Final Report Page 3 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Development Plan (ADP). The proposed rezoning to the "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as high density residential, however, approval of the change in zoning may further several goals and policies contained in the ADP and the Comprehensive Plan. The following are pertinent policies of the Comprehensive Plan and the ADP that warrant consideration. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement h). - Business areas that feature mixed office use and retail activities should be encouraged (Comprehensive Plan, Commercial Policy Statement a). - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). Department Comments: • Existing conditions imply an adjustment to the Future Land Use Map may be appropriate to designate the subject property for commercial uses. • The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development. • The "CI" Intensive Commercial District conditionally allows a warehouse use, provided the warehouse is subject to a special permit. • The property to be rezoned is suitable for uses permitted by the "CI/SP" zoning district. The Special Permit would further limit the property to acceptable uses. • Commercial uses are appropriately located along an arterial roadway. • The proposed rezoning would not alter the character of the immediate vicinity. • The proposed rezoning is not anticipated to negatively impact the surrounding properties. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and the following additional conditions: 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently Jean's Restaurant Supply. Planning Commission Final Report Page 4 3. 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. 4. Hours of Operation: 7:30 am to 5:30 pm., Monday through Friday. 5. Signage: Off -premise advertising signage is not allowed on the property. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. 6. Dumpster Screening: Any dumpster located on the Property shall be screened from view from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: Upon development of the Property, one of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. 8. Building Height: The height of buildings on the Property shall not exceed 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 32 within 200 -foot notification area 4 outside notification area As of August 2, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Landscape Plan 4. Parking Plan 5. Application 6. Public Comments Received (if any) Report for CC_0716-07 V&M Equity Properties (Jeans's Restaurant Supply) SPC/10-02 ■ G2 1p EDO ST H � 11 I a RM -3 0 it" �C I 28 .466 O h 26 �� 29 ` ON 1c O,. S BJECT PROPERTY CC RM -1 ti a ••_I 80 v ARK alga Feet 01N �T Date Created: 7/13/2016 PreplarediBir: Jere"tnyM ,De a arfinent of Devdio tt eht Services CASE: 0716-07 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition / LOCATION MAP ilk City of Corpus Christi AGNES STREET C-1 NBP20523f 103,2 PROPERTY LINE EXISTING ENTRANCE CONCRETE T AGNES ST. POWEREXISTING POLE EXISTING WATER METER 4' SIDE WALK 4SIDE WALK LOADING DOCK PROPOSED NEW METAL BUILDING 3750 SOFT 1 115/313 ALLEYWAY SITE PLAN C ENTR LOT 10A BLOCK 10 CHAMBERLIN'S SUBDIVISION 0.511 ACRE PROPERTY LINE S002559W 19. 1/16 = 1-0 LAND USE - COMMERCIAL PARKING REQUIREMENTS NONE FERAONO 1 AND PANNG SCOPE OF WORK SHALL NOT EXCEED 8000 SJ FT 2. MAINIAIN A SOLID WOOD SCREENING FENCE FOR 10' BUFFER YARD 00310 J. DUMPS1ER AREA 10 BE SCREENED WWI SOLID WOOD FENCE ALL AROUND STREW YARD LINE IO CONCRETE DUMPS. SCREENED WIIH SOLID WOOD FENCE ALL AR W. 0' SOLID WOODEN SCREENING FENCE RM -3 0 SLID WOODEN SCREENING FENCE (UDC 706 FOR REDEVELOPMEM( PROJECT INFORMATION -74 J [NAM 50, 5.K 12Af3; 90905 SCALE. 1/ 16"-1'0" 51 AGNES STREET C-1 CHEF,''.. 0AsI PARSI8G SAN: Eec Nc 0 FRCP E Ho ev< MASH , GAL 1 1 EDGING 0000 >000 0 0 8000 5058 EXi N P4LM, EDGING CAPE HONEY SID LE 0000000000000000000bo0 \,00000000000000000ng000 EDGING A is L PROPOSED NEIN METAL BUILDING 3750 SOFT PROPERTY LIND SIRE@ YARD LINE C-1 PRIVATE ALLEAN@ LANDSCAPE PLAN 1/16— = 1'-0 580'255W 19330 PLANT LIST QTY NAME SIZE SPACING POINTS 38 CAPE HONEY SUCKLE TECOMA CAPENSIS 3 GALLON 0 2PT5 4' O.C. 75 58 LANTANA LANTANA CAMARA 'NEW GOLD' 1 GALLON 0 1 PT 32 0.0. 58 2 FAN PALMS (EXISTING) WASHINGTONIA FILIFERA 35 TRUNK FT @ 201T EXISTING AS SHOWN 140 8' SOLID WOODEN SCREENING FENCE RM -3 @ONO TREE @RIIND @EL LANDSCAPE CALCULATIONS ZONE: COMMERCIAL C-1 PRIMARY STREET YARD 100%: AGNES STREET YARD AREA: 10386 SOFT LANDSCAPE AREA 157, REQUIRED: 1558 SOFT LANDSCAPE AREA PROVIDED: 1899 SQ FT TOTAL LANDSCAPE POINTS REQUIRED .02: 207 PTS 50% TREE POINTS REQUIRED: 103 PTS TOTAL TREE POINTS PROVIDED: 146 PTS TOTAL SHRUB POINTS PROVIDED: 134 PTS TOTAL LANDSCAPE POINTS PROVIDED: 274 PTS BUFFER YARD PROVIDED: 10' BUFFER YARD POINTS: 6 PTS (SOLID WOOD SCREENING FENCE) GENERAL NOTES: 1. FLATWORK AND PAVING SCOPE OF WORK SHALL NOT EXCEED 8000 00 FT 2. MAINTAIN A SOLID WOOD SCREENING FENCE FOR BUFFER YARD 3. ROOT BARRIER SYSTEM (TYPAR BIO—BARRIER OR EQUIVALENT) SHALL BE SET 0 PLACE MIN 2' FROM THE NEAREST UTILITY LINE AND TO A DEPTH OF AT LEAST EQUAL TO OR GREATER THAN THE DEPTH OF THE UNDERGROUND U0LITY. 4. HOSE BIB SHALL BE KEPT WITHIN 75FT OF ALL LANDSCAPED AREAS. 5. EDGING TO BE 1"X6" BEND—A—BOARD EDGE. INSTALL PER MFG'S RECOMMENDED INSTRUCTIONS. 6. CONTRACTOR SHALL BECOME FAMILIAR WITH THE PROPERTY AND LOCATE ALL UNDERGROUND UTILITIES AND MARK THE ACCORDINGLY PRIOR TO EXCAVATION. FAN PALM LANTANA O CAPE HONEY SUCKLE ROJECT INFORMATION C. u :I-;: 4.18.1 I I -1' 1. U.E. 20' Y.R. N80°2559"E 183.73' PROPERTY LINE PROPOSID N -lilt VITAL BU LD NG 3750 SQ=T EXISTING 4 SIDE WALK PROPERTY LINE PRIVATE ALLEYWAY PARKING PLAN 3/32 = 1 -0 ECT INFORMATION 0 z O,QUS ,y�. I r._ - J x Iasi REZONING APPLICATION Office Use Only Case No.: 0716-07 Map No.: 045044 PC Hearing Date; July 27, 2016 Proj.Mgr: Hearing Location; City Hall, Council Chambers. 1201 Leopard Street Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 {361 } 826-3240 Located at 2406 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 p 1 C j ,t 1. Applicant 3 -rod\ 5 Re s-�•0.uYt*.14- 31(31 � Contact Person : finrhon us G AV -i q Mailing Address'le% 1 l V �J Address' 4 2. 6 S. 54&p City. C (PT.'S us eke; 44 i State Tx ZIP: 78+01 Phone: (36 I ) 884— a 8 00 E-mail aATl'1oI1t,t it CO‘ItS 1" e S40..tAt a.A4 Str 13 •COM Cell: (36I ) 765 — 1002. .s. 2. Property Owner(s). it M Ei ur,�y PYopeContact Person : Volt i ¢ 1"losTa.411aS1 1r4;es �V Mailing Address: 4 ..6 S . StL0.p I•t15 *+ City' COTFU5 CIW;S-r State TX ZIP: 7$340L Phone:( 2G ) g 8 4 —'L80b ft E-mail: C.ohTQ,c.A- a SCA11S V'eST&uMnn4 Stfrft �� . CO," Cell: ( } 3. Subject Property Address. 102,1 i4 A F 5 S4 . Area of Request (ASF/acres): Current Zoning & Use. Rest cif A 1-10 W 7 None Proposed Zoning & Use: ast k oars r n4 12 -Digit Nueces County Tax ID: l i- 0 `- 0 60 J I Subdivision Name: Cko.rInc, [ s n S Block 0 Lot(s). 10 A _ Legal Description if not platted: 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held ❑ Disclosure is inconsistent exhibit landowner • with City Staff of Interest ❑ Copy of Warranty Deed with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit • Land Use Statement IF APPLICABLE: ❑ Peak Hour Trip Form (if request ■ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization 0 Appointment of Agent Form if is not signing this form I certify that have rovided 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. Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: ".--11— 1 (0, Received By: +1)-i- ADP. CB Rezoning Fee: 1107.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1117.50 No. Signs Required 1 @ $10/sign Sign Posting Date: NTS VCSLSHARED\LAND DEVELOPMENt'APPLICATION FORMSIREZONINGIZONING APPLICATION 2015 DOC Form Revised 512/2015 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. i)Uc S:: 3v, I cl 3750 slow, co04- ene- \ as a pe;v2-1-e_, W ave,Vo►sse, SSa( e, F c; l; . ��� rn er��+Ty,cl mak-sc., gc . � J Uri; -`r is si13k1 S-1-0c'ki/[013400c.A-mvn scLerit,\ezi (owlele+.+=D1 ;+n OC4cbec IO1G. Pack:10 S93ces ,,,1 gccec,s,ble. Wacetnoosc. i?eople, . - 'e \\oo0 opes'air;ay, Scoee., Wacao clew►al;*.oma is fectu,red S=ire. ¥ie.- cdocreur laid ., V'^c1/4. eve` o f ed , Ar hew einy , Acercc j othrtd -a#:0 w; \ be Pc td '15 h be. OaceC1 for- address ?arposa S'►�►c� ;k ,s (?c,3 �4-e_ awl Y10-' .ctit' SLow coo - seace) f nem w;l\ be 1.cm,4-e srg?ca,ae., 2. Identify the existing land uses adjoining the area of request: North - CI Co.+,,efc C - & c -4-ec. ‘2;( WCS South C (?M-3 E s ,1 cc-s.6e. at a cel, East - -M" , q4r-.ic,-k-ory Uo,I+) West - C 1 Cov,;v, - l Sir CIUSERSITANYAR.0001GESKTOPIGAILY USEWNNIKAILAND USE STATEMENT FOR ZONING.DOC APPOINTMENT OF AGENT As owner of the subject property, 1 hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: A,rI4oA u�J V1�1a� Gl 1 t 1 Mailing Address: O^�aA to..nStteSTA.UY&A4-.591L . CAM City: Corpc)s C�+vis�� State: 7X Zip: 7$40 Home Phone: ! 36 t ) gq1'1itk Business Phone: (36 1 ) 884-1200 Cell: S 361 ) /65 -'1002, 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 Tess 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 1 certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a en a to the entity. *Signature of Agent: Title: CAD Del..? er Printed/Typed Name of Agent: AAtin. n, Gj ar C I Date: 5/ 1 8 116 *Signature of Property Owner: Na ii( Printed/Typed Name of Property Owner: Voll J MdStd.3t8 Title: OwncY Date: 5112/16 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D W Brown APPOINTMENT 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: Jeo%A 5 Res4"au1r04.4 Surf It (T; Lc. DBA) STREET: 49,G 5. Si.a.pkt5 CITY: Comer us C ri61; ZIP: 78401 FIRM is: rporation 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 NA Job Title and City Department (if known) NA 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NA NA 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 NA NA 4. State the names of each employee or officer of a "consultanr for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to ' ` the City of Corpus Christi, Texas as changes occur. CAD n Certifying Person: iliA ,r i a.Y r l t►.. Title: CAD Desiyeir (Print Name J Signature of Certifying Person: Date: 5/18/2046 KIOEVELOPMENTSVCSLSHAREDLLAND DEVELOPMENTIAPPLICATION FORMS REZONING4DISCLOSURE OF INTERESTS STATEMENT 5,12.2015,000 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 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 630 Robinson Street CAPTION: Case No. 0716-03 Corpus Christi Hope House, Inc.: A change of zoning from the "RM - 1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. PURPOSE: The purpose of this item is to rezone the property to continue operation of Hope House, which is a social service use that provides transitional housing for homeless women and their dependent children, and allow expansion of the facility to the rear of the property. RECOMMENDATION: Planning Commission and Staff Recommendation (July 13, 2016): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant requests the change in zoning to bring the existing facility, Hope House, into compliance and to allow expansion. Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The applicant proposes to construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property that may provide up to five bedrooms to accommodate additional residents. Hope House typically houses one mother and her dependent children in each bedroom. Intake of residents for this facility occurs at the office for Hope House located at 658 Robinson Street on the corner of Robinson Street and Swantner Drive. The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. The applicant is in agreement the Planning Commission and Staff recommendation. ALTERNATIVES: 1. Deny the request. 2. Approve the "RM-1/SP" District as recommended 3. Approve the "CG-1/SP" District (requires 3/4 vote) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z 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-RM-1/SP Ordinance-CG-1/SP Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to seven conditions, and on Tuesday, August 23, 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 Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive ("Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; (Zoning Map No. 045040), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired 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_ RM -1 -SP 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_ RM -1 -SP Page 3 of 3 CG -2 RS -6 0 SUBJECT PROPERTY 400 CASE: 0716-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home $ Feet GNES Date Created: 6/24/2016 Prepared>By: I vetteM Department f eveloprnent Services MORGAN SUBJECT P�ROPERT�Y oy4, -.0 U7 �y Q GD y3s LOCATION MAP 1,944. City of Corpus Christi Exhibit A I T - 1 A / .1 %.....}� G 1 1 n G cLo vL2777 LL ,a oMP IA„ ni, ' : LOSw [ Ilk4 .,o. ®R o o rr II . 0 I 6B ..� c L.IP II ""e11 7 IIMER M d .4.0' 56.3' TWO STORY BRICK AND WOOD BUILDING /48.3' \2.2' ONE STORY WOOD GARAGE (‘) \a .N N, 12.2' 4.0' CONCRETE DRIVEWAY AC 25' B.L. 29.64' EXHIBIT B S53°50103"E 120.00' (MEAS) Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to seven conditions, and on Tuesday, August 23, 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 Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive (the "Property"), from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit; (Zoning Map No. 045040), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan of the property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired 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 City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land 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_ CG -1 -SP Page 3 of 3 CG -2 RS -6 0 SUBJECT PROPERTY 400 CASE: 0716-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home $ Feet GNES Date Created: 6/24/2016 Prepared>By: I vetteM Department f eveloprnent Services MORGAN SUBJECT P�ROPERT�Y oy4, -.0 U7 �y Q GD y3s LOCATION MAP 1,944. City of Corpus Christi Exhibit A I T - 1 A / .1 %.....}� G 1 1 n G cLo vL2777 LL ,a oMP IA„ ni, ' : LOSw [ Ilk4 .,o. ®R o o rr II . 0 I 6B ..� c L.IP II ""e11 7 IIMER M d .4.0' 56.3' TWO STORY BRICK AND WOOD BUILDING /48.3' \2.2' ONE STORY WOOD GARAGE (‘) \a .N N, 12.2' 4.0' CONCRETE DRIVEWAY AC 25' B.L. 29.64' EXHIBIT B S53°50103"E 120.00' (MEAS) Aerial Overview Aerial Site Plan 1 N Staff Recommendation Denial of the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit subject the following conditions: Special Permit Conditions 1. Use: • "RM -1" District Uses • Transitional Housing Facility, a social service use operated to assist clients with their transition into permanent housing. • No soup kitchen or public feeding shall be allowed. • Definition of Transitional Housing Facility: a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. • Limited to nine bedrooms. Special Permit Conditions 2. Security: The transitional housing facility shall be monitored by staff 24 hours a day. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. Special Permit Conditions 5. Parking: The parking requirement is 1 space per employee and 1 space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 0716-03 HTE No. 16-10000025 Planning Commission Hearing Date: July 13, 2016 Applicant & Legal Description Applicant/Owner: Corpus Christi Hope House, Inc. Legal Description/Location: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "CG-1/SP" General Commercial District with a Special Permit for a social service use Area: 0.22 acres Purpose of Request: To continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential East "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential West "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map or the Southeast Area Development Plan. Map No.: 045040 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 75 feet of street frontage along Robinson Drive, which is a local residential street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Robinson Drive Local Residential 50' ROW 28' paved 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit to continue operation of an existing Social Service Use, Hope House, and to allow the construction of an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. Specifically, the proposed Social Service Use is a transitional housing facility that provides a residence for homeless women and their dependent children. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and could be considered either a Social Service Use or Group Living Use. A later UDC text amendment will be needed to better define the transitional housing use and the zoning district where it is allowed. A Group Living Use is characterized as "Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training." Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Until the UDC is amended through a public hearing process to determine the best category and zoning district for transitional housing facilities, Staff has conservatively determined that the use is best categorized as a Social Service Use. Development Plan: Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The applicant requests the change in zoning to bring the existing facility into compliance and to allow expansion. The subject property currently has three structures on site; a large two-story apartment building, a detached garage and a wood deck. The two-story apartment building currently accommodates up to seven women and their dependent children. The applicant proposes to construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property that may provide up to five bedrooms to accommodate additional residents. Hope House typically houses one mother and her dependent children in each bedroom. Planning Commission Final Report Page 3 Intake of residents for this facility occurs at the office for Hope House located at 658 Robinson Street on the corner of Robinson Street and Swantner Drive. Residents also participate in the classes and programs held at 658 Robinson Street. Residents are typically on-site after 3:00 p.m. during the week and 24 hours per day on the weekends. The facility is monitored by two on-site employees. Existing Land Uses & Zoning: The subject property is zoned "RM -1" Multifamily 1 and consists of Hope House, a transitional housing facility. North of the subject property is zoned "RS -6" Single -Family 6 District and is occupied by low density residential uses. South, east and west of the subject property is zoned "RM -1" Multifamily 1 District and is occupied by medium density residential uses. East of the subject property at 626 Robinson Street (next door to Hope House) is a facility owned by Recovery Contacts, Inc., which is a facility designed to provide a low-cost, safe, clean and sober living environment for its residents along with a 12 Step Program. Nearly all of Robinson Street is developed with similar multifamily structures. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property contains one complete lot and a portion of an adjacent lot. The subject property needs to be replatted in order to allow a new building to cross lot lines. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. Additionally, the following are Comprehensive Plan Policy Statements that warrant consideration: • Comprehensive Plan Policy Statements on Social Services (pg. 52): A. Social service facilities should be provided in a systematic manner that ensures services are provided where they are most needed. In order to systematically provide these services, standards should be developed which are based on population size and the socio-economic characteristics of the population. B. Some social service facilities should meet the needs of specific populations. The quality and physical setting of all social services should be periodically reviewed, and improved if necessary, to meet the needs of the elderly, disabled, and other special population groups. • 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. Planning Commission Final Report Page 4 Department Comments: • The proposed rezoning with the "CG -1" General Commercial is not consistent with the Comprehensive Plan Future Land Use Map or the policies of the Comprehensive Plan or Southeast Area Development Plan. However, maintaining the subject property's base zoning district of "RM -1" Multifamily 1 District and additionally granting a Special Permit for the transitional housing facility is consistent with City plans/policies. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. • As stated by the applicant, the close proximity of this location to transit service, grocery stores, restaurants, employment centers and community services are ideal for the residents of Hope House. • Nearly all of Robinson Street is developed with similar multifamily structures and another type of social service use ("Recovery Contacts") is located immediately adjacent to the subject property. • Residents do not own vehicles, so the proposed use is not expected to generate any significant increase in vehicular traffic or parking demand in the neighborhood. • The applicant intends to construct an additional residential structure at the rear of the property. UDC requirements pertaining to required setbacks and buffer yards will ensure development that is compatible with adjacent development. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. Planning Commission Final Report Page 5 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 30 within 200 -foot notification area 6 outside notification area As of August 2, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 4.75% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan for New Structure 3. Floor Layout for New Structure 4. Floor Layouts for Existing Structure 5. Application 6. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-03 Hope House (630 Robinson)\Council Documents\Report for CC_Hope House (630 Robinson).docx CG -2 RS -6 0 SUBJECT PROPERTY 400 800 CASE: 0716-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition Date Created: 6/24/2016 Prepared>B y: I ve t to M Department f Development Services SUBJECT PROPERTY LOCATION MAP City of Corpus Christi 1 / I .J �...}� v G 1 I 0 IR LOS — � QQQ co KFCHENDINING ,a o. oMP IA„ w ni, :4 LOS [ Ilk ®a o oLL rr II KM i I 0 1H I X I 6B ..� c L.IP II ""e• 0 IIMER ONE STORY WOOD GARAGE (‘) \a .N N, CONCRETE DRIVEWAY .4.0' TWO STORY BRICK AND WOOD BUILDING 29.64' S53°50103"E 120.00' (MEAS) I I o tr 111111111111111 I I I I 111111 nr" — snA3 2)7,2221, 0 244 8 1 ID 9 5 EXTERIOR ELEVATIONS j 104 114 „-o aAi ® NIF l L I u ate. ate. - sI LOS / ® ®I. as��la Euaoom o x.�xE ela oaoo m ® s II EI _ — APPLJANCES TO BE ADA COMPLIANT te ...ire ahad 8 ;LL 11 I— 1® w S w g . e cLos. - —• /— — —61 BEDROOM o- -0 A BEDROOM CLOS. ® BEDROOM 131 I. \ e 9 ¢6 o—e.a 2-103ia.� an — , 9 e 0 "I r U' Z a 0 ❑ w °o o. LL ® 1-37111, IDE Ma. N 0 101 m 0 z 11 -13 0 0 r z ewanadwi pue SUOI WAOUJ X15TINVzDuiNc9, Nle id BOO1d .LG 1 xIs�1 N G �3vI1 U\J G O z Z .00a, = ...i4,f Ili i.., `~ ".Case kle t ti -les . Development Services Dept. P 0 Box 9277 Corpus Chnsti Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION - Office Use Only No.: 0716-03 Map No.: 045040 July 13, 2016 PC Hearing Date' Proj.Mgr: 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: Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address; 658 Robinson Street City. Corpus Christi State. TX ZIP.: 78904 Phone: (361 )852-2273 E-mailCell: ( 361 ) 510-5045 2. Property Owner(s).Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address. 658 Robinson Street City: Corpus Christi State' TX ZIP 78409 Phone: ( 361 ) 852-2273 E-mail. Cell: ( 361 ) 510-5045 rea oRequest (SF/acres): Approximately .s pons 3. Subject Property Address: 630 Robinson street, Corpus Christi, TX 76404A - AN-1 Multifamily 1 D17tr1C1/lls•d ea p Apmbeaa Social Service Uses '5.1.3.11/Homeless Shelter Current Zoning 8 Use. shelter dime 1992 Proposed Zoning & Use. 12-Digit Nueces County Tax ID. 4 4 2 5,0 0 3 8.0 0 8 0 Lr 8 and Subdivision Name. Lindale Park Unit 4 Block. 38 Lots) £20' Lc'r Legal Description if not platted: Lindale Park Unit 4 Lt 8 & E20' Lot 9 Block 38 4. Submittal Requirements: Date Held : with City Slaff • Early Assistance Meeting: J Land Use Statement IF APPLICABLE. ❑ Peak Hour Trip Form (if request 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 Authonzation is not signing this form ;d Disclosure is inconsistent with exhibit landowner ■ Metes & Bounds Description ❑ Appointment of Agent Form if I certify that I have provided the City of Corpus Chnsti with a complete application for review; that I am authorized to initiate this rezoning r on behleif of the Property Owner(s). and informatn provided i rale it- Owner r Agent's Signature AFpli nt s Signnaturre Melissa Juarez Melissa Juarez Owner or Agent 5 Printed Name Applicant's Printed Name Office Use Only: Date Received: 3/8/16 Received By: bkp ADP: SE Rezoning Fee: + PUD Fee 0 +-Sign Fee = Total Fee No. Signs Required ® S10/sign Sign Posting Date: K IDEVELIPMENT ::.5'.F.HAREI'.; ANA 0E 1. L 7PMENTIAPF LICA'. ION r OR MSIREZr1NING'2ONIND 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. The purpose of this request is to conform to City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House has operated a homeless shelter at 630 Robinson Street since 1992. The address is currently zoned as RM -1 Multifamily 1 District, our organization is submitting a request for rezoning to be considered for Social Service Uses [5.1.3.1] so that the Homeless Shelter would conform and be in compliance with City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House operates a homeless shelter for women and their dependent children at 630 Robinson in Corpus Christi, Texas. There are two regular employees on-site. The site is approximately one half acre. The facilities located at the 630 Robinson Street location is approximately 3,072 sq. ft.; however, our organization anticipates expanding at this current location (see attached plans). The facility located at 630 Robinson Street is a large two-story house that accommodates up to seven women and their dependent children. There is easy access to transportation, since city bus service is within two blocks of the shelters. Hope House provides free bus tokens/bus passes to our residents. HEB, restaurants and shopping centers are also located within two blocks of the shelters. Employment centers and community services are within a few miles of the shelters. Hope House is in Lindale Park Unit 4 Lt 8 & E20' Lot 9 Block 38. There are no demolition plans and the address adheres to coded setback area. No signage exists and no offices exist at this location. Residents are on-site 24 hours a day on weekends and usually after 3 PM during the week along with House Monitors. We typically house one mother per bedroom and their dependent child or children. Handicap Parking is accessible from our driveway. Adequate parking exists. Identify the existing land uses adjoining the area of request: North - South - East - Recovery Contacts, Inc. - Halfway House Residential Quadplex Apartments Residential Home West - Residential Quadplex Apartments C'\USERS\TANYAR.000\DESKTOP \DAILY USE ANNIKA\LAND USE STATEMENT FOR ZONING DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do bus ness with the City to provide the following information Every question must be answered. If the question is not applicable, answer with "NA'. NAME Corpus Christi Hope House, Inc. STREET: 630 Robinson Street CITY: Corpus Christi Zlp: 78409 FIRM Is: Corporation °Partnership ()Sole Owner °Association °Other Non-pt°fir DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" ,constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related -to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Melissa Juarez Title: Executive Director (Print Name) �f Signature of Certifying Person. X(/2� Date 3/7/2016 N IDtVML01'MENTSVCSI5HAREDVLAND DEVE-iPN11 MEAPPLICAT1ON FORMSIREZONINGIDISCLOSURE INTERESTS STATE6ENT„5 12 2015.00C Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencion de asistir a esta junta v gue requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando at 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 ingle?s es limitado, favor de Ilamar al i departamento de servicios de desarrollo a! numero (361) 826-3240 al menos 48 horas antes de la iunta para solicit un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-03 Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. The property to be rezoned is described as: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. The Planning Commission may recommend to City Council approval or denial, approval of an intermediate zoning classification, and/or modification of Special Permit conditions. 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 nek.A) F.. N.00,re Address: G 30 MC Cal S incik IN FAVOR ( ) IN OPPOSITION REASON: CC go /leap 0iO4e."- ot Asp gt4y 2 lfa /lam ctivr-YD s,/ /le atA SEE MAP ON REVERSE SIDE Property Owner ID: 7 HTE# 16-10000025 City/State: r o e {k)s Ch t �-� { X ?�ttac I i Phone: 3(o 1-- 35-6 - l3 2J-.1 01444 dote 4,e on441 • a to //Awe f- -fA t M 4roige (,,525' �d Jc'Y i4il p Si • nature Case No 0716-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta junta v 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 diriairse a la commission durante la junta v su irides es limitado, favor de hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser Dresente durante la junta. J CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-03 Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. The property to be rezoned is described as: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. The Planning Commission may recommend to City Council approval or denial, approval of an intermediate zoning classification, and/or modification of Special Permit conditions. 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 ane of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: .J y ' t Ib1D0 TZ -- Address: ( t1•1 S©0 City/State: e .0 • TY,- 7 'k ( ) IN FAVOR I(OPPOSITION Phone: 441-0g, Lick_ REASON: {11S � -�• N mi-Doulus OP ow r\urb E, ick r C"-1/4 FL )43 SEE MAP ON REVERSE SIDE Property Owner ID; 12 HTE# 16-10000025 Signature Case No. 0716-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades aue tienen la intention de asistir a esta junta v aue requieren servicios esoeciales. 