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Agenda Packet City Council - 04/25/2017
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,April 25,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. B. Invocation to be given by Rabbi Mary Ekroos, Kehilat B'nai Shalom. C. Pledge of Allegiance to the Flag of the United States to be led by Myranda Flores, West Oso High School, Student Council President. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0522 Proclamation declaring April 23 - 29, 2017, "Laboratory Professionals Week". Proclamation declaring April 30 - May 6, 2017, "National Small Business Week". Proclamation declaring May 1-7, 2017, "National Children's Mental Health Awareness Week". Proclamation declaring May 12, 2017, "Relay For Life Day". Proclamation declaring May 13, 2017, "Lemonade Day". Corpus Christi Page 1 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0521 Regular Meeting of April 18, 2017 and Workshop of April 13, 2017. Attachments: Minutes-April 18, 2017 Minutes-April 13, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. 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. K. CONSENT AGENDA: (ITEMS 3 - 7) 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 Corpus Christi Page 2 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 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. 17-0470 Purchase and installation of playground equipment at West Haven Park Motion approving the purchase and installation of playground equipment at West Haven Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $83,200.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Attachments: Agenda Memo- Playground Equip and Install at West Haven Park Price Sheet- Playground Equip and Install at West Haven Park.xlsx Service Agreement- Playground Equip and Install at West Haven Park Form 1295-Playground Equip and Install at West Haven Park 4. 17-0444 Resolution authorizing Interlocal Agreement with West Oso ISD for West Haven Park Maintenance Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive. Attachments: Agenda Memo-West Oso ISD Interlocal Agreement for Westhaven Park Resolution -West Oso ISD Interlocal Agreement for Westhaven Park Agreement-West Oso ISD Interlocal Agreement for Westhaven Park 5. 17-0438 Second Reading Ordinance - Rezoning property located at 4325 South Padre Island Drive (State Highway 358) (1st Reading 4/18/17) Case No. 0317-05 Vishal Hotel, LP: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property to be rezoned is described as Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. Planning Commission and Staff Recommendation (March 22, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Vishal Hotel, LP ("Owner"), by changing the UDC Zoning Corpus Christi Page 3 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 Map in reference to Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0317-05 Vishal Hotel, LP Ordinance -0317-05 Vishal Hotel, LP Aerial Maps-0317-05 Vishal Hotel, LP Zoning Report-0314-05 Vishal Hotel, LP 6. 17-0480 Second Reading Ordinance - Rebranding of Bayshore Park Development to The Water's Edge and adding "Veterans' Memorial" to Sherrill Park (1st Reading 4/18/17) Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park". Attachments: Agenda Memo-The Water's Edge Ordinance -The Water's Edge and Sherrill Veteran's Memorial Park Naming On Exhibit Presentation - Bayshore Park Naming 7. 17-0454 Second Reading Ordinance - Establishing a school zone for Tuloso-Midway High School (1st Reading 4/18/17) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V - Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. Attachments: Agenda Memo-School Zone McKinzie Rd.docx Ordinance - McKinzie Road (School Speed Zone) Location Map-School Zone McKinzie Road.pdf Vicinity Map-School Zone McKinzie Rd.pdf Presentation -School Zone McKinzie Road.pptx L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 8 - 12) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 8. 17-0379 Second Reading Ordinance - Lease Agreement with Nueces County Corpus Christi Page 4 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 Community Action Agency for Birth-to-Five Head Start Program City-Owned Properties (1st Reading 3/28/17) (28 day delay required) Ordinance authorizing the City Manager or designee to execute a ten year lease, with an option to renew for 10 years, with Nueces County Community Action Agency (NCCAA) for eight real and personal properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties; and providing for publication. Attachments: Agenda Memo NCCAA Lease Odinance-2017 NCCAA Lease EXHIBIT A NCCAA Lease Ordinance 2017 NCCAA Lease Agreement for Head Start Programs Lease Agreement Request Photos of Head Start Centers 9. 17-0476 Second Reading Ordinance -Accepting and appropriating donations for the dog park at Bayshore park (1st Reading 4/18/17) Ordinance authorizing the City Manager or designee to execute a donation agreement with the Coastal Bend Community Foundation and accept$51,000 in donated funds from the Coastal Bend Community Foundation; authorizing the City Manager or designee to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept $75,000 in donated funds from the Vishal Raju Bhagat Foundation; appropriating $126,000 in the No. 4720 Community Enrichment Fund for construction of a dog park at Bayshore Park; and naming the dog park the "Vishal Bhagat Dog Park." Attachments: Agenda Memo- Dog Park Donation for Bayshore Park Ordinance - Dog Park Donation for Bayshore Park Gift Agreement-City of CC and Coastal Bend Community Foundation Donation and Naming Rights Agreement- Dog Park-Vishal Bhagat Foundation 2017 0112 Bayshore Dog Park Prelim Boards (2) 10. 17-0378 Construction Contract for Yorktown Boulevard from Everhart Road to Staples Street(Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LLC dba Bay, Ltd of Corpus Christi, Texas in the amount of$8,838,277 for Yorktown Boulevard from Everhart Road to Staples Street for Base Bid Part 2 and to execute a construction materials testing agreement with Rock Engineering and Corpus Christi Page 5 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 Testing Laboratory, Inc. in the amount of$99,071 for Yorktown Boulevard from Everhart Road to Staples Street. (Bond 2014 Proposition 1) Attachments: Agenda Memo Yorktown Prosect Budget Yorktown Location Map Yorktown Road Everhart to Staples Yorktown - Informal Staff Report Presentation -Yorktown Road Recommendation Letter Yorktown Yorktown Testing agreement Form 1295 Bay Ltd for Yorktown Blvd E13096 Form 1295 Rock for Yorktown 11. 17-0489 Second Reading Ordinance -Approving the Amendments to the Tax Increment Reinvestment Zone Number Two Amended Project & Financing Plans (1st Reading 4/18/17) Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project and Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas on July 22, 2014, February 21, 2017, and March 7, 2017, regarding Packery Channel monitoring and improvements, and updated information on other Packery Channel projects; Attachments: Agenda memo Ordinance TIRZ 2 Prosect Plan 4.12.17 Exhibit#1 as Amended -TIRZ#2 Prosect Plan 4.18.17 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H -Engineering Projects Exhibit I - 1111 North Padres Island TIRZ2 Budget TIRZ Balance Sheet&Income Statement 11.30.2016 12. 17-0464 Resolution of Support for the City of Corpus Christi Application for State Water Implementation Fund for Texas Corpus Christi Page 6 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 Resolution requesting financial assistance from the Texas Water Development Board for payment of costs of studying, evaluating, determining feasibility of, and undertaking preliminary design work relating to a Seawater Desalination Project; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from the State Water Implementation Fund for Texas; and other matters in connection therewith. Attachments: Agenda Memo- Resolution SWIFT Resolution -TWDB Final O. FIRST READING ORDINANCES: (ITEMS 13 - 17) 13. 17-0325 First Reading Ordinance -Amending City Code to modify the Auto Wrecker Ordinance and appropriating funds related to said modifications Ordinance amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle administrative fee of$20 per vehicle and by requiring notification for private property tows; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, for penalty and for publication. Attachments: Agenda memo-wrecker ordinance 03.21.2017 Ordinance -Wrecker amendment 2017 (3) 14. 17-0506 First Reading Ordinance -Accepting and appropriating grant funds for the Houston High Intensity Drug Trafficking Area (HIDTA) program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime in an effort to eradicate the synthetic cannabinoid epidemic; and appropriating the $20,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo HIDTA subaward 04.25.2017 Ordinance - HIDTA subaward 2017- Police Journal ID#53889 CCPD Kush Push 15. 17-0468 First Reading Ordinance -Amending the City Code to update the Corpus Christi Page 7 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 Hazardous Substance Pipeline Ordinance Ordinance amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEM; and providing for severance, publication, penalty, and an effective date. Attachments: Agenda Memo- Hazardous Substance Pipeline Ordinance - Hazardous Substance Pipeline 16. 17-0472 First Reading Ordinance -Approval of agreement and appropriating funds for developer for the construction of wastewater collection line extension located south of Holly Road and east of Rodd Field Road Ordinance authorizing city manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $14,724.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo Sandy Creek Townhomes Ordinance Sanitary Sewer Coll Line Agmt Sandy Creek Townhomes with attach Location Maps-Sandy Creek Townhomes 17. 