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 diriairse a la commission durante la iunta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al nCimero (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. 0716-03 (LCv o� --7) lte Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. The property to be rezoned is described as: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. The Planning Commission may recommend to City Council approval or denial, approval of an intermediate zoning classification, and/or modification of Special Permit conditions. 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: f it a_1/ a14 eer Address: to p'Z% t(7a'r 01A4 City/State: Cr- ?X 761/6 { ) IN FAVOR IN OPPOSITION Phone: (0O t55t REASON: SEE MAP ON REVERSE SIDE Property Owner ID. 18 HTE# 16-10000025 Signature %Iativ qe1 Case No. 0716-03 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 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 658 Robinson Street CAPTION: Case No. 0716-04 Corpus Christi Hope House, Inc.: A change of zoning from the "RM - 1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. PURPOSE: The purpose of this item is to rezone the property to continue operation of Hope House and the Gabriel Project, which are social service uses for homeless women and their dependent children RECOMMENDATION: Planning Commission and Staff Recommendation (July 27, 2016): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following six conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant requests the change in zoning to bring the existing facility into compliance. Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The two-story apartment building currently accommodates up to five women and their dependent children. One of the units in the apartment building serves as the office and reception area. The accessory structure referred to as the "Resource Center" building has a large meeting/classroom with computers for a "Life Skills Training Program", an office, a food bank and, a main laundry room. On site operations include management and oversight of a second facility located at 630 Robinson Street, which is the subject of a separate zoning change application (Case 0716-03). The applicant intends to remodel the existing office to expand the size of the office, however, no additional structures are planned for this site. The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. The applicant is in agreement the Planning Commission and Staff recommendation. ALTERNATIVES: 1. Deny the request. 2. Approve the "RM-1/SP" District as recommended 3. Approve the "CG-1/SP" District (requires 3/4 vote) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z 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-RM-1/SP Ordinance-CG-1/SP Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to six conditions, and on Tuesday, August 23, 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 Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive ("Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; (Zoning Map No. 045040), as shown in Exhibit "A" and Exhibit "B." Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in its entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required Yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired 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_ RM -1 -SP 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_ RM -1 -SP Page 3 of 3 SUBJECT PROPERTY 0 400 800eet Date Created: 6/28Y,201lI{ Prepared/By: tvetteM Department of Development Se7s� CASE: 0716-04 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY City of Corpus Christi EXHIBIT A I is CFL41'1 '1K'4.lX 4MCacREa„ 2 3 4 r•--rr. •ru-er�x�x� rnrrrmwv rrrrrnr/If 1p8, Ana U'St COG IGeKc $ 19-r ri*s, t2 11101), Oki 441111, 1ST NIS' MEW t11111 IIIIIlINlfllilllflll ,xq..eecs Joe urp $61`-13'{ @SITE PLAN AT 658 ROBINSON 1 Saha I/p".r 13 Parking Spaces 4-37141 (OS TE PLAN AT suat -a- y +. 1,4 ........s at.m+uc+.stte- €4 4L4a va.n .aa eea+ twtca+r, at te4yt*. g • oai i �s !—iii r SECT10N AT DRIVEWAY {t Stxe EXHIBIT B �i-6i��s =1. CE]Li1 r co-P+c+to we 4 CO.1.4.73131 VAT.. Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to six conditions, and on Tuesday, August 23, 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 Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. (the "Property") from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use; (Zoning Map No. 045040), as shown in Exhibit "A" and Exhibit "B." Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in its entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired 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 City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land 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. Ordinance_ CG -1 -SP 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_ CG -1 -SP Page 3 of 3 SUBJECT PROPERTY 0 400 800eet Date Created: 6/28Y,201lI{ Prepared/By: tvetteM Department of Development Se7s� CASE: 0716-04 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY City of Corpus Christi EXHIBIT A I is CFL41'1 '1K'4.lX 4MCacREa„ 2 3 4 r•--rr. •ru-er�x�x� rnrrrmwv rrrrrnr/If 1p8, Ana U'St COG IGeKc $ 19-r ri*s, t2 11101), Oki 441111, 1ST NIS' MEW t11111 IIIIIlINlfllilllflll ,xq..eecs Joe urp $61`-13'{ @SITE PLAN AT 658 ROBINSON 1 Saha I/p".r 13 Parking Spaces 4-37141 (OS TE PLAN AT suat -a- y +. 1,4 ........s at.m+uc+.stte- €4 4L4a va.n .aa eea+ twtca+r, at te4yt*. g • oai i �s !—iii r SECT10N AT DRIVEWAY {t Stxe EXHIBIT B �i-6i��s =1. CE]Li1 r co-P+c+to we 4 CO.1.4.73131 VAT.. Aerial Overview I N Aerial Site Plan 111 5 .t• 1' NOD ffloVt. 13 Parking Spaces e=1) Accessory Building FOLDING PARTITION V,C,R3 row MEETING ROM 235 SO. FT. MEETING ROOM BLDG Staff Recommendation Denial of the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit subject to the following conditions: Special Permit Conditions 1. Use: • "RM -1" District Uses • Transitional Housing Facility and an accessory community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. • No soup kitchen or public feeding shall be allowed. • Definition of Transitional Housing Facility: a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. • Limited to five residents and their dependent children. Special Permit Conditions 2. Security: The transitional housing facility shall be monitored by staff 24 hours a day. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: Transitional Living: 1 per employee and 1 space per 250 sq. ft. of office area. Community Outreach: 1 per 300 square feet Special Permit Conditions 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 0716-04 HTE No. 16-10000026 Planning Commission Hearing Date: July 27, 2016 (Tabled from July 13, 2016) Applicant & Legal Description Applicant/Owner: Corpus Christi Hope House, Inc. Legal Description/Location: Being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "CG-1/SP" General Commercial District with a Special Permit Area: 0.22 acres Purpose of Request: To continue operation of an existing transitional housing facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Public/Semi-Public Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential East "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential West "RS -6" Single -Family 6 Ray High School Public/Semi-Public ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density residential. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map or the Southeast Area Development Plan. Map No.: 045040 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 75 feet of street frontage along Robinson Drive, which is a local residential street, and approximately 115' feet of frontage along Swantner Drive, which is also a local residential street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Robinson Drive Local Residential 50' ROW 28' paved 50' ROW 27' paved N/A Swantner Drive Local Residential 50' ROW 28' paved 60' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit to allow a Social Service Use to continue operating. Specifically, the proposed Social Service Use is a transitional housing facility that provides residences for women and their dependent children. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and could be considered either a Social Service Use or Group Living Use. A later UDC text amendment will be needed to better define the transitional housing use and the zoning district where it is allowed. A Group Living Use is characterized as "Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training." Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Until the UDC is amended through a public hearing process to determine the best category and zoning district for transitional housing facilities, Staff has conservatively determined that the use is best categorized as a Social Service Use. Development Plan: Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The applicant requests the change in zoning to bring the existing facility into compliance. The premises currently has three structures on site; a large two-story apartment building, an accessory structure and a storage shed. The two-story apartment building currently accommodates up to five women and their dependent children. One of the units in the apartment building serves as the office and reception area. The accessory structure referred to as the "Resource Center" building has a large meeting/classroom with computers for a "Life Skills Training Program", an office, a food bank and, a main laundry room. Additional storage needs are also accommodated within the structure to store food, clothing, furniture, diapers and necessities that are distributed to needy mothers of our community through a program identified as the "Gabriel Project Planning Commission Final Report Page 3 Community Outreach Program". On site operations include management and oversight of a second facility located at 630 Robinson Street, which is the subject of a separate zoning change application (Case 0716-03). The applicant intends to remodel the existing office to expand the size of the office, however, no additional structures are planned for this site. Existing Land Uses & Zoning: The subject property is zoned "RM -1" Multifamily 1 and is occupied by a public/semi-public use (Hope House). North of the subject property is zoned "RS -6" Single -Family and consists of low density residential uses. South and east of the subject property is zoned "RM -1" Multifamily 1 and consists of medium density residential. West of the subject property is zoned "RS -6" Single -Family 6 and consists of public/semi-public uses (Ray High School athletic track). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property consists of one platted lot and a portion of an adjacent platted lot. A replat is not needed since no construction across lot lines is proposed. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. Additionally, the following are Comprehensive Plan Policy Statements that warrant consideration: • Comprehensive Plan Policy Statements on Social Services (pg. 52): A. Social service facilities should be provided in a systematic manner that ensures services are provided where they are most needed. In order to systematically provide these services, standards should be developed which are based on population size and the socio-economic characteristics of the population. B. Some social service facilities should meet the needs of specific populations. The quality and physical setting of all social services should be periodically reviewed, and improved if necessary, to meet the needs of the elderly, disabled, and other special population groups. • 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. Planning Commission Final Report Page 4 Department Comments: • The applicant intends to remodel the existing office to expand the size of the office, however, no additional structures are planned for this site. • The proposed rezoning with the "CG -1" General Commercial is not consistent with the Comprehensive Plan Future Land Use Map or the policies of the Comprehensive Plan or Southeast Area Development Plan. However, maintaining the subject property's base zoning district of "RM -1" Multifamily 1 District and additionally granting a Special Permit for the transitional housing facility is consistent with City plans/policies. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. • As stated by the applicant, the close proximity of this location to transit service, grocery stores, restaurants, employment centers and community services are ideal for the residents of Hope House. • Nearly all of Robinson Street is developed with similar multifamily structures including another type of social service use ("Recovery Contacts" at 626 Robinson Street). • Residents do not own vehicles, so the proposed use is not expected to generate any significant increase in vehicular traffic or parking demand in the neighborhood. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following six conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking Planning Commission Final Report Page 5 requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 21 within 200 -foot notification area 6 outside notification area As of August 2, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 4.25% 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 (first and second floors of the residential structure & Gabriel Project building) 4. Application 5. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-04 Hope House (658 Robinson)\Council Documents\Report for CC_0716-04 Hope House (658 Robinson).docx N � 1017* 41**** cg C 0 SUBJECT PROPERTY 400 800 Feet Ci' Date -Create : X28//22016\ /reparet By:IvetteM Department of D oprrient ei ices'\ CASE: 0716-04 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 FR H BP 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 RV RecreationalSpecialPermit Vehicle Park RMH Manufactured Home nSubject Property with 200' buffer 4 Owners within 200' listed on Owners in favor Owners attached ownership table in opposition AGNES 6 et MORGAN SUBJECT PROPERTY LOCATION MAP City of Corpus I\ Christi 1 I is CFL41'1 '1K'4.lX 4MCacREa„ 2 3 4 r•--rr. •ru-er�x�x� rnrrrmwv rrrrrnr/If 1p8, Ana U'St COG IGeKc $ 19-r ri*s, t2 11101), Oki 441111, 1ST NIS' MEW t11111 IIIIIlINlfllilllflll ,xq..eecs Joe urp $61`-13'{ @SITE PLAN AT 658 ROBINSON 1 Saha I/p".r 13 Parking Spaces 4-37141 (OS TE PLAN AT suat -a- y +. 1,4 ........s at.m+uc+.stte- €4 4L4a va.n .aa eea+ twtca+r, at te4yt*. g • oai i �s !—iii r SECT10N AT DRIVEWAY {t Stxe EXHIBIT B �i-6i��s =1. CE]Li1 r co-P+c+to we 4 CO.1.4.73131 VAT.. 06/26/2006 10:16 IAl 361 5S4 Qs Dykema Architects 1Z100- Corpus Z100- Corpus Christi Hope House, Inc. - Hope House Renovations and Improvements pl\us/\\— $ 1 | 2 \ 1El |SITE, FLOOR PIAN, & INTERIOR ELEVATIONS � \IMPROVEMENTS TO CORPUS S E /OUSE 630 ROBINSON PVF mR_mr_,� _ age ,§ ,41 i D ��� ARCHITECTS. n 08'25/2001 10: -FAI1 841$558 irkema iirchi tects 00; Corpus hristi Hope House, Inc. - Hope House Renovations and Improvements -FOLDING PARTITION w 2 0 J Lf) e 41._____\7.0 LJ_ CO MEETING ROOM BLDG 235 SQ. FT. 1 liS-,C .. c Development Services Dept P.O Box 9277 Corpus Christi Texas 78469-9277 (361) 826-3248 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0716-04 Map No.: 045040 PC Hearing Date' July 13, 2016 Proj.Mgr: Hearing Location City Hall. Council Chambers, 1201 Leopard Street Hearing Time 5:30 P.m. PER HEARING. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address' 658 Robinson street City: Corpus Christi State TX ZIP: 78909 Phone: ( 361 )852-2273 E-mail: hopehousecc@mygrande.net / bakermelinda@hotmail.com Cell:( 361 )510-5045 2. Property Owner(s) Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address 658 Robinson Street City: Corpus Christi State` TX ZIP 78404 Phone: ( 361 ) 852-2273 E-mail. hopehousecc@mygrande.net / bakermelinda@hotmail.Com Ce1;( 361 ) 510-5045 659 Rahinaon Street, Co ua Christi, TX 70404 3. Subject Property Address°Area of Request (SF/acres). approximately .5 scree PM -1 Multifamily 1 District/Used as a hornet'', Current Zoning & Use. shelter since 1996 Proposed 0 Zoning & Use: social serice Diva 15.1.].1}/seme1ea• Shelter 12 -Digit Nueces County Tax ID: 9 4 7 5_ 0 0 3 8 _0 1 9 Subdivision Name: Lindale Park Unit 4 W20' Lt14 Buck. 38 Lot(s) all of Lot 15 Legal Description if not platted: Lindale Park Unit 4 W20' Lt 14 all of Lot 15 Block 38 4. Submittal Requirements: ❑ Early Assistance Meeting: in Land Use Statement IF APPLICABLE: ❑ Peak Hour Trip Form (if request ❑ Metes & Bounds Description with Date Held ® Disclosure is inconsistent exhibit landowner ; with City Staff Copy of Interest ® with Future Land Use if properly includes un -platted is not signing this form of Warranty Deed Plan) ❑`Site Plan for PUD or Special Permit land (sealed by RPLS) ID Lien Holder Authorization • Appointment of Agent Form if I certify that 1 have provided the City of Corpus Christi with a complete application or on beU of the Property Owner(s); and tthrhe IC 07,.., '-lformation for review; that I am provide authonzed to initiate th s rezoning accurate" Own gr or Agent's Signature A Melissa Juarez pt Melissa can igS nature Juarez Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 3/8/16 Received By: bkp ADP.: SR Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required @ 510/sign Sign Posting Date: Form Renard 5-'212015 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. The purpose of this request is to conform to City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House has operated a homeless shelter at 658 Robinson Street since 1996. The address is currently zoned as RM -1 Multifamily 1 District, our organization is submitting a request for rezoning to be considered for Social Service Uses [5.1.3.11 so that the Homeless Shelter would conform and be in compliance with City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House operates a homeless shelter for women and their dependent children at 658 Robinson in Corpus Christi, Texas and the organization's office and Resource Center is also located there. There are five regular employees on-site at 658 Robinson Street. The site is approximately one half acre. The facilities located at 658 Robinson Street are 4,072 sq. ft. Birth Haven is a large two-story apartment building that accommodates up to five women and their dependent children. Our main office and reception area is located in one of the apartments. One of the apartments and the main office are in full compliance with the American Disabilities Act for residents and clients with physical disabilities. Our Resource Center building, next to Birth Haven, has a large meeting/classroom with computers for our Life Skills Training Program for our residents, office, Food Bank, and a main laundry room. It also has storage rooms for food, clothing, furniture, diapers and necessities to be distributed to the needy mothers of our community through our Gabriel Project Community Outreach Program. There is easy access to transportation, since city bus service is within two blocks of the location. Hope House provides free bus tokens and bus passes to our residents. HEB, restaurants and shopping centers are also located within two blocks of the shelters. Employment centers and community services are within a few miles of the shelters. Hope House is in Lindale Park Unit 4 W20' Lt 14 all of Lot 15 Block 38. There are no demolition plans and the address adheres to coded setback area. No signage exists, except for notices on office door about hours of operation. Hours of operation for the office are Monday - Friday, 8 am - 5 pm, although residents are on-site 24 hours a day. We typically house one family per apartment. Handicap Parking is accessible from our driveway. Adequate parking exists, no plans for modifications or increased parking. 2. Identify the existing land uses adjoining the area of request: North - Residential Quadplex Apartments South- Ray High School Track East - Residential Home West - Residential Quadplex Apartments C USERS\TANYAR.0001DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMEN I 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: Corpus Christi Hope House, Inc. STREET: 658 Robinson Street CITY: Corpus Christi ZIP: 78404 FIRM is: Corporation °Partnership °Sole Owner °Association °Other Non-profit DISCLOSURE QUESTIONS 1f additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board. Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be prompt), submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person Melissa Juarez Title Executive Director (Print Name) Signature of -Certifying Person Date 3/7/2016 K YJEVhLOPMENTSVCSLSNARE01LAND DEVE. ¢MEN1W'PL,ICATION FORMSIREZONING16ISCLOSURE 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 incaaacidades, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiales. se les suolica aue den aviso 48 horas antes de la junta ilamando al departamento de servicios de desarrollo, al nOrnero (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 v su inales es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al nCamero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interorete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-04 P civ 6i 'I)1311(e Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG -1 /SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue the operation of an existing transitional living facility. The property to be rezoned is described as: Being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or modifications to Special Permit conditions. 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 mBE 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: Address: /oS 7-- 6{444.04 City/State: C 7.--A 7 ( ) IN FAVOR REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 5 HTE# 16-10000026 IN OPPOSITION Phone: /4 `• 6 agzo --7/i3); Case No. 0716-04 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que recuieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al nimero (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 inules es limitado. favor de Ilamar al departamento de servicios de. desarrollo al nirmero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSIONU PUBLIC HEARING NOTICE \ d i ItqlCe Rezoning Case No. 0716-04 Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue the operation of an existing transitional living facility. The property to be rezoned is described as: Being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or modifications to Special Permit conditions. 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: 4t.ze 1 Address: LP 41 7� %� cr-61-4 City/State: CC ( ) IN FAV R REASON: IN OPPOSITION Phone: .- 5-90 SEE MAP ON REVEPSE SIDE Property Owner ID: 10 HTE# 16-10000026 Signature '[-/7)1vA -7/1/3Iii Case No. 0716-04 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing for the City Council Meeting of August 16, 2016 Resolution for the City Council Meeting of August 23, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 Public Hearing and Resolution approving the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Public Hearing and resolution approving the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District. PURPOSE: Hold a public hearing and approve the Crime Control and Prevention District FY2016/2017 budget BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1/8th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The next vote for a ten year period is November 8, 2016. The Crime Control and Prevention District held a public hearing on June 15, 2016 and the Board adopted the budget on the same day and amended on August 4, 2016 due to the increased cost of retirement and insurance, figures that were not available in June. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,678,629 $7,678,629 BALANCE $7,678,629 $7,678,629 Fund(s): 9010 — Crime Control and Prevention District fund Comments: Revenues of $6,916,701 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution Approving the Crime Control and Prevention District Budget Presentation CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2016-2017 Adopted Budget ,,,„..i. 4 pd t d'AIVYt. ()) DISTRICT Adopted: August 4, 2016 Crime Control & Prevention District FY 2014/2015 Actual Revenues & Expenditures FY 2015/2016 Year End Revenue & Expenditure Estimates FY 2016/2017 Adopted Budget Actuals Amended Estimated Proposed 2014/2015 2015/2016 2015/2016 2016/2017 Sales Tax Beginning Balance 4,909,229 Revenues 7,168,860 7,500,000 6,900,000 6,900,000 5,441,581 3,930,709 Interest on Investments 12,809 3,000 Net Inc./Dec. in FV of Investm 1,334 (1,334) Sale of Scrap/City Property 18,524 - Transfer From Other Funds - 4,587 4,587 Juvenile Drug Testing 6,313 10,000 10,000 8,000 Total Current Revenues 7,207,840 7,517,587 6,929,084 6,916,701 Total Funds Available 12,117,069 7,517,587 12,370,665 10,847,410 15,831 8,700 Expenditures Police Officer Costs 4,951,717 5,864,518 5,758,253 6,277,981 Police Officer Trainee Intern 234,446 127,123 74,968 0 Pawn Shop Detail 165,851 168,469 160,352 206,500 Public Safety Veh. & Equip. 507,584 1,098,314 1,586,632 156,000 Police Academy Costs 198,280 169,703 107,310 0 Election Costs - - 0 120,000 Juvenile Assessment Center 425,432 506,177 506,170 489,961 Crime Prevention 128,160 193,356 167,631 199,849 Juvenile City Marshals 64,018 140,195 78,640 78,338 Reserve Appropriation - 122,723 0 150,000 Total Expenditures 6,675,488 8,390,579 8,439,956 7,678,629 8/4/2016 Ending Balance 5,441,581 (872,992) 3,930,709 3,168,781 Surplus/(Deficit) 532,352 (872,992) (1,510,872) (761,928) Page 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS - 11711 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages 2,861,191 3,322,288 3,326,273 3,423,850 Overtime 292,180 332,229 372,454 332,229 Other Pay 135,991 225,000 274,063 225,000 Retirement 776,258 982,602 1,018,507 1,099,176 Group Insurance Benefits 456,718 377,856 377,856 538,091 Other Employee Benefits 9,970 33,192 33,192 32,746 Clinical Supplies - - - - Chemical/Household Supplies - 300 300 Clothing 54,427 122,973 65,531 100,000 Fuel & Lubricants 66,622 175,000 43,176 175,000 Food and Food Supplies 1,623 1,000 1,792 1,000 Minor Tools & Equipment 126,890 75,826 35,500 75,000 Computer equipment and Software 370 - - - Office Supplies 55 1,200 1,200 1,200 Maintenance & Repairs - 300 270 300 Professional Services 21,450 2,500 8,624 2,500 Vehicle Repairs 248 300 300 300 Rentals 92 - - Postage & Express Charges 96 - Telephone/Telegraph Service 11,770 17,200 17,059 17,200 Equipment Maintenance - 1,000 1,000 1,000 Police Supplemental Insurance 6,000 6,000 7,500 6,000 Police Vision Insurance 4,186 5,292 4,382 5,292 Sworn Employee - Dental 20,460 34,020 21,135 34,020 Self Insurance Allocation 105,120 148,440 148,440 207,777 Totals 4,951,717 5,864,518 5,758,253 6,277,981 FTES: FY 2011/2012 - 50 Police Officers FY 2012/2013 - 50 Police Officers FY 2013/2014 - 50 Police Officers FY 2014/2015 - 63 Police Officers FY 2015/2016 - 63 Police Officers FY 2016/2017 - 63 Police Officers 8/4/2016 Page 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER TRAINEE INTERN -11712 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries & Wages Overtime Retirement FY 2013/2014 - FY 2014/2015 - FY 2015/2016 - FY 2016/2017 - 8/4/2016 184,331 50,115 100,109 60,472 1,500 - 25,514 14,496 Totals 234,446 127,123 74,968 5 Police Officer Trainee Interns 5 Police Officer Trainee Interns 5 Police Officer Trainee Interns 0 Police Officer Trainee Interns Page 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages 107,518 107,293 103,303 112,164 Overtime 1,996 3,000 1,544 3,000 Other Pay 43 1,000 1,711 1,000 Retirement 25,670 27,946 27,134 Group Insurance Benefits 17,238 13,344 13,344 Other Employee Benefits 803 2,100 2,100 Minor Tools & Equipment - 100 - 100 Minor Office Equipment 33 500 308 500 Office Supplies 2,873 2,500 222 2,500 Professional services - - 21,758 Non -Capital Lease Payments 1,278 1,278 1,278 1,278 Self Insurance Allocation 8,400 9,408 9,408 9,038 32,073 21,010 2,079 FTES: FY 2011/2012 - 4ftes FY 2012/2013 - 4 ftes FY 2013/2014 - 4 ftes FY 2014/2015 - 4ftes FY 2015/2016 - 4 ftes FY 2016/2017 - 4 ftes 8/4/2016 Totals 165,851 168,469 160,352 206,500 Page 4 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES& EQUIPMENT -11717 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Minor Tools & Equipment 324,927 163,026 651,344 Computer Equipment and software 55,933 - - Professional Services - - Maintenance and Repairs 8 - - - Pipe, fittings, drng 183 - Postage & Express Charges 60 - Vehicles & Machinery 49,998 229,998 229,998 120,000 Improvements Other than Building - 519,001 519,001 - Other Equipment 76,475 186,289 186,289 36,000 Totals 507,584 1,098,314 1,586,632 156,000 FY 2014/2015 - 5 replacement vehicles FY 2014/2015 - 4 additional vehicles FY 2015/2016 - 6 replacement vehicles FY 2016/2017 - 4 replacement vehicles * One-time expenditures Approved by City Council on April 12, 2016 ** Includes change -over costs 8/4/2016 Page 5 Account Description CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE ACADEMY COSTS -11718 EXPENDITURE BUDGET Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries & Wages 160,174 135,643 85,093 Retirement 38,105 34,060 22,218 Totals 198,280 169,703 107,310 Police Officer Trainees FY 2013/2014 - 5 Police Officer Trainees FY 2014/2015 - 5 Police Officer Trainees FY 2015/2016 - 5 Police Officer Trainees FY 2016/2017 - 0 Police Officer Trainees 8/4/2016 Page 6 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT ELECTION COSTS -49001 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Professional Services - - - 120,000 8/4/2016 Totals - - 120,000 Page 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages 229,694 246,577 246,577 255,499 Overtime 515 500 500 500 Other Pay 1,236 3,500 3,500 3,500 Retirement 52,403 57,908 57,908 Group Insurance Benefits 31,704 22,248 22,248 Other Employee Benefits 1,335 3,480 3,480 Books & Periodicals 3,772 45,175 45,175 7,200 Food & Food Supplies 40 500 500 - Minor Tools & Equipment 100 100 100 Minor Office Equipment 509 509 100 Office Supplies 1,659 4,962 4,962 3,000 Maintenance & Repairs - 100 100 100 Maintenance Supplies 15,632 - - Professional Services - 10,915 10,909 10,000 Postage & Express Charges 14 235 235 235 Rentals 56,559 69,969 69,969 69,969 Mileage Reimbursement 3,199 4,000 4,000 4,000 Non -Capital Lease Payments 1,043 4,900 4,900 4,900 Telephone/Telegraph Service 7,737 7,035 7,035 7,035 Building Maintenance & Service 522 100 100 100 Memberships, Licenses & Dues - 550 550 550 Training - Supervisory - - - Training - General 520 1,950 1,950 1,950 Printing Advertising & PR - 300 300 300 Printing Outside Print Shops 863 2,635 2,635 800 Travel 3,701 2,500 2,500 2,500 Self Insurance Allocation 13,284 15,528 15,528 14,913 71,648 27,631 3,431 FTES: FY 2011/2012 - 6.6 ftes FY 2012/2013 - 6.6 ftes FY 2013/2014 - 6.6 ftes FY 2014/2015 - 6.6 ftes FY 2015/2016 - 6.6 ftes FY 2016/2017 - 6.6 ftes 8/412016 Totals 425,432 506,177 506,170 489,961 Page 8 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CRIME PREVENTION - 49008 EXPENDITURE BUDGET Account Description Actuals 2014. Amended Estimated Proposed 2015 2015/2016 2015/2016 2016-2017 Salaries & Wages 70,601 107,589 96,432 110,591 Overtime - 2,000 - 2,000 Retirement 16,680 27,518 25,178 Group Insurance Benefits 8,619 8,904 8,904 Other Employee Benefits 803 1,584 1,584 Food and Food Supplies 269 - 54 Minor tools & Equipment 530 - - Minor Office Equipment 1,129 2,000 1,000 2,000 Office Supplies 2,038 2,000 1,480 2,000 Maintenance & Repairs 990 3,500 1,054 3,500 Professional services 576 - - - Postage & Express Charges - 300 100 300 Non -Capital Lease Payments 786 2,000 598 2,000 Membership, Licenses, & Dues 60 - - Training - General 95 2,500 1,000 2,500 Printing Advertising & PR 13,859 18,105 15,976 16,000 Printing Outside Print Shops 999 5,000 4,049 5,000 Travel 3,828 3,300 3,165 3,300 Self Insurance Allocation 6,300 7,056 7,056 6,779 31,086 11,234 1,559 FTES: FY 2013/2014 - 3 ftes FY 2014/2015 - 3 ftes FY 2015/2016 - 3 ftes FY 2016/2017 -3ftes 8/4/2016 Totals 128,160 193,356 167,631 199,849 Page 9 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Salaries and Wages - 46,000 - - Overtime 2,500 - - Other Pay - 1,500 - Retirement - 11,555 - - Group Insurance Benefits 6,000 - - Other Employee Benefits 588 1,584 1,584 1,559 Professional Services 55,330 70,000 - 70,000 Self Insurance Allocation 2,100 7,056 7,056 Totals 64,018 140,195 8,640 78,338 FTES: FY 2011/2012 - 3 ftes FY 2012/2013 - 3 ftes FY 2013/2014 - 3 ftes FY 2014/2015 - 1 fte FY 2015/2016 - 1 fte FY 2016/2017 - 0 ftes 8/4/2016 6,779 Page 10 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION -80000 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2014-2015 2015/2016 2015/2016 2016-2017 Reserve Appropriation - 122,723 - 150,000 Totals 122,723 - 150,000 8/4/2016 Page 11 Resolution Approving the FY 2016-2017 budget for the Corpus Christi Crime Control and Prevention District Whereas, the Crime Control and Prevention District Board held a public hearing on June 15, 2016 and the Board adopted FY 2016-2017 budget on the same day; and Whereas, the Crime Control and Prevention District Board amended the adopted FY 2016-2017 budget on August 4, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. The fiscal year 2016-2017 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 1 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 2 Corpus Christi Crime Control and Prevention District FY2017 Proposed Budget co : psn':`. `at ,4fs l 1 0 2 DISTRICT Council Presentation 08.16.2016 Crime Control & Prevention District FY 2017 Proposed Budget • Continued focus on Core Programs — 63 Police Officers — Juvenile Assessment Center — Pawn Shop Detail — Purchase of four replacement police vehicles — Purchase of support equipment • Election costs = $120,000 Crime Control & Prevention District FY 2017 Proposed Budget • Assignment of 63 Police Officers — 8 Directed Patrol Officers — 10 Gang Unit (JET) Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Crime Stoppers Officer — 36 Patrol Officers (enhance patrol response) — 2 Patrol Lieutenants Crime Control & Prevention District FY 2017 Proposed Budget • Total Expenditures $7,678,629 • Total Revenues $6,916,701 • Ending fund balance $3,168,781 • Budget reductions of $321,915 to bring expenditures more in line with revenue: — Police Cadet Trainees (5) — Police Academy Cadets (5) — Reduced replacement vehicles by 2 (total purchase of 4) — Reduced Juvenile Assessment Center supplies — Reduced one Juvenile City Marshall Crime Control & Prevention District FY 2017 Proposed Budget June 17 — CCCCPD public hearing & budget adoption August 4 — CCCCPD adoption of modified budget August 16 - City Council Public Hearing and Future reading August 23 — City Council approves or rejects Resolution for CCCCPD Budget Crime Control & Prevention District FY 2017 Proposed Budget QUESTIONS AGENDA MEMORANDUM Public Hearing and First Reading item for the City Council Meeting of August 16, 2016 Second Reading item for the City Council Meeting of August 23, 2016 DATE: August 3, 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 Public Hearing and Approval of Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide CAPTION: Ordinance approving the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide in the amount of $214,979,600. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide. BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing was held before the Planning Commission on Wednesday, June 29, 2016 and at that meeting the Planning Commission recommended approval of the 2016 — 2017 Capital Budget and Capital Improvement Planning Guide based on changes as discussed that evening. (Attached) On August 3, 2016, the revised and detailed FY 2016 — 2017 Capital Budget and Capital Improvement Planning Guide was presented to the Planning Commission as an informational presentation and no additional changes were recommended. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: The Public Hearing and first reading for this item is on August 16, 2016 and the second reading will be the following week on August 23, 2016. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding approval of the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget 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 Encumbered / Expended Amount This item $214,979,600 $214,979,600 BALANCE $214,979,600 $214,979,600 Fund(s): COMMENTS: Approval of Ordinance will appropriate the funds required to proceed with the Fiscal Year 2016 — 2017 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Changes in CIP Presentation FY 2017 Capital Budget and Capital Improvement Planning Guide Page 1 of 2 ORDINANCE APPROVING THE FISCAL YEAR 2016 — 2017 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $214,979,600. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide in the amount of $214,979,600 is hereby approved. A copy of the Fiscal Year 2016 — 2017 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor FY 16 - 17 CIP Planning Commission Presentation 6-29-16 Yr 1 Yr 2 Yr 3 Airport 16,565.5 11,969.6 9,194.6 Parks 894.5 510.0 510.0 P Fac 2,000.0 2,000.0 2,000.0 P H&S 14,260.3 13,750.0 10,250.0 Streets 27,894.7 6,383.0 - Gas 4,079.8 3,915.5 3,845.5 SW 33,524.6 19,897.9 17,300.0 WW 55,267.5 55,013.0 37,013.0 Water 51,252.7 72,150.0 53,650.0 WS 6,811.7 7,800.0 17,500.0 WS (2,511.7) (1,600.0) (7,000.0) 212,551.3 193,389.0 151,263.1 FY 16 - 17 CIP REVISED 32,330.4 Yr 1 Yr 2 Yr 3 Airport 23,989.6 11,969.6 3,639.0 Parks 894.5 7,860.0 17,660.0 P Fac 1,760.0 2,528.0 2,681.0 P H&S 14,260.3 26,345.0 37,305.0 Streets 27,894.7 6,383.0 - Gas 4,079.8 3,915.5 3,845.5 SW 31,213.4 19,897.9 17,300.0 WW 54,961.6 55,013.0 37,013.0 Water 48,225.7 72,150.0 53,650.0 WS 4,300.0 6,200.0 10,500.0 211,579.6 212,262.0 183,593.5 FY 16 - 17 CIP DIFFERENCES Yr 1 Yr 2 Yr 3 Airport 7,424.1 - (5,555.6) Parks - 7,350.0 17,150.0 P Fac (240.0) 528.0 681.0 P H&S - 12,595.0 27,055.0 Streets - - - Gas - - - SW (2,311.2) - - WW (305.9) - - Water (3,027.0) - - WS (2,511.7) (1,600.0) (7,000.0) (971.7) 18,873.0 32,330.4 Changes to Year 1 CIP: 1. P Facilities: ($240.0) $2M in CO's was changed from lump sum in one line item and itemized in several new projects totaling $1,760.0. 2. Storm Water: ($2,311.2) ($2,311.2) was removed from Staples Street (Morgan - IH 37) 3. Wastewater: ($305.9) Forcemain Condition Assessment was added to Wastewater in the amount of $520.0. ($825.9) was removed from Staples Street (Morgan - IH 37) 4. Water: ($3,027.0) Forcemain Condition Assessment was removed from Water in the amount of ($520.0) ($2,099.0) was removed from Staples Street (Morgan - IH 37) ($408.0) was removed from McArdle Road (Whitaker to Nile). 5. Water Supply: ($2,511.7) Greenwood Effluent Line was removed from Year 1 ($1,500.0) Funding for Aquifer Storage and Recovery (ASR) was removed ($1,011.7) Currently in FY 15 - 16. 6. Airport: $7,424.1 North GA Apron extension increased $190.0 Runway 17-35 Mitigation increased $1,695.9 Taxiway Reconfiguration decreased ($2,338.8) Runway 13-31 Mitigation increased $2,371.4 Reconstruct Air Carrier Ramp moved from Year 2 to Year 1 $5,555.6 Added North GA Apron Rehabilitation $175.0 Removed Terminal Bldg Assessment ($225.0) Fiscal Year 2016 - 2017 Proposed Capital Improvement Program (CIP) Budget and Planning Guide City Council Presentation August 16, 2016 Proposed Capital Improvement Budget and Planning Guide • Purpose: To identify, prioritize, fund and construct capital projects. • Provides: Project scopes, cost and schedules for planned and anticipated projects over the next ten years. • Includes: Details specific information on projects programmed within the next three years. Proposed Capital Improvement Budget and Planning Guide Sections of the document: • Year One (Fiscal Year 2017) : A fully -funded work plan based on available financial capacity and greatest prioritized needs. • Short -Range Program: Facilitates fiscal and needs - based planning for Years 2 and 3. • Long -Range Forecast: Located at the back of each section and consists of items considered important, but not funded. FY '17 Proposed CIP Year One: • $214,979,600 • 168 Active projects Water, $51,625.7 , 24% Streets, $27,894.7 , 13% Storm Water, $31,213.4, 14% 0% Airport, $23,989.6 , 11% Water Supply, $4,300.0 , 2% Wastewater, $54,961.6 , 26% , 0% 0, 0% Public H & S, $14,260.3, 7% Gas, $4,079.8 , 2% Parks, $894.5 , 0% Public Facilities, $1,760.0, 1% Backlog & FY '17 Proposed CIP Health & Safety Facilities Capital Improvments Program - Unspent ($269.4 Million) FY17 -Capital Improvementsprogram 15215.0 Million) 5 Airport • Year One: $23,989,600 • Program Highlights: — Reconstruct Air Carrier Ramp — Air Operations Area — Runway 13-31 Extension Safety Mitigation • Funding Sources: — Federal Aviation Administration Grants — Certificates of Obligation — Airport CIP Reserves Parks & Recreation • Year One: $894,500 • Program Highlights: — Packery Channel Miscellaneous Improvements — Ben Garza Park Improvements — Sacky Park Improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Community Development Block Grant — Tax Increment Financing District Public Facilities • Year One: $1,760,000 • Program Highlights: — Central Library Roof Replacement — New Roof at City Service Center Warehouse — Repairs to Recreation Centers - Citywide • Funding Sources: — Certificates of Obligation Public Health/ Safety • Year One: $14,260,300 • Program Highlights: — Completion of previously funded projects in the areas • Bond 2012 • J.C. Elliott and Cefe' Valenzuela Landfills • Seawall Improvement Projects Funding Sources: — Bond 2012 General Obligation Bonds — Certificates of Obligation — Sales Tax Proceeds (Type A Board Funding) Streets • Year One: $27,894,700 • (Utility Support: $41,781,300) • Program Highlights: — Yorktown Boulevard - Everhart Road to South Staples — Rodd Field Road Expansion — Gollihar Road - South Staples to Kostoryz (3 Phases) • Funding Sources: — General Obligation Bonds (2012) — Texas Department of Transportation Funding — Utility Revenue Bonds Storm Water Gas: 800,000 WW: 6,578,600 Water: 11,189,300 SW: 23,213,400 $41,781,300 Gas • Year One: $4,079,800 • Program Highlights: — Gas Line Replacement / Extension Program — High Pressure Cathodic Protection Master Plan — West Side Interior Loop • Funding Sources: — Gas Revenue Bonds Storm Water • Year One: $31,213,400 • Program Highlights: — Lifecycle Pipe Rehabilitation and Replacement — Gollihar Outfall Repairs — Storm Water Master Plan • Funding Sources: — Storm Water Revenue Bonds — Storm Water Department Reserves Water Supply • Year One: $4,300,000 • Program Highlights: — City of Corpus Christi Pilot Desalination Program — Wesley Seale Instrumentation Testing and Replacement • Funding Sources: — Raw Water Supply Reserves — Water Revenue Bonds Water • Year One: $51,625,700 • Program Highlights: — Programmed Water Service Life Extension — Elevated Storage Tanks, Phase 2 — Support of Street Bond Projects • Funding Sources: — Water Revenue Bonds — Water Department Reserves Wastewater • Year One: $54,961,600 • Program Highlights: — Whitecap WWTP improvements to Odor Control, Processes, Bulkhead and UV System — City-wide Collection System Assessment and Repair (IDIQ) — Capacity Assessment Improvements — Support of Street Bond Projects Funding Sources: — Wastewater Revenue Bonds — Wastewater Department Reserves FY '17 Proposed CIP QUESTIONS? AGENDA MEMORANDUM Action Item for the City Council Meeting of August 23, 2016 DATE: August 19, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Stacie Talbert-Anaya, Interim Director Parks & Recreation StacieT@cctexas.com (361) 826-3476 Execute Construction Contract Collier Pool Renovations (Bond 2012) Rebid — Part B (Restroom and Office Building) CAPTION: Resolution rescinding the award to Cruz Maintenance & Construction, Inc. (CMCI) in the amount of $598,874.00, authorizing the City Manager, or designee, to execute a construction contract with the second lowest responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, in the amount of $632,673.00 and execute a claim against CMCI's bid bond in the amount of $33,799.00 for the Collier Pool Renovations Rebid — Part B (Restroom and Office Building) project due to failure of CMCI to comply with the terms and conditions of the Bid. (Bond 2012 Proposition 4 — Aquatic Facilities) PURPOSE: The purpose of this Agenda Item is to rescind the award to Cruz Maintenance & Construction, Inc. (CMCI) due to CMCI's inability to secure Performance and Payment Bonds and execute a Construction Contract with the lowest responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, for the Collier Pool Renovations Rebid — Part B (Restroom and Office Building) project. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — Aquatic Facilities for Repairs, Upgrades, and Improvements. The project was awarded to CMCI on June 14, 2016. Contractors are required to submit Bid Bonds with the bids for projects over $50,000. After award, the contractors must then secure Performance and Payment Bonds. Local Government Code requires that the City obtain Bid Bonds, Payment & Performance Bonds. The following is a brief summary for Construction Bonding requirements. • Bid Bonds are specifically required to protect the owner (City). Requesting a bid bond will keep contractors from submitting frivolous bids, because they would be obligated to perform the job, or at least pay the bond premiums. Bond -issuing companies perform comprehensive credit and financial reviews before agreeing to provide bonds for a company. The Bid Bond is issued by the surety that is then responsible to pay the owner the difference between the lowest and next lowest bid if the contractor fails to enter into a contract with the owner for the project. • Performance Bonds are required for projects over $100,000 and is a guarantee to the owner for the satisfactory completion of a project. This is payable only to the owner. • Payment Bonds are required for projects over $50,000. The payment bond forms a three- way contract between the Owner, the contractor and the surety, to make sure that all sub- contractors, laborers, and material suppliers will be paid, leaving the project lien free. The payment bond is payable to sub -contractors, laborers, and material suppliers. With the award of the project to Barcom Construction, Inc., City staff will execute a claim against the Bid Bond for this project in the amount of $33,799, which is the difference of CMCI's bid and the next lowest bid from Barcom Construction, Inc. Bond 2012 Brochure Language: "Collier Pool is one of the most utilized public facilities in the park system. Dedicated lap swimmers, open swim participants, learn to swim participants and neighborhood groups patronize the pool on a regular basis, maximizing the pool's capacity as well as the city resources used to keep it operational on a year-round basis. West Guth is the second most popular park in Corpus Christi. That pool is one of the most popular places for residents in the Northwest to congregate on a hot summer day. Updates to these facilities, and other neighborhood pools, may include construction of splash pads, wading and zero depth entry pools, extension of lap lanes and swimmer amenities." This project is for the award of Part B for the construction of a new masonry building for restrooms, showers, offices and shade. The project also includes an ADA ramp from the existing parking lot to the pool entrance. The original project was developed with two parts bid as a single project as follows: • Part A for the Pool and Pump House • Part B for the outlying buildings including shade structure, restrooms and office facility as well as a new ADA Ramp from the existing parking lot to the pool entrance. The bids for the original project were rejected as the bid prices for the single bid package with both Parts A & B exceeded the available funds. Based on the feedback from the contractors, the package was redeveloped into two separate bid packages. The revised bid packages resulted in a $380,000 cost reduction for the project. Part A for the Pool and Pump House was awarded by City Council on April 12, 2016. On April 6, 2016 the City received proposals from four (4) bidders for the Part B rebid. One bid was deemed non-responsive due to an invalid bid -bond submittal. The three (3) responsive and responsible bids were as follows: Contractor Total Bid, Part B Barcom Construction, Inc. Corpus Christi, Texas $632,673.00 Cruz Maintenance & Construction, Inc. Corpus Christi, Texas $598,874.00 SpawGlass Contractors, Inc. Harlingen, Texas $816,182.00 Cruz Maintenance & Construction, Inc. was the apparent low Bidder and awarded the project. Barcom Construction, Inc. of Corpus Christi, Texas is the next lowest bidder and therefore recommended to receive the award for Part B. ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid, Part B (Restroom and Office Building) with Barcom and rescind the award to CMCI as proposed. (Recommended). 2. Do not rescind the award to CMCI and then execute the Construction Contract for the Base Bid, Part B (Restroom and Office Building) with Barcom as proposed. (Not Recommended). OTHER CONSIDERATIONS: West Guth Pool upgrades are also programmed within the remaining budget and developed as a separate design/bid/build project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2015-2016 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Line Item Budget $377,298 $632,673 $2,543,828 $3,553,799 Encumbered/Expended Amount 377,298 377,298.00 This item 632,673 $632,673.00 Future Anticipated Expenditures This Project 2,151,839 2,151,839 Future Anticipated Revenues BALANCE $0.00 $0.00 $391,989 $391,989 Fund(s): Park CIP Funds Comments: The Construction Contract will result in the expenditure of an amount not to exceed $632,673 and the project is estimated to be complete in 9 months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid, Part B (Restroom and Office Building) with Barcom Construction, Inc. of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Resolution Project Budget Location Map Presentation Form 1295 Certified Letter 8-2-16 Deadline to Submit Bonds Response from Cruz Certified Letter 8-15-16 Rescind Decision Resolution rescinding the award to Cruz Maintenance & Construction, Inc. (CMCI) in the amount of $598,874.00, authorizing the City Manager, or designee, to execute a construction contract with the second lowest responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, in the amount of $632,673.00 and execute a claim against CMCI's bid bond in the amount of $33,799.00 for the Collier Pool Renovations Rebid — Part B (Restroom and Office Building) project due to failure of CMCI to comply with the terms and conditions of the Bid. (Bond 2012 Proposition 4 — Aquatic Facilities) WHEREAS, the City advertised for and then opened bids for the Collier Pool Renovations Rebid — Part B (Restroom and Office Building) Project ("Project") on April 6, 2016, in accordance with Chapter 252 of the Local Government Code; WHEREAS, bidders were required to bid the work and provide the City with a bid bond for 5% of the greatest amount bid under Section 00 11 16 Invitation to Bid, Article 6 Bid Security, which provides that Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract; WHEREAS, at the time of the bid opening, the three apparent low bidders were: Cruz Maintenance & Construction, Inc., Barcom Construction, Inc. and SpawGlass Contractors, Inc.; WHEREAS, the City awarded CMCI the Project on June 14, 2016; WHEREAS, the Contractor was required to provide performance and payments bonds within 14 days of award; WHEREAS, the Contractor failed to provide the required performance and payment bonds; WHEREAS, the City is unable to enter into an agreement with a contractor that does not provide the required bonds pursuant to the Texas Government Code; WHEREAS, the City must award a contract to the lowest responsible bidder; and WHEREAS, the second lowest responsible bidder for the bid invitation No. E14008 for the Collier Pool Renovations Rebid — Part B (Restroom and Office Building) Project is Barcom Construction, Inc. (Barcom). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council hereby finds that the City cannot enter into an agreement with Cruz Maintenance & Construction, Inc. for the Project. SECTION 2. The City Council hereby rescinds the award of the contract for the Project made to CMCI by Motion No. M2016-060 on June 14, 2016. SECTION 3. The City Council hereby finds that Barcom Construction, Inc. as the second lowest bidder is the lowest responsible bidder. SECTION 4. The City Manager or designee is authorized to execute a contract with Barcom in the amount of $632,673.00 for the Project. SECTION 5. The City staff is directed to execute a claim on the bid bond submitted by CMCI in the amount of $33,799.00, in accordance with the City's requirements, due to CMCI's failure to execute an agreement as required by the City. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2016 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 PROJECT BUDGET Aquatic Facility Upgrades and Improvements Collier Pool - Parts A & B BOND 2012 FUNDS AVAILABLE: Parks and Recreation Bond 2012 CIP $ 3,500,000 ADA Improvements Bond 2008 20,000 Future Bid Bond Claim 33,799 TOTAL $ 3,553,799 FUNDS REQUIRED: Construction: Construction - Part B (Cruz Maintenance & Construction) THIS ITEM $ 632,673 Construction Contingency (7.5%) 47,450 Construction - Part A (Atlantis Aquatics Group) 1,782,412 Construction Contingency (10%) 178,241 Construction Inspection & Testing: Construction Inspection - Part B (Estimate) 35,000 Construction Phase - Part B Materials Testing Services (Rock Engineering) 7,359 Construction Inspection - Part A (Estimate) 70,000 Construction Phase - Part A Materials Testing Services (Rock Engineering) 12,377 Design: * Design Architect (Turner Ramirez, LLC.) 329,550 Design Phase - Geotechnical & Materials Testing (Rock Engineering) 4,900 **Reimbursements 19,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 17,500 Engineering Services (Project Mgt/Constr Mgt) Misc. (Printing, Advertising, etc.) 1,500 Other: Staff Augmentation 42,848.00 TOTAL $ 3,161,810 *** ESTIMATED PROJECT BUDGET BALANCE $391,989 * Includes design of both Collier and West Guth Pools **Both Collier and West Guth Pools *** Remaining balance is reserved for improvements to the West Guth pool facility. Aquatic Facility Upgrades and Improvements Collier Pool CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CORPUS CHRISTI PARKS& RECREATION Corpus Chr sti Capital Programs Collier Pool Improvements (Package B) Aquatics Facility Upgrades and Improvements Bond Issue 2012 Proposition 4 Council Presentation August 23, 2016 Vicinity Map Corpus Chr sti Engineering Services Project Location Location Map Corpus Chr sti Engineering Services Project Scope h F..a Corpus Christi Engineering Services CORPUS CHRISTI PARKS& RECREATION COLLIER POOL FLOOR PLAN THIS PROJECT TURNER RAMIREZ ARCHITECTS s PLANNERS Project Scope Corpus Chrsti Engineering Services Collier Pool Aquatic Facility Upgrade and Improvement was split into two packages in order to increase competition on a project with major components that required specialty contractors. • Package A (Pool and Pump House) PREVIOUSLY AWARDED • Package B (Bathhouse and Other Improvements) THIS ITEM Project Scope Corpus Chr sti Engineering Services Construction of the Restroom and Office Building with the following features: • New 500 S.F. restroom facility with shower • New 400 S.F. office for Park and Recreation personnel • New 1,600 S.F. shade structure • New Entrance Gate Project Schedule Corpus Chr sti Engineering Services Collier Pool Package A (Pool) 2015 Aug Sep Oct Nov Dec Keesign 2016 U Apr MI®® Feb Bid / Award Aug Sep Oct Nov Dec Construction Projected Schedule reflects City Council award of Collier Pool construction in April 2016 with anticipated construction completion in January 2017. Collier Pool Package B (Bathhouse Building) Bid Opening - April 6, 2016 Anticipated Council Award (Barcom) - August 2016 Contractor NTP - September 2016 Construction Completion - May 2017 West Guth Pool Upgrades Currently being designed in conjunction with West Guth Park Improvements 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: 2016-97503 Date Filed: 08/10/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Barcom Construction, 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. E14008 Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ;.;..a:Poi'. JAMIE E. VICKERS __, '. : z ` State N C of Texas iI '•'?>:;oFt``'�' Comm. Ex 0421-2019 Pave,/ _40 Signature of authorized �.f contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE �� Sworn to and s •scribed before me, by the said ail T. 1-6 f - / , this the /6 ' day of 20 1 LI) , . ertify wh' , ess my hand and seal of office. Ling Jarn1).elP5L�vie d Ir .1 J �1.1 Obodiluclin( - . •lure of officer ad inistering oath Printed name of officer administering oath Tit officer administering oath ovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 liet6 City of Corpus Christi CAPITAL PROGRAMS P.Q. Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3500 Fax 361-826-3501 www.cctexas.com Construction Inspection 4917 Holly Road Corpus Christi Texas 78411 Phone 361-826-3555 Fax 361-826-3520 Survey 4917 !lolly Road Corpus Christi Texas 78411 Phone 361-826-3555 Fax 361-826-3520 August 2, 2016 Christopher Cruz Cruz Maintenance & Construction, Inc. VIA CMRRR# 70050390000007236857 3041 Cabaniss Parkway Road Corpus Christi, TX 78415 Mr. Cruz, & VIA Email: ccruz@cruzcmc.com SUBJECT: Notice of Failure to Enter into an Agreement & Opportunity to Cure Collier Pool Renovations (Bond 2012) Rebid — Package B (Restroom & Office Building) Project No. E14008 ("Project") On Wednesday, April 6, 2016, Cruz Maintenance & Construction, Inc. submitted a bid of $598,874.00 for the Collier Pool Renovations (Bond 2012) Rebid — Package B (Restroom & Office Building) Project No. E14008. The Bid Acknowledgement Form was signed by you and submitted with your bid, agreeing to the terms and conditions of the Bid Invitation and Instructions to Bidders. Please reference the following sections in the Bid Acknowledgement Form: 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. This is notice that you are in violation of your Bid, and you must take immediate action to cure. The bid bond submitted with your Bid states that if you fail to enter into a contract for the Project, you are required to pay the difference in the amount specified in your Bid and the larger amount that the City is required to pay in good faith to contract with another party to perform the work. By 5:00 p.m. on Friday, August 5, 2016, you must provide me a copy of a valid Performance Bond and a valid Payment Bond in the amount of your Bid for the Project. If you fail to deliver the required bonds, the City will declare you to be in default, award the contract to the second lowest bidder for the Project and claim against your bid bond for the price difference. Sincere) J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi cc: Phillip Ramirez, AIA Tumer Ramirez Architects 3751 S. Alameda St. Corpus Christi, TX 78411 WA EMAIL: Mark Van Vleck, Assistant City Manager Jay Ellington, Assistant City Manager Stacie Anaya Talbert, Interim Director of Parks & Recreation Veronica Ocanas, Senior Assistant City Attorney Janet L. Kellogg, Assistant City Attorney Miles Risley, City Attorney 2 of 2 City of Corpus Christi CAPITAL PROGRAMS P.O. Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3500 Fax 361-826-3501 www.ectexas.com August 15, 2016 Mr. Christopher Cruz Cruz Maintenance & Construction, Inc. 3041 Cabaniss Parkway Road Corpus Christi, Texas 78415 VIA CMRRR# 7005 0390 0000 0723 6185 & VIA E-MAIL: ccruz(r icruzcmc.com Subject: Collier Pool Renovations (Bond 2012) Rebid — Package B (Restroom & Office Building) Project No. E14008 ("Project") Notice of Proposed City Council Action Rescinding Award to CMCI Dear Mr. Cruz: On August 2, 2016, the City notified you that you were in default for failure to enter into an agreement for the Project and gave you an opportunity to cure by supplying the required Performance and Payment bonds. On August 5, 2016, you notified the City by email that you were not able to provide the bonds for the Project (see Exhibit A). The City will propose rescinding the award of the Project to CMCI and award of the Project to Barcom Construction, Inc. as the lowest responsible bidder at the City Council meeting on August 23, 2016. City Council meets at 11:30 a.m. on the 1' floor of City Hall located at 1201 Leopard Street, Corpus Christi, Texas. Sincerely, Construction Inspection 4917 Holly Road Corpus Christi Texas 78411 Phone 361-826-3555 Fax 361-826-3520 Survey 4917 Holly Road Corpus Christi Texas 78411 Phone 361-826-3555 Fax 361-826-3520 (.. t- Jeffrey H. Edmonds, P.E. Director of Engineering Services wlcopy to: SureTec Insurance Company 9737 Great Hills Trail. Suite 320 Austin, TX 78759 CC: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works Jerry Shoemaker, P.E., Senior Program Manager Miles Risley, City Attorney Veronica Ocanas, Assistant City Attorney Janet Kellogg, Assistant City Attorney EXHIBIT A From: ccruz@cruzcmc.com [mailto:ccruz@cruzcmc.com] Sent: Friday, August 05, 2016 4:22 PM To: Jeffrey Edmonds Cc: Valerie Gray; Jerry Shoemaker; Shane Torno; Kent Power; ccruz@cruzcmc.com; acruz@cruzcmc.com; cmcap@cruzcmc.com Subject: RE: Notice of Failure to Enter into an Agreement & Opportunity to Cure Mr. Edmonds, Payment & Performance bonds were requested from our surety timely, however our underwriter requested information causing a delay in response to the August 05 deadline. The Requested information was submitted, however not incorporated to our file until early this week. We understand and are appreciative to the time extension given, unfortunately the Payment and Performance Bonds can not be presented by 5:OOpm today as discussed. Feel free to contact me if you have any questions Thank You, Christopher Cruz CRUZ r3nrrFu:1 CIWFuruaF www.Cru:rmc_cam (361}-551-2002 3R+3 p,,; Cr r . T. :Sin CHRISTOPHER CRUZ PRESIDENT 4000 From: ccruz@cruzcmc.com [mailto:ccruz@cruzcmc.com] Sent: Friday, August 05, 2016 4:22 PM To: Jeffrey Edmonds Cc: Valerie Gray; Jerry Shoemaker; Shane Torno; Kent Power; ccruz@cruzcmc.com; acruz@cruzcmc.com; cmcap@cruzcmc.com Subject: RE: Notice of Failure to Enter into an Agreement & Opportunity to Cure Mr. Edmonds, Payment & Performance bonds were requested from our surety timely, however our underwriter requested information causing a delay in response to the August 05 deadline. The Requested information was submitted, however not incorporated to our file until early this week. We understand and are appreciative to the time extension given, unfortunately the Payment and Performance Bonds can not be presented by 5:OOpm today as discussed. Feel free to contact me if you have any questions Thank You, Christopher Cruz L,I CRUZ www.truttnK_Dam 13611-S s1-2 0102 221947. [abanIss I . Corpos Chrkb. T?: 79415 CHRISTOPHER CRUZ PRESIQENT CERTIFIED Original Message Subject: Notice of Failure to Enter into an Agreement & Opportunity to Cure From: Jeffrey Edmonds <JeffreyE@cctexas.com> Date: Tue, August 02, 2016 9:49 am To: 'Christopher Cruz' <ccruz@cruzcmc.com> Cc: Valerie Gray <ValerieG@cctexas.com>, Jerry Shoemaker <JerryS2@cctexas.com>, Shane Torno <ShaneT@cctexas.com>, Kent Power <KentP@cctexas.com> Chris - The letter we discussed yesterday has been drafted by counsel and will be going out certified mail to your attention with a scanned copy delivered via email. The letter states that by 5:00 p.m. on Friday, August 5, 2016, you must provide a valid Performance Bond and a valid Payment Bond in the amount of your Bid for the Project. If you fail to deliver the required bonds, the City will declare you to be in default, award the contract to the second lowest bidder for the Project and claim against your bid bond for the price difference. Your prompt attention to this matter would be greatly appreciated. Jeff Edmonds, P.E. City of Corpus Christi Director of Engineering 361-826-3851 office 361-730-8515 mobile JeffreyE©cctexas.com AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of August 23, 2016 Second Reading Ordinance for the City Council Meeting of August 30, 2016 DATE: August 8, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Amending Parking Advisory Committee to update membership composition CAPTION: Ordinance amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severance and an effective date. PURPOSE: The membership composition needs to be amended to rename the Corpus Christi Beach Task Force to the North Beach Community Association. BACKGROUND AND FINDINGS: The Task Force has dissolved due to completion of task. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends amending the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severance and an effective date. Whereas, the Corpus Christi Beach Task force has dissolved due to completion of task. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 53, Section 196 Parking Advisory Committee, is amended as follows: Sec. 53-196. - Parking Advisory Committee. (a) There is hereby created an advisory board to be called the Parking Advisory Committee. (b) Membership composition, appointments and terms of the Parking Advisory Committee are as follows: (1) Appointment: The Parking Advisory Committee shall be appointed by the city council and will be composed of eleven (11) voting members and three (3) non- voting advisory members as follows: a. One (1) member nominated by the district council member who represents the downtown area. b. Two (2) members nominated by the Downtown Management District. c. One (1) member nominated by the Corpus Christi Bcach Task Force. North Beach Community Association d. One (1) member nominated by the Uptown Neighborhood Initiative. e. Two (2) members nominated by the Building Owners and Management Association. f. One (1) member nominated by the Corpus Christi Convention and Visitor's Bureau. g. Two (2) members who shall represent downtown residential interests - one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area. h. One (1) member to represent the community at large. Page 1 i. The city manager, police chief, parks and recreation director or their designees shall serve as non-voting advisory members. The parking control manager or supervisor shall serve as liaison to the committee. (2) Terms and vacancies: a. Of the eleven (11) members with voting power, the initial terms of six (6) members shall serve a two-year term, and five (5) members shall serve a three-year term as determined by a drawing to be conducted in the city secretary's office. Thereafter, all terms shall be three (3) years with terms expiring on July 31 of the applicable year. b. All vacancies shall be filled in the same manner and to represent the same category vacated. The parking advisory committee provides advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of this chapter, including: a. On -street and off-street parking, special events, and revitalization projects within the city center; b. Developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities. c. Parking and signage programs and city center concerns. d. The location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators. e. Expenditure or usage of Parking Improvement Fund. f. Parking improvement. g. Participate with the county on parking enhancement and city center revitalization matters. (3) (4) Organization: The committee shall elect, from among its voting members at the first meeting, a member to serve as a chairperson and a vice -chairperson, and who shall serve for a term of one (1) year. (c) The parking advisory committee meets a minimum of twice yearly and may meet at other times at the call of the chairperson of the committee. (d) The parking advisory committee shall submit written reports and recommendations to the police chief and city manager. The city manager will review the reports and recommendations before submitting to city council for action if necessary. (e) The parking advisory committee shall act in an advisory capacity and shall not incur any debts, expenses or liability to the city. The committee may establish and adopt bylaws not inconsistent with the ordinance. (f) Page 2 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect upon passage. Page 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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 Page 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 23, 2016 Second Reading Ordinance for the City Council Meeting of August 30, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a $2,500 grant from NuStar Energy L.P. to purchase equipment for the Aerial and Emerging Robotics Team. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L. P. in the amount of $2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. PURPOSE: The grant will be used to purchase equipment for the Aerial and Emerging Robotics team. The equipment will allow the team to transmit video images from the Unmanned Aerial System (drone) to a ground monitor and streamed to a secure site on the internet. Command Units, Administration, and EOC will access the video and have a better situational awareness, thereby improving safety and effectiveness at an emergency incident. Additional uses of the Unmanned Aerial System will be overhead view of a large fire, damage assessment of a hurricane, wide area search for victims in the water and land. Fire Prevention activities such as determining the condition and layout of buildings. Hazmat incidents to determine the size of an event and the direction and speed of the plume. BACKGROUND AND FINDINGS: None ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance —Grants 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 $2,500.00 $2,500.00 BALANCE $2,500.00 $2,500.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approving the Ordinance to accept and appropriate the grant funds in the amount $2,500.00 LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from NuStar Energy L.P. in the amount of $2,500 to purchase equipment for the Emerging Robotics team. SECTION 2. That $2,500 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. 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 uStar May 25, 2016 City of Corpus Christi Corpus Christi Fire Department cio Jim DeVisser 2406 Leopard St Ste 300 Corpus Christi TX 78408 Dear Corpus Christi Fire: Because of the great work you're doing in the community, we're happy to make a contribution to your agency! It's our hope that by contributing to worthwhile causes, like yours, we can help make a difference by changing lives for the better! As part of our charitable giving program, we're required to document all donations made by NuStar Energy L.A., its subsidiaries and its affiliated Foundation for tax reporting purposes. We'd appreciate it if you would complete the information below about the attached contribution and return it to Michelle Unda at michelle.unda(cr�nustareneri;v.com or fax it to 210-918-5798. If you have any questions, please feel free to contact Michelle at 361-249-9429. Event (if applicable): Check #: (v 0 4/O4 59 3 Contribution Information Yes No 0 0 Amount: $ 2/ .5710. O O Check Date: �'2 3/20 / 6 We received the donation listed above. If not, please explain (did not receive, wrong amount, etc.) We are a 501(c)(3) organization. lapWe provided goods and/or services (green fees, dinner, etc.) to NuStar for this donation. If yes, the estimated fair market value of goods/services provided is: 5 ilsnak.2 '�ka1i�,i�C J1w.�e ViSS[� Signature Print Name kbee‘rZ\C Cpz, c EN c.)11:7 -C 5 7h, • Title Date We appreciate your help and all that you're doing to serve the community! 410 SPID Ste 200, Corpus Christi, TX 78405 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 23, 2016 Second Reading Ordinance for the City Council Meeting of August 30, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 to support the Web Based Emergency Operations Center (WebEOC) CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. PURPOSE: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $15,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the sixteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. BACKGROUND AND FINDINGS: None ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance - Grants 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 $15,000.00 $15,000.00 BALANCE $15,000.00 $15,000.00 Fund(s): Fire Grants Fund 1062 Comments: None RECOMMENDATION: Staff recommends approving the Ordinance to accept and appropriate the grant funds in the amount of $15,000.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. 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 Coastal Bend Regional Advisory Council (CBRAC) Trauma Service Area U (TSA -U) P.O. Box 18460, Corpus Christi, TX, 78480 361-939-7177 phone 361-939-7117 fax www.cbrac.ora August 3rd, 2016, Mr. Billy Delgado Emergency Management Coordinator City of Corpus Christi Office of Emergency Management 2406 Leopard Street, 4th floor Corpus Christi TX 78408 Dear Mr. Delgado, Thank you again on behalf of our organization to you and your staff at the City OEM for their continued administrative support of WebEOC. It is a critical tool for our regional healthcare system and provides a means for the medical community to share valuable information in real-time fashion during emergency situations. This letter will serve as confirmation that CBRAC will once again be able to provide the OEM with financial support through dollars awarded from our federally funded Hospital Preparedness Program distributed by the Texas Department of State Health Services. The attached Memorandum of Agreement (MOA) outlines the roles and responsibilities that we have previously discussed and shows the actual monetary amount of $15,000 we can provide for support in FY17. Again, we thank you and your staff for the continuous support and collaboration with the regional WebEOC program. Thank you as always for your time. Sincerely, ctiCCff Hilary Watt, Executive Director CBRAC, EMTF-11 hilarv@cbrac.org CBRAC is n 501(0 (3) nonprofit organization with an office located at 725 Elizabeth Street.smte4,.Corpus Christi, TX, 78404 AGENDA MEMORANDUM Future Agenda for the City Council Meeting of August 23, 2016 Action Item for the City Council Meeting of August 30, 2016 DATE: August 18, 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) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P. E., Interim Director of Street Operations jeffreye@cctexas.com (361) 826-3851 Resolution in support of Residential Street Reconstruction Test Projects CAPTION: Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. PURPOSE: The purpose of this Agenda Item is to obtain authority to perform test projects as a preliminary effort towards development of a citywide Residential Street Reconstruction Program. BACKGROUND AND FINDINGS: Staff has been working to develop a citywide Residential Street Reconstruction Program. Several areas have been identified which support the idea of doing one or more test residential street reconstruction projects to better define the program and more accurately project costs. 