17-0490 First Reading Ordinance - Exemption from the sanitary sewer infrastructure construction and wastewater lot and acreage fees for Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road. Ordinance exempting Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo- Don Patricio, Block G Lot 1R Exec Summary Memo REV 0413 Ordinance with attachments-Don Patricio Location Maps - Don Patricio P. FUTURE AGENDA ITEMS: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Q. BRIEFINGS: (ITEMS 18 - 19) Briefing information will be provided to the City Council during the Council meeting. Corpus Christi Page 8 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 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. 18. 17-0484 Hotel Occupancy Tax (HOT) Attachments: Agenda Memo- Presentation HOT Fund Presentation- HOT April 18, 2017 19. 17-0465 Area Development Plan-Work Program Attachments: Agenda Memo-Area Development Plan Work Program Presentation- ADP Sequencing R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. EXECUTIVE SESSION: (ITEMS 20 -21) 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. 20. 17-0471 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to industrial districts and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to 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). 21. 17-0518 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential participation in AEP Texas Central Company rate case regarding application for Distribution Cost Recovery Factor at Texas Public Utility Commission. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. Corpus Christi Page 9 Printed on 4/24/2017 City Council Meeting Agenda-Final April 25,2017 U. ADJOURNMENT Corpus Christi Page 10 Printed on 4/24/2017 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday,April 18,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Rubio called the meeting to order at 11:31 a.m. B. Invocation to be given by Chaplain Lynne Blackler, Christus Spohn Health System. Chaplain Lynne Blackler gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mia Garcia, Foy H. Moody High School, National Honor Society. Ms. Mia Garcia 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. Mayor Pro Tem Rubio announced that Council Member Vaughn was absent due to a death in her family. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Corpus Christi Page 1 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Present: 7- Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Joe McComb,Council Member Ben Molina,Council Member Lucy Rubio, and Council Member Greg Smith Absent: 1 - Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring April 2017, "Lions Club International Centennial Celebration Month". Commendation presentation to Coach James McMinn, Flour Bluff Girls Basketball Coach. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Pro Tem Rubio presented a proclamation, a commendation and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor Pro Tem Rubio deviated from the agenda and referred to comments from the comment. Scott Leeton, 3122 Leopard, provided statistics comparing the average number of police officers to population and the increasing calls for service and requested consideration to increase the number of police officers. Susie Luna Saldana, 4710 Hakel,spoke regarding Manuel Q. Salinas Park and expressed disappointment in the size of the park;the lack of parking spaces; and availability of playground equipment for handicapped individuals. Shirley Thornton, 1917 Woodcrest, acknowledged the success of Flour Bluff coach James McMinn and his girls basketball team and thanked the City for their willingness to work with the Flour Bluff Citizens Council. Abel Alonzo, 1701 Thames,thanked the City Manager,staff, Police Chief Mike Markle and Fire Chief Robert Rocha for their support for the 4th Annual I Believe in Me Foundation's Walk, Run and Roll event to raise awareness about gangs, drugs, and violence in Corpus Christi.Johnny Stobbs, 6014 Ayers Street, provided statistics on firefighter staffing and requested that the City Council consider budgeting any realized savings or growth in revenue to the Fire Department. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Corpus Christi Page 2 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Mayor Pro Tem Rubio deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) City Manager Rose acknowledged the Management and Budget Department for being honored by the Government Finance Officers Association (GFOA)as the recipient of the distinguished Budget Presentation Award for the 2016-2017 Budget. Ms. Rose recognized current Director of Management and Budget Eddie Houlihan, Capital Budget Officer Christina Garza,former Budget Supervisor Reba George, Budget Analyst II Kamil Tara, Senior Management Analyst Belinda Balderas, Budget Analyst II Grayson Meyer, and Budget Analyst II Steve Kirsch.2)City Manager Rose announced an upcoming event to promote community engagement, City Hall in the Mall,scheduled for May 20, 2017 from 11:00 a.m.to 6:00 p.m. at La Palmera Mall. G. MINUTES: 2. Regular Meeting of April 11, 2017 and the Workshop of March 22, 2017. Mayor Pro Tem Rubio referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 11) Approval of the Consent Agenda Mayor Pro Tem Rubio referred to the Consent Agenda. There were no comments from the public.A council member requested that Item 3 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member McComb,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 4. Second Reading Ordinance - Rezoning property located at 1744 Rand Morgan Road (FM 2292) (1st Reading 4/11/17) Corpus Christi Page 3 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Case No. 0217-01 Carlos and Rhonda Garcia: : A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. The property to be rezoned is described as a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas, located on the east side of Rand Morgan Road, between Good-Night Loving Trail and McNorton Road. Planninq Commission and Staff Recommendation (February 9, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Carlos and Rhonda Garcia ("Owner"), by changing the UDC Zoning Map in reference to a 1.615 acre tract out of the original 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also being known as the F.J. Picha Tract, Corpus Christi, Nueces County, Texas from the "FR" Farm Rural to the "RE" Residential Estate 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: 031115 5. Second Reading Ordinance - Rezoning property located at 522 South Padre Island Drive (State Highway 358) (1st Reading 4/11/17) Case No. 0317-01 Estate of W.R. Durrill: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property to be rezoned is described as being 1.823 acres out of 100 South Padre, Block 3, Lot 62, located on the north side of South Padre Island Drive (State Highway 358) between Investment Boulevard and Old Brownsville Road. Planning Commission and Staff Recommendation (March 8, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by the Estate of W.R. Durrill ("Owner"), by changing the UDC Zoning Map in reference to a 1.823 acres out of 100 South Padre, Block 3, Lot 62, from the "IL" Light Industrial to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and Corpus Christi Page 4 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031116 6. Second Reading Ordinance - Urban Transportation Plan Amendment - Deletion of proposed Coverdale Street (Widgeon Drive) extension between the proposed County Road 52 extension and Starlite Lane (1st Reading 4/11/17) Ordinance amending the Urban Transportation Plan Map, of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting the proposed extension of Coverdale Street (Widgeon Drive) between the proposed extension of County Road 52 and Starlite Lane; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031117 7. Second Reading Ordinance -Accepting and appropriating grant funds for the Internet Crimes Against Children (ICAC) program within the Police Department (1st Reading 4/11/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of$10,150.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,150.00 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031118 8. Second Reading Ordinance -Accepting and appropriating Grant funds for the Homeland Security Grant Program (HSGP) (1st Reading 4/11/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept 4 grants totaling $280,108.79 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities; and appropriating $280,108.79 from the Texas Office of the Governor- Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grant Fund to carry out homeland security projects. This Ordinance was passed on second reading on the consent agenda. Corpus Christi Page 5 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Enactment No: 031119 9. Second Reading Ordinance -Accepting and appropriating Insurance Claim Payments for Golf Fund (1st Reading 4/11/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $95,734.24 received from insurance claim payments in the No. 4691, golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures by $95,734.24 each. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031120 10. Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located east of Waldron Road and south of Don Patricio Road (1st Reading 4/11/17) Ordinance exempting Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, located east of Waldron Road and south of Don Patricio Road, from the payment of the Wastewater Lot/Acreage Fees Under Section 8.5.2.G.1 of The Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031121 11. Second Reading Ordinance - Closing portions of two utility easements at the Del Mar College East Campus, located at 101 Baldwin Blvd. (1st Reading 4/11/17) Ordinance abandoning and vacating portions of two existing utility easements, 0.237-acre portion of an existing utility easement and 0.390-acre portion of an existing utility easement out of a part of Del Mar College East Campus, Block 1, Lot 1, located at 101 Baldwin Blvd. and requiring the owner, Del Mar College, to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031122 3. Supply Agreement for solar portable restrooms at Packery Channel for Beach Operations Resolution authorizing the City Manager, or designee, to execute a Corpus Christi Page 6 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 supply agreement with A.M.S. Global, Inc., of DeKalb, Texas, to furnish solar portable restrooms at Packery Channel for Beach Operations in an amount not to exceed $302,668.00, with funding available in the FY2016-2017 Tax Increment Reinvestment Zone #2 Fund. Mayor Pro Tem Rubio referred to Item 3,solar portable restrooms at Packery Channel.A council member thanked staff for their hard work on reducing the cost of this project. Council Member Smith made a motion to approve the resolution,seconded by Council Member Garza. This Resolution was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: 031114 M. PUBLIC HEARINGS: (ITEM 12) 12. Public Hearing and First Reading Ordinance - Rezoning property located at 4325 South Padre Island Drive (State Highway 358) Case No. 0317-05 Vishal Hotel, LP: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property to be rezoned is described as Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. Planning Commission and Staff Recommendation (March 22, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Vishal Hotel, LP ("Owner"), by changing the UDC Zoning Map in reference to Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Rubio referred to Item 12. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow development of a hotel. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Corpus Christi Page 7 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Mayor Pro Tem Rubio opened the public hearing. There were no comments from the Council or the public. Mayor Pro Tem Rubio closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 13 - 14) 13. Service Agreement for Emergency Medical Services (EMS) Billing and Collection Services Motion authorizing the City Manager or designee to execute a service agreement with Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation of Fort Lauderdale, Florida for Emergency Medical Services "EMS" Billing and Collection Services in accordance with Request for Proposal No. 984, based on best value with a not-to-exceed amount totaling $9,351,660.00. The contract not-to-exceed amount is the possible amount based on a 100% collection rate, and does not include the potential revenue that will be owed to the City. The current collection rate in 2015 was 36.95%, and in 2016 it was 39%. The recommended contractor has outlined a program to increase the collection rate. The term of the contract will be for three years with up to two additional one year extension option periods. Mayor Pro Tem Rubio referred to Item 13. Fire Chief Robert Rocha stated that the purpose of this item is to execute a service agreement with Advanced Data Processing, Inc., a subsidiary of Intermedix Corporation for Emergency Medical Services (EMS) Billing and Collection Services. There were no comments from the public. Council members and staff discussed the following topics: exploring the capability of in-house billing in the future; additional revenue generated being allocated to the Fire Department and discussion on this issue during the upcoming budget workshop; a list of cities using Intermedix Corporation and comparable cities where Intermedix Corporation has collected 50%of billing; participation in the Texas Ambulance Supplemental Payment Program;the cost to provide services versus revenue generated by the Fire Department; addressing calls for non-emergency situations; and the Community Paramedic Program. Council Member Garza made a motion to approve the motion, seconded by Corpus Christi Page 8 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Council Member Molina. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: M2017-055 14. Approval for Amendments to Construction Inspection Staff Support Contracts (Council Priority -Streets) Motion authorizing City Manager, or designee, to execute amendments for twelve Construction Inspection Staffing Contracts totaling $1,530,435.50 for providing Construction Inspection Staff Support within the Engineering Services Department. Mayor Pro Tem Rubio referred to Item 14. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute amendments for twelve construction inspection staffing contracts for support services within the Engineering Services Department. There were no comments from the public. Council members and staff discussed the following topics: correction of the agenda memorandum's background and findings to change the name of Time Warner to Spectrum; the inspector's vehicle, computer, phone, personal safety equipment and miscellaneous expenses are included in the cost of the construction inspection contract and will not be provided by the City;the current number of in-house inspectors and vacant positions; the process for actively pursuing recruitment of the construction inspector positions; the number of jobs/assignments each contractor will be responsible for inspecting; the ability to revisit the cost of the contracts with contractors;the procurement process;the ability to terminate a contract; and the ability to use junior-level inspectors that can partner with more experienced inspectors. Council Member Garza made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 6- Council Member Garza, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Guajardo Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: M2017-056 O. FIRST READING ORDINANCES: (ITEM 15) Corpus Christi Page 9 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 15. First Reading Ordinance -Accepting and appropriating donations for the dog park at Bayshore park Ordinance authorizing the City Manager or designee to execute a donation agreement with the Coastal Bend Community Foundation and accept $51,000 in donated funds from the Coastal Bend Community Foundation; authorizing the City Manager or designee to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept $75,000 in donated funds from the Vishal Raju Bhagat Foundation; appropriating $126,000 in the No. 4720 Community Enrichment Fund for construction of a dog park at Bayshore Park; and naming the dog park the "Vishal Bhagat Dog Park." Mayor Pro Tem Rubio referred to Item 15. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept two donations from the Coastal Bend Community Foundation and the Vishal Raju Bhagat Foundation for the construction of the dog park at Bayshore Park and to approve the naming of the dog park as Vishal Bhagat Dog Park. Mr. Ellington presented design renderings of the park. There were no comments from the public. Council members and staff discussed the following topics:separation of large and small dogs in the park; appreciation to the donors; maintenance of the dog park;the height of the perimeter fence; and the requirement to comply with ordinances pertaining to leashes and tags on dogs. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 L. RECESS FOR LUNCH Mayor Pro Tem Rubio called for a recess at 1:28 p.m. Mayor Pro Tem Rubio reconvened the Council meeting at 2:05 p.m. Q BRIEFINGS: (ITEM 25) 25. North Beach Redevelopment Initiative Mayor Pro Tem Rubio deviated from the agenda and referred to Item 25. Assistant Director of Planning &ESI Daniel McGinn stated that the purpose of this item is to provide an update on the North Beach Redevelopment Initiative. Mr. McGinn introduced the presentation team including: Senior City Planner Corpus Christi Page 10 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Keren Costanzo and Gateway Planning representatives Kelsey Berry and Scott Polikov. The presentation team provided the following information:the vision for North Beach; public engagement;feedback from stakeholders; the alternatives for a revised vision of North Beach; key areas to address including:eco-tourism,the beachfront, and entertainment destination; and the draft overall vision. Next steps include: gathering community feedback;finalizing the illustrative and 3D model; and identifying potential future capital improvement program projects. Council members and the presentation team discussed the following: upcoming stakeholder meetings; location of entry and access ramps; the timeframe for addressing street maintenance projects;timing of local projects and prioritization;traffic flow discussions with stakeholders; visitors' experience on North Beach; parking options;focusing on the beach as a major destination; safety concerns with the Beach Avenue exit;the timeframe for the project to become a reality; and infrastructure being a critical component to achieve the plan. O. FIRST READING ORDINANCES: (ITEMS 16 - 19) 16. First Reading Ordinance - Rebranding of Bayshore Park Development to The Water's Edge and adding "Veterans' Memorial" to Sherrill Park Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park". Mayor Pro Tem Rubio referred to Item 16. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to name and rebrand Bayshore Park to, "The Water's Edge", and to rename Sherrill Park, "Sherrill Veterans' Memorial Park". This action was passed and approved by the Park and Recreation Advisory Committee on March 8,2017. Mr. Ellington presented the following information:the work performed by the Bayshore Park Taskforce; rebranding efforts; review of parks and businesses in and near the area; renaming considerations;the preliminary art for logos; Sherrill Park stakeholder discussions; and recommendations. Task Force member Paulette Kluge was available to respond to questions. Mayor Pro Tem Rubio called for comments from the public. Cliff Schlabach, 122 Whiteley,spoke in support of the name change. Council members discussed the following topics:support for the renaming; possible confusion of the name"The Water's Edge"with a subdivision of the same name and whether the Task Force received permission from developer; the definition of a veteran;the cost for the rebranding efforts; management of Bayshore Park; and negative feedback received regarding the names Bayshore Park and Bayfront. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and Corpus Christi Page 11 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 17. First Reading Ordinance - One-way traffic flow along Rancho Vista Boulevard, between Yorktown Boulevard and future extension of Oso Parkway Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. Mayor Pro Tem Rubio referred to Item 17, one-way traffic flow along Rancho Vista Boulevard. City Manager Margie C. Rose stated that this item is being withdrawn by staff. 18. First Reading Ordinance - Establishing a school zone for Tuloso-Midway High School Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V - Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. Mayor Pro Tem Rubio referred to Item 18. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinances, Section 53-254,to decrease state law maximum speed by establishing a school speed zone for Tuloso-Midway High School along McKinzie Road. There were no comments from the public. In response to a council member, Ms. Gray stated that the length of the school zone is approximately 600 feet. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 19. First Reading Ordinance -Approving the Amendments to the Tax Corpus Christi Page 12 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Increment Reinvestment Zone Number Two Amended Project & Financing Plans Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project and Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas on July 22, 2014, February 21, 2017, and March 7, 2017, regarding Packery Channel monitoring and improvements, and updated information on other Packery Channel projects; Mayor Pro Tem Rubio referred to Item 19. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve an amendment to the Tax Increment Reinvestment Zone#2 Project and Financing Plans to incorporate changes approved by the Board of Directors of Reinvestment Zone Number Two on July 22, 2014, February 21,2017, and March 7,2017. The amendments including updating information on Packery Channel and Packery Channel monitoring. The action does not include the Park Road 22 Bridge. Mayor Pro Tem Rubio called for comments from the public. Cliff Schlabach, 122 Whiteley,spoke in support of moving forward with amenities at Packery Channel and the monitoring program. Council Member Smith made a motion to amend the Project and Financing Plan, Page 4 of 9, by deleting the language "with a yearly increase of 3%" regarding operation of a marine patrol and eliminating the entire section related to administrative functions of Packery Channel,seconded by Council Member Garza and passed unanimously. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Smith. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 20 - 23) Mayor Pro Tem Rubio referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had a planned presentation on Item 22. A council member requested information on Item 23. 20. Purchase and installation of playground equipment at West Haven Park Motion approving the purchase and installation of playground equipment at West Haven Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed Corpus Christi Page 13 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 $83,200.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. This Motion was recommended to the consent agenda. 21. Resolution authorizing Interlocal Agreement with West Oso ISD for West Haven Park Maintenance Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive. This Resolution was recommended to the consent agenda. 22. Construction Contract for Yorktown Boulevard from Everhart Road to Staples Street (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LLC dba Bay, Ltd of Corpus Christi, Texas in the amount of$8,838,277 for Yorktown Boulevard from Everhart Road to Staples Street for Base Bid Part 2 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of$99,071 for Yorktown Boulevard from Everhart Road to Staples Street. (Bond 2014 Proposition 1) MOTION OF DIRECTION Council Member Garza made a motion directing the City Manager to bring back alternatives to remove the bike lanes and award concrete alternate with cost implications by next week's City Council meeting,seconded by Council Member Guajardo and passed unanimously. This Motion was recommended to the regular agenda. 23. Resolution of Support for the City of Corpus Christi Application for State Water Implementation Fund for Texas Resolution requesting financial assistance from the Texas Water Development Board for payment of costs of studying, evaluating, determining feasibility of, and undertaking preliminary design work relating to a Seawater Desalination Project; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from the State Water Implementation Fund for Texas; and other matters in connection therewith. This Resolution was recommended to the regular agenda. Corpus Christi Page 14 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Q. BRIEFINGS: (ITEM 24) 24. Utility Department Water Meter Program Mayor Pro Tem Rubio referred to Item 24. Interim Executive Director of Water Utilities Dan Grimsbo stated that the purpose of this item is to provide an overview of the Utilities Department's Water Meter Program. Mr. Grimsbo presented the following information:the objectives of the presentation;the components of the automatic meter reading system and how information is transmitted;the meter transmission units; STAR database;examples of meter readings for constant consumption and sprinkler systems; distribution meter statistics;the types of meters and uses including: positive displacement meter, turbine meter, and compound meter; and registers.Assistant Director of Water Utilities Wes Nebgen was available to respond to questions. Council members and staff discussed the following topics:whether staff evaluated the purchase of meter readers with backflow preventers; proactive monitoring of data to detect leaks in the system; and the life expectancy of meters. R. LEGISLATIVE UPDATE: None. S. EXECUTIVE SESSION: (ITEMS 26 - 27) Mayor Pro Tem Rubio referred to the day's executive sessions. The Council went into executive session at 4:19 p.m. The Council returned from executive session at 4:51 p.m. 26. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues (including TCEQ and EPA regulations) related to the provision of utility services in industrial districts, desalination, reuse, utility rate design, and water and wastewater treatment and distribution and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to 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 withdrawn. 27. 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 the purchase, exchange, lease, or value of real property at or in the vicinity of Island Gate Plaza or legal actions related thereto and pursuant to Texas Corpus Christi Page 15 Printed on 4/21/2017 City Council Meeting Minutes April 18,2017 Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property at or in the vicinity of Island Gate Plaza) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor Pro Tem Rubio referred to Identifying Council Future Agenda Items. MOTION OF DIRECTION Council Member Garza made a motion directing the City Manager to provide an update on water quality issues and the status of work recommended by the Water Task Force,seconded by Council Member Hunter and passed unanimously. U. ADJOURNMENT The meeting was adjourned at 4:55 p.m. Corpus Christi Page 16 Printed on 4/21/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Thursday,April 13,2017 3:00 PM 1201 Leopard Street Basement Training Room Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Lucy Rubio called the meeting to order at 3:00 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Assistant City Secretary Paul Pierce called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Present 8- Council Member Carolyn Vaughn, Council Member Lucy Rubio, Council Member Rudy Garza Jr., Council Member Michael Hunter, Council Member Greg Smith, Council Member Paulette Guajardo, Council Member Joe McComb, and Council Member Ben Molina C. BRIEFINGS TO CITY COUNCIL: 1. City-County Health District and Desalination/Water Supply Mayor Pro Tem Lucy Rubio referred to Item 1. City Manager Margie C. Rose presented information on the following topics regarding the City-County Health District: City Council's request, in May/June 2015,that the City Manager evaluate the Memorandum of Understanding between the City and County; concerns about the Public Health Director reporting to two entities; and that the evaluation has yielded the following options: Option 1 -No change, leave organization as is; Option 2- Move everything to County; Option 3 -Move everything to City; Option 4-Create an Administrative Health Board. City Manager Rose referenced the associated costs and pros and cons of each option. Corpus Christi Page 1 Printed on 4/21/2017 City Council Workshop Session Meeting Minutes April 13,2017 City Manager Rose stated that Nueces County and City staff favor Option 1 and discussed additional funding and staffing to be provided by Nueces County. City Manager Rose introduced the Desalination/Water Supply item and Assistant City Manager Mark Van Vleck,who introduced the presenter, Executive Director of Port Industries of Corpus Christi Bob Paulison. Mr. Paulison presented information on the following topics: industry requires a non-interruptible water supply,for which many are willing to pay a nominal premium;seawater desalination is a viable option;timing is critical;the importance of moving forward with planning activities so the project will be ready to go when the time is right; interest in seawater desalination in relation to prolonged periods of drought and increased economic activity; water rationing or curtailment; concern regarding the available water supply; diversifying and strengthening the region's water supply;the history of desalination study work; the study partners; guiding principles;scoping the study; that the original concept was industrial desalination; engineering/technical and implementation/financial study objectives;study organization; analysis and costing strategy;what the study determined;siting factors; configurations developed/assessed;water delivery; current concept; the Local Government Corporation concept; preliminary cost estimates based on preliminary data; cost allocation approach using blended cost; blended cost of water as a function of demand; next steps; and getting the project, "trigger ready". Council members,staff and Mr. Paulison discussed the following topics: current and projected demand for water; alternative strategies to desalination and their costs; lead times for various strategies;treatment,transmission and raw water cost considerations; achieving non-curtailment;the number of desalination plants needed given different scenarios;the percentage that desalinated water is expected to be as compared to water from other sources; policy-level discussions regarding the Local Government Corporation concept; moving forward with the State Water Implementation Fund for Texas (SWIFT) application; projected demand for water;supply versus demand considering re-use; that the SWIFT loan is deferred for 8 years at zero percent interest and no premium payment, unless a project comes online;who pays for the loan if the desalination plant is not built; the variable salinity study versus the desalination study;that a variable salinity pilot is required if the water is to be used for drinking water;the state's requirement to pilot technologies if desalinated water is connected to the City's potable water supply;that a pilot is not required if desalinated water is produced solely for industrial use; entities suggested to be part of the Local Government Corporation; looking at cost and availability of groundwater; and developing future non-surface supplies of water. Port of Corpus Christi Authority(POCCA)Commissioner Richard Bowers, speaking for himself,stated that: the POCCA is willing to aid in the creation of additional water for our community, including committing money and engineering resources and the next step should be to permit a desalination plant. City Manager Rose stated that the SWIFT application is due by the end of April 2017. Corpus Christi Page 2 Printed on 4/21/2017 City Council Workshop Session Meeting Minutes April 13,2017 MOTION OF DIRECTION Council Member Greg Smith made a motion of direction directing the City Manager to proceed with the State Water Implementation Fund for Texas (SWIFT)funding application for seawater desalination,seconded by Council Member Michael Hunter and passed unanimously. MOTION OF DIRECTION Council Member Greg Smith made a motion of direction directing the City Manager to begin discussions, at the policy level,with the Port of Corpus Christi Authority and the San Patricio Municipal Water District for the feasibility of creating a Local Government Corporation for developing future non-surface water supplies, seconded by Council Member Vaughn and passed unanimously. MOTION OF DIRECTION Council Member Greg Smith made a motion of direction directing the City Manager to begin looking into providing non-curtailment water contract options to industry as expeditiously as possible,seconded by Council Member Joe McComb and passed unanimously. D. ADJOURNMENT The meeting was adjourned at 5:05 p.m. Corpus Christi Page 3 Printed on 4/21/2017 se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 NCORROP pEO 1852 Action Item for the City Council Meeting of April 25, 2017 DATE: April 18, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a-).cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a�cctexas.com (361) 826-3169 Purchase and Installation of Playground Equipment at West Haven Park CAPTION: Motion approving the purchase and installation of playground equipment at West Haven Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $83,200.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. PURPOSE: This item is to approve the purchase and installation of playground equipment at West Haven Park. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department and Nueces County partnered to improve West Haven Park, located at 1700 Cliff Moss Dr. Phase 1 of these improvements included a walking trail, exercise equipment, pavilion and an improved grass playing field with irrigation completed by Nueces County. This playground will be Phase 2 of this project, which the City is responsible to complete within one year of Phase 1 as laid out in the interlocal agreement with Nueces County approved by City Council on March 29, 2016 by agenda File #16-0264. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Park & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $287,773.28 $0.00 $287,773.28 Encumbered / Expended Amount $42,192.19 $0.00 $42,192.19 This item $83,200.00 $0.00 $83,200.00 BALANCE $162,381.09 $0.00 $162,381.09 Fund(s): General and Community Enrichment Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Form 1295 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PLAYGROUND EQUIPMENT BUYER: ROBERTA ORTIZ AND INSTALLATION AT WEST HAVEN TLGPC CONTRACT 512-16 PARK PLACE RECREATION DESIGNS, INC. SAN ANTONIO, TX UNIT EXTENDED ITEMI DESCRIPTION QTY. UNIT PRICE PRICE 1. Alta Glide, Freestanding 1 EA $14,100.00 $14,100.00 2. Ramp, ground to 1'deck with posts 1 EA $3,756.00 $3,756.00 3. Buddy Rocker 1 EA $6,115.00 $6,115.00 4. 1 Groove Slide 1 EA $3,273.00 $3,273.00 5. Accelerator Swing 1 EA $6,915.00 $6,915.00 Concrete Slab with integral sidewalk and fluctuation ramp at wood fiber 6. lapprox 1,915 sq ft 1 EA $16,928.00 $16,928.00 Flexiturf rubber Poured in Place 7. Surfacing, approx 1,750 sq ft 1 EA $24,806.00 $24,806.00 8. Installation 1 EA $9,440.00 $9,440.00 9. Payment Bond Fee 1 EA $1,340.00 $1,340.00 10. Freight 1 EA $2,891.00 $2,891.00 11. BuyBoard Contract 512-16 Discount 1 EA $6,364.00 $6,364.00 Total Price $83,200.00 SC G� Off' H v SERVICE AGREEMENT NO. 45443 N�QRPORAI'�� 1852 PLAYGROUND EQUIPMENT AND INSTALLATION AT WEST HAVEN PARK THIS Playground Equipment and Installation at West Haven Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Park Place Recreation Designs, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Playground Equipment and Installation at West Haven Park in response to Request for Bid/Proposal No. N/ A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Playground Equipment and Installation at West Haven Park ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for six months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $83,200.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, City of Corpus Christi Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Park and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Park and Recreation Superintendant Address: 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361 ) 826-3174 IF TO CONTRACTOR: Park Place Recreation Designs, Inc. Attn: Michael Carlyon Project Manager P.O. Box 18186, San Antonio, Texas 78218s Fax: (210) 832-0115 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTOR Signature: Printed Name: Madl n Ahrens Vice President Title: Date: -q- CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Attachment A: Scope of Work Scope of Work Installation of playground equipment and poured-in-place fall zone area at West Haven Park: 1 ) Installation of playground will include (a) Line location (b)Grading for base installation for pour in place surfacing (c) Installation of playground per manufactures instructions 2) Installation of a 1 ,915 sq ft concrete slab at 4' thick including (a) all material and work to complete forming for concrete pad (b) all material and work to complete reinforcing with wire mesh (c) all material and work to complete placement and finishing of concrete 3) Installation of approximately 1 ,750 sq ft at required depth per fall height of one poured in place rubber pad including (a) all material and work to complete mixing of bonding agent and rubber surfacing (b) all material and work to complete placement of pour in place rubber pad 4) All material and work to complete clean up All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule Date: April 5,2417 Customer: City of Corpus Christi Parks and Recreation Project: Westhaven Park Inclusive sensory Play Equipment PARK PLACE ffEMDES P7K)N QTY UNIT PRICE TOTAL PRICE RECREATI(MDE Alta Glide,Freestanding 1 $ 14,194.00 $ 14,100.00 Ramp,ground to 1'deck(aRa glide)with posts 1 3,756-00 3,756-DO Park Place Recreation Buddy Rocker 1 6,115.44 6,115.40 Designs,Inc. Groove Slide 1 3,273.40 3,273-00 OFFICE Accelerator Swing 1 6,915.00 6,915-DO P.O.Box 16186 San Antonio,TX 78218 Concrete slab with integral sidewalk and fluctuation ramp at wood fiber 1 16,928.40 16,928-00 Approx 1,915 sq 11 PHONE FlexTurl Rubber Poured In Place Surfacing, q 844-6260238 approx.1,750 s ft 1 24,806.40 24,806.00 210-821-5878 FAX BuyBoard Discount(6uy8oard Con=cr#512--16) (6,364.00) 210-332-0115 Insta11a1ton 9,440-00 EMAIL Freight 2,691-DO fun(a miracIeyarkp1ace.corn Payment Bond $ 1,340.00 WEB www.rniracleparkplace.corn Subtotal $ 83,200_00 www.the-art-<Yf-plgX.com Tax 0% $ {7x{74 'Does not irrblude rernoval of existing wood fiber or equipment $ 83,E-00 i BDard� 'Pricing is for materialsldelivery Only. Installation is not included unk;ss priced above, Cmcerunpvirmwag 'If not priced above and if required,the following items and associated costsltees will be the responsibility of the customer: Sealed Drawings,Building Permits,PerformanGe Bond,TDLR RegistrauanlReview/lrrspecfions. Approved BupBoand Vendor •Prices are valid for 60 days after which they are subject to change- Any work not specifically mentioned in this proposal Contract#512-16 as being included shall be considered excluded The customerwill be responsible for anytaxes owed- Hark Place Recreation Designs Authorized By: Printed Name Signature Date Page 1 of 1 Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $2,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 5 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Parks and Recreation Park Equipment and Installation 02/27/2017 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4th Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Playground Equipment and Installation at Westhaven Park No.45443 Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $83,200.00 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116- 1 Playground Equipment and Installation at Westhaven Park No.45443 Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Playground Equipment and Installation at Westhaven Park No.45443 Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty Requirements FA FA WARRANTY Buyer agrees that products sold by Miracles Recreation Equipment Company carry only the following warranty: 1. LIMITED ONE HUNDRED (100)YEAR WARRANTY on aluminum deck posts,steel deck posts,the Versaloky'fastening system,and associated fastening hardware against structural failure caused by corrosion or deterioration from exposure to weather,or by defective materials or defective workmanship. 