1 One critical concern is a lack of data for pricing residential street reconstruction work. (Recent cost estimates were based on Bond 2008 paving assessment projects.) Additionally, design, scoping and more detailed construction requirements need to be developed in order to execute the program more effectively. Two streets sections were identified as representative "test" projects: Ralston Street from South Staples to Alameda in District 2, and Rogerson Drive from McArdle to Sunnybrook in District 3. These street sections were selected as examples of some of the worst residential street sections in the city, each of which has different characteristics and conditions. The two test sites will be designed and bid as separate construction projects with execution of design and construction monitored and evaluated in order to develop more effective program processes and expectations. Residential streets selected for reconstruction/rehabilitation under the implementation of a residential street reconstruction program will be prioritized and selected in accordance with ranking elements developed and determined by the Ad Hoc Residential Street Infrastructure Committee and staff. Upon Council approval, an engineering contract will be issued for design, construction, and bid document development for reconstruction of Ralston Street and Rogerson Drive. If approved, the design phase for the test projects would begin in Fall 2016 with bidding anticipated in early 2017. Construction would likely start in Spring 2017. Funds for the projects will be provided from the Residential/Local Street Reconstruction Fund (No. 1042) current fund balance, and Fiscal 2016 and 2017 revenues. REVENUE - FUND 1042 Fund Balance General Fund (End of Fiscal Year) Industrial District (January) TOTAL AVAILABLE FUNDS Fiscal2015 Fiscal2016 Fiscal2017 $ 1,000,000 $ 1,193,384 $ 1,000,000 $ 450,850 $ 455,000 $ 1,000,000 $ 1,644,234 $ 1,455,000 $ 4,099,234 ALTERNATIVES: Council could not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item adheres to all City policies. EMERGENCY / NON -EMERGENCY: Non -Emergency 2 DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget (This element of work only) $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 BALANCE $0.00 $0.00 Fund(s): RECOMMENDATION: City staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Estimated Project Budget Resolution Presentation 3 RESIDENTIAL RECONSTRUCTION - TEST PROJECTS CONSTRUCTION Construction ARCHITECT / ENGINEER (A/E) SERVICES Design: Street Water Wastewater Solid Waste Gas Additional Services: Permit ROW Survey Topo Environmental Public Involvement SUE Traffic Analysis Pavement Lifecycle Testing (Geotech & Quality) Ralston Rogerson Street Utilities Street Utilities $ 1,394,377 $ 764,851 $ 1,005,289 $ 317,481 6.0% $ 83,663 $ 45,891 $ 60,317 $ 19,049 3.0% $ 41,831 $ 22,946 $ 30,159 $ 9,524 1.5% $ 20,916 $ 11,473 $ 15,079 $ 4,762 Total A/E Services 10.5% $ 146,410 $ 80,309 $ 105,555 $ 33,335 ADMINISTRATION ("Soft Costs") Contract Administration (Fin., Budg., Cont. Admins 2.0% $ 27,888 $ 15,297 $ 20,106 $ 6,350 Engineering Services (Proj. Mgrs., Support) 3.0% $ 41,831 $ 22,946 $ 30,159 $ 9,524 Construction Inspection*: 3.5% $ 48,803 $ 26,770 $ 35,185 $ 11,112 Construction Observation Inspection Warranty Misc. (Printing, Adv., etc.) 0.3% $ 4,183 $ 2,295 $ 3,016 $ 952 Total "Soft" Costs 8.8% $ 122,705 $ 67,307 $ 88,465 $ 27,938 TOTAL NON -CONSTRUCTION COSTS 19.3% TOTAL PROJECT COSTS GRAND TOTAL TOTAL STREET COST TOTAL UTILITIES COST GRAND TOTAL $ 269,115 $ 147,616 $ 194,021 $ 61,274 $ 1,663,492 $ 912,467 $ 1,199,309 $ 378,754 I $ 2,575,960 I I $ 1,578,064 I $ 2,862,801 $ 1,291,222 $ 4,154,023 REVENUE - FUND 1042 Fund Balance General Fund (End of Fiscal Year) Industrial District (January) TOTAL AVAILABLE FUNDS All percentages (%) are % of Construction Estimated Cost *Construction Inspection services are done by both internal staff Fiscal 2015 Fiscal 2016 $ 1,000,000 Fiscal 2017 $ 1,193,384 $ 1,000,000 $ 450,850 $ 455,000 $ 1,000,000 $ 1,644,234 $ 1,455,000 $ 4,099,234 Note. Construction includes replacement of C&G and ADA on both sides Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. WHEREAS, in October 2015, City Council created the Ad Hoc Residential Street Infrastructure Advisory Committee to evaluate and provide recommendations for a Residential Street Reconstruction Program; WHEREAS, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council in June 2016 that included several recommendations; WHEREAS, Staff has been working to develop a Residential Street Reconstruction Program and has identified several areas that support the idea of doing one or more test projects to better define the scope and costs of the program; WHEREAS, Staff has identified two street sections as representative test projects because the sections represent some of the worst residential street sections in the city and each section has different characteristics and conditions; WHEREAS, Staff will use the information from the test projects and the recommendations from the Ad Hoc Residential Street Infrastructure Advisory Committee to further develop the Residential Street Reconstruction Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to proceed with the Residential Street Reconstruction Test Project by reconstructing Ralston Street, from South Staples Street to Alameda Street, and Rogerson Drive, from McArdle Road to Sunnybrook Road. SECTION 2. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2016 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 . G1TY OF C4 .Gs RECONSTRUCTION LOCA.! RESIOEHTIAL Residential/Local Reconstruction Test Projects Ralston Street & Rogerson Drive Council Presentation August 23, 2016 Vicinity Map CORPUS CHRISTI BAY RALSTON LOCATION T N SCALE NTS_ 2 Ralston Street Alameda to Staples Ralston Street Staples towards Swanter Ralston Street Staples to Swantner @ Swantner 5 Ralston Street Swantner towards Reid Ralston Street Reid Towards Alameda Rogerson Drive Sunnybrook to McArdle 8 Rogerson Drive At Sunnybrook Rogerson Drive Between Sunnybrook & Mansheim 10 Rogerson Drive Between Mansheim & McArdle 11 Rogerson Drive Near McArdle 12 Residential/Local Reconstruction Discussion G`1 OF CORPUS CyRs i ?FFTimPRp E 0��¢vP Extending the life of our streets. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 23, 2016 Action Item for City Council Meeting August 30, 2016 DATE: 8/10/2016 TO: Margie C. Rose, City Manager THRU: E. Jay Ellington, Interim Assistant City Manger JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Approve the FY2016-2017 HOME Program set-aside funds. CAPTION: Motion to approve the FY2016-2017 HOME Program set-aside funds in the amount of $231,634 and award the funding to Calallen Apartments. PURPOSE: Purpose of the motion is for City Council to approve the FY2016-2017 HOME Program set-aside funds for one project which has received Texas Department of Housing and Community Affairs (TDHCA) Housing Tax Credits. BACKGROUND AND FINDINGS: On February 23, 2016, the City Council passed a Resolution in support of the proposed affordable housing projects known as Calallen Apartments who was requesting local support from the U.S. Department of Housing and Urban Developments (HUD) HOME Program funds. On July 12, 2016, City Council approved to set-aside HOME FY2016-2017 funds in the amount of $231,634 for an affordable housing project which was also applying for Texas Department of Housing and Community Affairs (TDHCA) Housing Tax Credits. The TDHCA Board of Directors met in July 28, 2016 and TDHCA awarded Housing Tax Credits to the Calallen Apartments Project. The Calallen Apartments, once constructed, will be an affordable housing development located at 14800 Northwest Blvd., Corpus Christi, TX 78410. ProsperaHCS Calallen, LP., proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. Calallen Apartments is requesting the HOME FY2016-2017 set-aside funds of $231,634 for to be used along with the Housing Tax Credits received and private debt for the commencement and completion of this project. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $231,634 $231,634 BALANCE $231,634 $231,634 Fund(s): Comments: None RECOMMENDATION: HCD requests the passing of the motion. LIST OF SUPPORTING DOCUMENTS: Presentation with Maps Calallen Apartments Council Presentation August 23, 2016 Calallen Apartments Developer — ProsperaHCS Calallen, LP. Units — 96 (new construction) Address —14800 Northwest Blvd., Corpus Christi, TX 78410 Population served — Multifamily Calallen Apartments Location Cafallen Apartments 16800 Northwest... 1 in 200100 0 Calallen Apartments Location 4 AGENDA MEMORANDUM City Council Meeting of August 23, 2016 DATE: August 15, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E. Executive Director of Public Works valerieg@cctexas.com 361-826-3729 Jeff Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3500 UPDATE TO CITY COUNCIL Bayshore Park STAFF PRESENTER (S): Name 1. Stacie Talbert-Anaya 2. Jeff Edmonds, P. E. OUTSIDE PRESENTER(S): Name 1. Phillip Skrobarczyk 2. Raymond Gignac BACKGROUND: Title/Position Interim Director Director Title/Position Principal Principal Department Parks and Recreation Engineering Services Organization Fulton Construction Gignac Architects This project is Phase 1 of a multi -phase effort to build out the South Bayfront to provide programmable space and enhanced park -user experience through upgraded facilities and new facilities and finishes. A key focus of Phase 1 is improved shade and other enhancements to Sherrill Park for the Veteran's ceremonies held there. Other improvements will include additional parking from Kinney St. through Cooper's Alley, new restrooms at McCaughan Park and Sherrill Park, a new pier and deck to the marina breakwater adjacent McGee Beach, utility connections for (7) food trucks on Park Ave., and enhancements to the Great Lawn to support community events such as Beach to Bay and Buc Days. Parking enhancements, new ADA sidewalks along the west side adjacent new Shoreline Blvd., and a privately funded dog park are also included. Remaining Bond 2008 funding supports this project. The Design -Build Contractor will break ground the day after Labor Day to maintain a schedule such that the majority of improvements are installed prior to Beach to Bay 2017. As promised to Council upon award in April, the project is coming back to Council to provide a look at the design prior to commencing construction. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Initial Scope of Work Presentation — Bayshore Park Update, August 2016 JET EN irr in /7e51:11111. A 61195 It. il II 1 .. ii, Air 7 P" Fu1ton7(Coastcon 0GIGNAC j ARCHITECTS GenerContractors Fulton Coastcon Genera Contractors The following describes the initial scope of work for the Bayfront Park Project, Corpus Christi, Texas. 1. Iconic Signage — Iconic signage will be provided at the southernmost end of Shoreline Boulevard to define a sense of place. Additional signage will be provided throughout as determined by the city, such as the main entrance on Park Ave. 2. McCaughn Park Improvements — The improvements to McCaughn Park will include additional shade structures, a designated large and small dog park area and a multi-purpose concrete slab. Additionally, ventilated public restrooms with showers will be constructed to accommodate visitors to the beach & special events. Landscaping will be provided and area lighting as determined by the city along the existing sidewalk. The existing parking lot will be reconfigured to provide for the maximum number of spaces possible including minor repair and resurfacing as needed to preserve the existing pavement and to accept the proposed pavement markings and ADA parking will be conveniently located for park visitors. The existing playground equipment will be removed to make way for new playground equipment. 3. Shoreline Boulevard Improvements — Improvements to Shoreline Boulevard will include the construction of planters with landscaping along Shoreline Boulevard from Furman Avenue to Park Avenue. Planters and trees will be placed at the southernmost end of shoreline to soften the view of the existing roadway with additional plantings as requested by the city. 4. Pier Improvements — Pier improvements will include removal of the existing cafe and a renovation of the space to accommodate a deck area with lighting, & maintain existing ramping to provide access from street level to the sand elevation. 5. Special Events Space Improvements — The area referred to as the Great Lawn will remain as a large grass lawn area. Two special events spaces will be provided at the Northwest and Southeast corner of the Great Lawn. A continuous sidewalk will be constructed to run parallel with Shoreline Boulevard to the West of the Great Lawn and another sidewalk will run down the East side to provide a POST OFFICE BOX 9486 CORPUS CHRISTI, TEXAS 78469 OFFICE (361) 993-5200 FAX (361) 993-8005 Fulton Coastcon Genera Contractors safe flat walking surface to shoreline. Utilities will be run to Park Avenue to accommodate 7 food trucks and provide adequate utilities to each. Utility connections and a laydown area for portable restrooms will be provided on the North side of Park Avenue. In an event which requires Park Avenue to be closed off to traffic, a gate will be placed to direct traffic into the adjacent parking lot and out of the road. Shade structures will be added on the great lawn to cover an outdoor seating at the food court. 6. Sherrill Park Improvements — The sunken portion of the park will be lifted to the same grade as the surrounding area. Additionally, shading will be added, as well as expanded utilities & lighting. All existing memorials that are impacted by raising the garden will be carefully placed in like locations. Ventilated public restrooms will also be provided with an attached storage room for Sherrill Park event equipment. This area will receive enhanced landscaping. ADA parking will be provided along Kinney Street. Additional Scope: Not in Contract (N.I.C.) 1. We propose an add alternate for repairing and overlaying the large Coliseum parking lot. This will include all new lighting. POST OFFICE BOX 9486 CORPUS CHRISTI, TEXAS 78469 OFFICE (361) 993-5200 FAX (361) 993-8005 t /GENERq esn ?\ 4 CORPUS CHRISTI PARKS& RECREATION Corpus Chr sti Engineering Services Bayshore Park Update August 2016 Council Presentation August 23, 2016 Location Map coo Corpus Chrsti Engineering IH 37 1041. / i Project Location 2 Master Site Plan es* Corpus Chr ± Engineering PRO E ADULT FITNESS OLED FPO IN DO FED w STRUCTURE , vt: n -o PARKS, E SPECIAL EVOID SPACE j SNOT IR _R / _� \ 1_11 kr 3 Restroom Building Corpus Chr'sti Engineering PLAN LOCATION NEW RESTROOM rAC1LITIES ELEVATION - CMU PATTERN CONCEPT FLOOR PLAN Ca ncERew. COLOR OR GROUND GGWRx 011OR9 fMOCRM.C.a.0RI I�RIERI�UL GOLORI 4 Sherrill Park Corpus ChrSti Engineering 5 Sherrill Park Corpus Ch r sti Engineering FLOOR PLAN 6 Sherrill Park Corpus Chr sti Engineering Rill,„#flastom 011G4kAr AAA 1A,TA, 7 Project Schedule C4* Corpus Chr sti Engineering 2015 2016 2017 JIAIslOINIDIJIFIMIAIMIJIJIAIsIOINIDIJIFIMIAIM RFQ / RFP & Award Design / Construction Project Estimate: 425 Calendar Days N 14 Months Projected Schedule reflects City Council award in March 2016 with anticipated construction completion in May 2017.