2. LIMITED TWENTY-FIVE(25)YEAR WARRANTY on the performance of Play TerminTM Rubber Crumb Safety Surfacing. 3. LIMITED FIFTEEN (15)YEAR WARRANTY on steel support legs and Mita-Therm Il on KIDS'CHOICE'w,CENTER STAGE".MEGATOWERT",and TOTS CIIOICE'ragainst structural failure caused by corrosion,defective materials,or defective workmanship. 4. LIMITED FIFTEEN (15)YEAR WARRANTY on playsystem steel components including railings,rungs,and rigid climbers against structural failure caused by defective materials or defective workmanship. 5. LIMITED FIFTEEN (15)YEAR WARRANTY on Rockite"'against structural failure caused by defective materials or defective workmanship. 6. LIMITED TEN (10)YEAR WARRANTY on all Play Cover-"steel frames against failure due to corrosion,deterioration,or faulty workmanship. 7. LIMITED EIGHT(8)YEAR WARRANTY on Play Terrain-"Rubber Crumb color steadfast- ness. S. LIMITED FIVE(5)YEAR WARRANTY on all Play Cover-'fabric due to rot,UV deterioration(shades of red are limited to 3 years),or defective workmanship. 9. LIMITED FIVE(5)YEAR WARRANTY on KidroxT"Climbing Rocks and RAINBOW BENDT"and enclosed waterslide fiberglass sections against structural failure caused by defective materials or defective workmanship.Limited one(t)year warranty on all waterslide and pool slide support structures,stairways,landings,and railings against structural failure caused by defective materials or defective workmanship. 10. LIMITED THREE(3)YEAR WARRANTY on Slashproof Seats and 360°Bucket Tot Seats for Swings against structural failure caused by defective materials or defective workmanship. It. LIMITED ONE(1)YEAR WARRANTY on TODDLERS'CI-iOICE°main support materials and decks against structural failure caused by defective materials or defective workmanship. 12. LIMITED ONE(1)YEAR WARRANTY on bleachers against structural failure caused by defective materials or defective workmanship. 13. LIMITED ONE (1) YEAR WARRANTY on all products not listed nbove including all moving parts and flexible climbers against structural failure caused by defective materials or defective workmanship. 14. LIMITED SIX(6)MONTH WARRANTY on sewn fabric components on Early Childhood products. 15. These limited warranties do not include fading of colors(except on Play Cover""and Play Terrain"Rubber Crumb),damage due to excessive wear and tear,vandalism,or negligence. These warranties arc valid only if products arc installed according to manufacturer's installation instructions. 16. All warranties begin on the date of Miracle's invoice.Repaired or replacement part(s)are only warranted for the balance of the original limited warranty. 0700.56 Ren M•Mvdi 2?M Page 1 of 3 Poured-in-Place Warranty FlexiTURF,LLC.All rights reserved.All information contained within subject to change without notice. Owner: Five (5) Year Limited Warranty for Job Number Located at FlexiTURF warranty for a period of Five (5) years commencing from the date of substantial completion date of and the warranty shall expire on . This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of FlexiTURF Poured-in-place surfacing only. This limited warranty includes only FlexiTURF's obligation to repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area/ areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. FlexiTURF is under no obligation or responsibility to repair and/or replace Poured-in- place system due to damage by vandalism, product misuse, abuse or alteration, improper slab or base or sub-base design or construction, improper drainage, improper or lack of maintenance, any foreign residue that may be deposited on the surface, normal wear and tear, damage from sharp objects (high heels, spikes, etc.) or acts of God. All warranty claims shall be made in writing to FlexiTURF within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, and photos of the failed area. FlexiTURF shall then determine the validity of all claims after sufficient evidence has been gathered. FlexiTURF will then notify and schedule a day to replace/repair the system if covered in warranty. Page 2 of 3 Any dispute as to whether and to what extent there is a FlexiTURF Poured-in-place surfacing system failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by a joint investigation and discussion between FlexiTURF and owner in order to achieve a mutually agreeable solution. This Limited warranty covers ONLY the FlexiTURF Poured-in-place system. This limited warranty does NOT include the underlying material (. existing surface, existing or new asphalt, concrete, base, sub-base or sub-grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), A failure in such systems can cause for the failure of FlexiTURF's system. In such cases then FlexiTURF's warranty shall be void. If the underlying material is concrete, a "curing agent" is NOT allowed. Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. Owner agrees that it will not, under any circumstances, make alterations to the FlexiTURF youred-in-place surface without the written authorization of FlexiTURF. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for FlexiTURF surfacing system. As a result of alterations FlexiTURF will not be liable for injuries, defamation, or improper CSPC/ADA guidelines. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the FlexiTURF Maintenance Guidelines. NOTE: The following chemicals can cause potential damage to the FlexiTURF system and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, acids and organic solvents. If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Unless noted otherwise in contract, any damages to the surface during the curing period will be repaired or paid for at the Owner's expense. Owner: Date: FlexiTURF: Date: *By signing, you are stating that you have read and understood all terms and you agree with them. Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1235 10f1 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 form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-189230 Park Place Recreation Designs, Inc. San Antonio,TX United States Date Filed- 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/07/2017 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. Contraci#45443 Playground Equipment&Installation at Westhaven Park 4 ' Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Pavy. ❑ ' X ttiltlN I Ilil�ri 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. '�� AIpf;S Signature of uthorized agent of contracting business entity AFFIX NOTARY 5�'F, �n�t �� BOVE Sworn to and subscribed before me,by the said this the day of 20� ,to certify which,witness my hand and seal of office Sign re of officer admini Bring oath Printed naC df officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 NCORROP pEO 1852 Action Item for the City Council Meeting of April 25, 2017 DATE: March 29, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director JayEll(a�cctexas.com 361-826-3464 Interlocal Agreement with West Oso ISD for West Haven Park Maintenance CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive. PURPOSE: Authorize an interlocal agreement with West Oso ISD to utilize West Haven Park for school related functions and to offer assistance with maintenance of the park. BACKGROUND AND FINDINGS: In March 2016 City Council approved an interlocal agreement with Nueces County. County Commissioner Joe A. Gonzales partnered with the City to make significant improvements to West Haven Park located across the street from the West Oso ISD administrative offices. The improvements include: a walking trail, lighting, exercise equipment, a multipurpose field with associated irrigation upgrades and a new sign for the park. In the agreement with Nueces County the city committed to make a second phase of improvements which include a split-rail fence around the park, improvements to the playground and other improvements. In order to protect the investment without increasing the maintenance burden required by the Parks and Recreation Department, Commissioner Gonzales and Councilwoman Rubio helped bring WOISD to the table to assist with maintenance and offer the park for use during school related functions. This project could not have been possible without this commitment from WOISD. This agreement is the final piece to a three party project demonstrating how government entities can work together and maximize resources available to improve the community. ALTERNATIVES: Do not approve the agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve interlocal agreements EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff Recommends approving the interlocal agreement LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement and associated exhibits Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1 . That, the City Manager or his designee is authorized to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park. A copy of the Interlocal Agreement will be filed with the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn WESTHAVEN PARK AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND WEST OSO INDEPENDENT SCHOOL DISTRICT This Interlocal Cooperation Agreement ("Agreement") is entered into by and between City of Corpus Christi, Texas, a political subdivision of the State of Texas, herein "City" and West Oso Independent School District ("West Oso I.S.D."), an independent school district and political subdivision of the State of Texas, under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas Government Code. WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness, WHEREAS, City owns property located near intersection of Cliff Maus Road at Rockford Road known as Westhaven Park, ("Premises,"); WHEREAS, the City and Nueces County have entered into an interlocal agreement to enhance the Premises with recreational facilities ("Improvements"); WHEREAS, the West Oso I.S.D. desires to use the Premises for its sports and school- related activities,upon completion of the Improvements; WHEREAS, the City desires to promote its public purpose of public recreation and allow West Oso I.S.D. to use the Premises for activities; WHEREAS, the City and West Oso I.S.D. will derive a mutual benefit from this agreement as West Oso I.S.D. will have use of the recreational facilities, City will be relieved of some maintenance activities on the Premises; WHEREAS, the City will continue to be able to use the Premises and related Improvements and the Premises will continue to be available to the public when no West Oso I.S.D. organized activities are scheduled; NOW THEREFORE, the City and West Oso I.S.D., in consideration of the mutual promises and covenants herein, agree as follows: 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Agreement is three (3) years, beginning on the date of the City's delivery of written confirmation of completion of Phase 1 to West Oso I.S.D., unless sooner terminated as set out herein. The Agreement may be extended by mutual agreement of the parties. Page 1 of 8 2. Contact Person/Agreement Administrator. For this Agreement, the contact person and Agreement administrator for the City is the Director of Parks and Recreation or designee, ("Director"). The contact person and Agreement administrator for West Oso I.S.D. is the Superintendent of Schools or designee ("Superintendent"). 3. Premises and Improvements. City agrees to allow West Oso I.S.D. use of the Premises, as described and delineated in Exhibit A, the site map which is attached hereto and incorporated herein to this Agreement by reference, and all improvements ("Improvements") to the Premises including, without limitation, the basketball court, the grassed areas, and also use of future improvements, including but not limited to Phase 1 and Phase 2 Improvements, to be constructed on the Premises as described and delineated in Exhibit A. The parties acknowledge that additional playground equipment will be installed in lieu of the Phase 2 parking areas and that Phase 2 will not include any parking improvements. The City shall ensure that all Improvements are in compliance with law, including the American Disabilities Act, federal, state, and local laws, regulations, orders and ordinances. The City may implement additional changes to Phase 2 Improvements, which will be reviewed with West Oso I.S.D. prior to implementation. The parties acknowledge that the City's completion of the Phase 2 Improvements is subject to the City's annual budgetary process, and its agreement with the County. 4. Consideration. West Oso I.S.D. may use the Premises for sports and school- related activities and must maintain those areas of the Premises as described herein. Maintenance includes: a. During its school year, on the days when school is in session (and excluding school holidays, breaks, and weekends), West Oso I.S.D. shall pick up and properly dispose of litter on a daily basis from the Premises including the parking lots) whenever the Premises are being used by West Oso I.S.D. and weekly during the rest of the school year. West Oso I.S.D. shall pick up and properly dispose of litter immediately after any West Oso I.S.D. scheduled activity. The frequency of West Oso LS.D.'s removal of litter will be reviewed by the school district on a quarterly basis; b. West Oso I.S.D. will report any vandalism identified by West Oso I.S.D. to the Director; c. West Oso I.S.D. will supplement the City's mowing schedule by mowing it while the turf is being established (during the school year) and each March, April, May (until the end of the school year), August (upon the start of the school year), September, and October by mowing every-other- week (alternating to supplement the City's mowing schedule), and as needed as determined by West Oso I.S.D. in November, December, January and February; d. Recommended length of grass in sports fields is three (3) inches in height. The grass in the adjacent viewing/access areas at a safe height recommended not to exceed six (6)inches. Page 2 of 8 5. Duties of City. The City shall have the following duties: a. The City shall maintain the Premises at a Level B status as shown on Exhibit B, providing West Oso I.S.D.,within two weeks of final approval of this Agreement,with a schedule for the alternating supplemental mowing provided by West Oso I.S.D. 6. Joint Use. City retains joint use of the Premises and Improvements during the term of this Agreement, subject to West Oso LS.D.'s right to exclusive control of the Premises during its sports and school-related activities. West Oso I.S.D. will provide the City with a schedule of its scheduled sports and school- related activities on or before August 31st each year. West Oso I.S.D. will not deny access to or use of the Premises or areas of the Premises to the general public for unorganized activities when the Premises or those areas are not being used by West Oso I.S.D. City reserves the right to schedule organized sports activities on the Premises, subject to West Oso LS.D.'s first right of use. West Oso I.S.D. shall provide City through its Director with notice of all West Oso I.S.D. scheduled activities. West Oso I.S.D. school-related sports activities shall take precedence in scheduling. Secondary to West Oso I.S.D. activities, all City scheduled events shall take priority. However, City will endeavor to resolve any scheduling conflicts so as to avoid cancellation/rescheduling of any event. 7. Primary Purpose. West Oso I.S.D. will use and maintain the Premises as a recreational area open to the general public except as set out above with the primary purpose being the youth programs in the form of school-related sports activities. "School-related sports activities" include any school sponsored sports event wherein school faculty and/or employees in their school employment capacity are responsible for or facilitate the sports event. " Any fees charged to sports organizations must be in accordance with Chapter 316 of the Texas Local Government Code, any subsequent amendment thereof. In particular no fees shall be charged to a sports team composed primarily of minors and sponsored and supported by a nonprofit organization for use of the sports fields or basketball court. No fees shall be charged for use of the restroom facility, water for human consumption, or an entrance fee to the Premises. An entrance fee to scheduled West Oso I.S.D. sports games or West Oso school-related sports activities if otherwise allowed by law is permissible. With the exception of the scope of the agreement with West Oso I.S.D., the City will not lease or enter into any agreement for the practice fields' for use by any organization for league games or a tournament. The park will remain a regular public park and open for use by the general public at times of non-use by West Oso I.S.D. 8. Additions and Alterations. a. West Oso I.S.D. shall not make any additions or alterations to the Premises or to any Improvements without the Director's prior written approval. b. All additions or alterations installed by West Oso I.S.D. must be repaired or replaced at West Oso LS.D.'s expense and may be removed by West Oso I.S.D. at the expiration or termination of the Agreement if they may Page 3 of 8 be removed without damaging the Premises or any Improvements. All additions or alterations made by West Oso I.S.D. which are not removed at the expiration or termination of this Agreement become the property of City without necessity of any legal action. 9. Utilities. City shall pay for the utilities to the Premises. 10. aimL a. West Oso I.S.D. must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written consent. b. If Signs are approved, the Director, in writing, may require West Oso I.S.D. to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and West Oso I.S.D. must pay the City's reasonable and costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's cost within (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Alternatively, the City may elect to terminate this Agreement after thirty (30) days written notice to West Oso I.S.D. 11. Advertising. The Director has the right to prohibit any advertising by West Oso I.S.D. which impairs the reputation of the Premises or the City. 12. Insurance. West Oso I.S.D. shall maintain its regular coverage during the time of this Agreement. The City is self insured. 13. Report. West Oso I.S.D. will submit to the City a yearly report detailing its use of the Premises, expenses related to the Premises, and various fees collected. The City will submit to West Oso I.S.D. a yearly report detailing the use of the Premises, expenses related to the Premises, and various fees collected. 14. Non-Discrimination. West Oso I.S.D. shall not discriminate nor permit discrimination against any person or group or persons, as to employment for purposes of this Agreement and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City shall not discriminate nor permit discrimination against any person or group of persons, as to employment for purposes of this Agreement and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. 15. Compliance with Laws. a. West Oso I.S.D. and the City must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. b. All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. Page 4of8 16. Immuni Nothing herein shall be construed as a waiver of the City's or West Oso I.S.D.'s governmental and sovereign immunity, Title 5 of the Texas Civil Practice and Remedies Code, Section 101.051 of the Texas Civil Practice and Remedies Codes as to West Oso I.S.D., and all applicable federal and state law. West Oso I.S.D. is an independent school district organized pursuant to Section 11.011 of the Education Code and as such, is immune from tort actions, except those arising from the use of a motor vehicle in accordance with Section 101.051 of the Texas Civil Practice and Remedies Code. 17. No debts. West Oso I.S.D. shall not incur any debts or obligations on the credit of City during the term of this Agreement. The City shall not incur any debts or obligations on the credit of West Oso I.S.D during the term of this Agreement. 18. Fiscal Funding. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 19. Termination. If there is noncompliance with one or more of the provisions contained herein, the party in compliance shall give the party in noncompliance written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If the party not in compliance does not come into compliance or in substantial compliance with each provision identified by the other party within thirty (30) days of receiving said notice, the Agreement will terminate for cause upon written notice of termination and listing one or more areas of continued noncompliance. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other party. However, any termination by the City is effective only upon conclusion of all of the then-scheduled West Oso I.S.D. use of the Premises. This Agreement shall terminate automatically if Phase 2 Improvements, as detailed in Exhibit A subject to further modification as described herein, are not completed within two years of the substantial completion of Phase 1 Improvements. 20. Notice. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY : City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Corpus Christi, Texas 78401 Page 5 of 8 IF TO WEST OSO I.S.D.: West Oso Independent School District Attn: Superintendent of Schools 5050 Rockford Drive Corpus Christi, Texas 78416 Any party may change the address to which notice is sent by using a method set out above within thirty (30) days after the address is changed. 21. Amendments. No alterations, changes, or modifications of the terms of this Agreement or the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. 22. Waiver. a. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. b. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorized the nonobservance on any other occasion of the same or any other covenant or condition hereof. c. If any action by one party requires the consent or approval of the other party on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. d. Any waiver or indulgence of one party's default of any provision of this Agreement shall not be considered an estoppel against the other party. 23. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, act of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. 24. Assignment. This Agreement may not be assigned, or transferred directly or indirectly. 25. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent Page 6 of 8 jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parities to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the parties. EXECUTED IN DUPLICATE, each of which shall be considered an original, and effective on this the day of 52017. City of Corpus Christi, Texas: Page 7 of 8 West Oso I.S.D. Attest: Name: Name: Title: Title: Page 8 of 8 EXHIBIT A ® PHASE 2 PROPOSED PARKING AREA 15 SPACES' PHASE 1 WITH CONCRETE SIDEWALK N PROPOSED EXERCISE AREA - SCALE 1"-100' (5 STATIONS) PHASE 2 o loo zoo' PROPOSED GAZEBO AND PICNIC TABLES PHASE 2 ® PROPOSED PARKING AREA 20 SPACES ROCKFORD DR WITH CONCRETE SIDEWALK - / a l� P& �\ EXISTING PICNIC TABLE PHASE 1 PROPOSED FRONT SIGN _ -41(k EXISTING BASKETBALL COURT LANDSCAPING iJE;X PHASE 1 - ( PROPOSED CONCRETE BASKETBALL COURT PHASE 1 'ti. �.. ,-r' dEr.' PROPOSED WALKING TRAILS _ 2,400 LF TOTAL �� T Tye a . `-EXISTING COVERED PICNIC TABLE PHASE - PROPOSED ATHLETIC 360'x240' _ a r0,4Nal T R PHASE 2 i >> RENOVATIONS TO EXISTING PLAYGROUND p41 s',Q' I�� Ylyp i I / 1 /yam PHASE�1 - i PROPOSED FIELD LIGHTING (4 TYP.) - . All, I - r / \ -- a. T JUAN A PINENTEL I yfygEw.0584]qR;3/1/18 - ,.moi - Mkv CITY OF CORPUS CHRISTI,TEXAS g;ees�arc„;,ec1s�o,�,o,= WEST HAVEN PARK IMPROVEMENTS PROJECT PHASE 1 & PHASE 2 EXHIBIT CITY OF CORPUS CHRISTI PARKS STANDARDS OF CARE LEVELS CORE DEFINED TASKS GOLD SILVER BRONZE COPPER ZINC BUSINESS LEVEL LEVEL LEVEL LEVEL NATURALAREAS Inspections DAILY DAILY(Mon-Fri) WEEKLY MONTHLY MONTHLY SEASONALLY(Trails, SEASONALLY(Trails, MOW 7 DAY 14 DAY 21 DAY Playgrounds,Picnic Units) Interpretive Center) AERIFY YEARLY YEARLY YEARLY N/A N/A Z W WILDFLOWERS WILDFLOWERS EVERY W SEED/SOD WINTER OVERSEED NONE EVERY OTHER YEAR THIRD YEAR WILDFLOWERS ONCE Q ANNUAL PRE-EMERGE, SELECTIVE GRASS SELECTIVE GRASS Z PEST CONTROL PREVENTIVE SPRAY IPM SPOT TREATMENT IPM SPOT TREATMENT SUPPRESSION IN SUPPRESSION IN Q PROGRAM WILDFLOWER ZONES WILDFLOWER ZONES LL j <6#/1000 sq It DURING <7#/1000 sq It DURING ~ NIMAL FERTILITY GROWING SEASON 50% GROWING SEASON 50% MACRONUTRIENTS N/A N/A WATER INSOLUBLE WATER INSOLUBLE IRRIGATION SMART AUTOMATED AUTOMATED/MANUAL MANUAL N/A N/A LITTER DAILY DAILY(Mon-Fri) BI WEEKLY WEEKLY Public Areas Daily, ® wildscapes by volunteers. 14 < Public Areas Daily, Z RECEPTICLES DAILY DAILY(Mon-Fri) BI WEEKLY WEEKLY wildscepes by volunteers.Co y Q FACILITIES DAILY N/A N/A N/A N/A SHADE TREES Yearly Attention Three Year Rotation Five Year Rotation Ordinance Driven NONE PALMS TWICE YEARLY YEARLY YEARLY EVERY OTHER YEAR NEVER Preventive and Reactive Preventive and Reactive Q PEST CONTROL IPM IPM Reactive Reactive NONE Liquid Foliar Feed, J Time released complete. FERTILITY Complete w/trace QUARTERLY None None NONE O elements,MONTHLY HORTICULTURAL Annuals with 3 rotations. = DISPLAYS Perennials,including Native perennials WILDFLOWERS WILDFLOWERS WILDFLOWERS Tropicals. CARE OF Weekty Monthly None None NONE DISPLAYS GO 0 v AGENDA MEMORANDUM NCORPOFAZEPublic Hearing and First Reading for the City Council Meeting of April 18, 2017 1852 Second Reading for the City Council Meeting of April 25, 2017 DATE: March 29, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 4325 South Padre Island Drive (State Highway 358) CAPTION: Case No. 0317-05 Vishal Hotel, LP: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property to be rezoned is described as Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. PURPOSE: The purpose of this item is to rezone the property to allow development of a hotel. RECOMMENDATION: Planning Commission and Staff Recommendation (March 22, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Vote Results For: 5 Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District for the development of a hotel. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property as commercial. It is Staff's opinion, that the requested rezoning will be consistent with the zoning along South Padre Island Drive (State Highway 358). ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Map and is supported by goals in Plan CC. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital •Not applicable Project to Date Fiscal Year: 2016- Expenditures Current 2017 (CIP only) 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 Vishal Hotel, LP ("Owner"), by changing the UDC Zoning Map in reference to Byron Willis, Block 2-A, Lot I, less a portion to right- of-way, from the "IL" Light Industrial to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Vishal Hotel, LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, March 22, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, and on Tuesday, April 18, 2017, 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 Vishal Hotel, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning to Byron Willis, Block 2-A, Lot I, less a portion of right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway (the "Property"), from the "IL" Light Industrial District to the "CG-2" General Commercial District (Zoning Map No. 045037), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\4-18-2017\Zoning\0317-05 Vishal Hotel, LP\Ordinance_0317- 05_Vishal Hotel, LP.docx Page 2 of 2 Date Created: 3/2/2017 Prepared By: JeremyM Department of Development Services CASE: 0317-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -i 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 CG -1 CG -2 CI CBD CR -3 FR H BP 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 -4.6 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 S LOCATION MAP Exhibit A Aerial Overview Vicinity Map Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 0317-05 Infor No. 17ZN1009 Planning Commission Hearing Date: March 22, 2017 Applicant & Legal Description Applicant/Representative/Owner: Vishal Hotel, LP Location: 3525 South Padre Island Drive (State Highway 358) Legal Description: Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. Zoning Request From: "IL" Light Industrial District To: "CG -2" General Commercial District Area: 1.63 acres Purpose of Request: To allow for the construction of a hotel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Commercial Commercial North Highway Highway Highway South "CG -1" General Commercial Commercial Commercial East "CG -2" General Commercial Commercial Commercial West "IL" Light Industrial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Plan CC Future Land Use map. Map No.: 045037 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 175 feet of street frontage along South Padre Island Drive (State Highway 358) which is designated as a "F1" Freeway/Expressway. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre«F1„ Island Drive (Highway 358) Freeway/Expressway 400' ROW varies paved 250' ROW 225' paved 39,350 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG -2" General Commercial District to allow for the construction of a hotel. Development Plan: The subject property is comprised of 1.63 acres and is proposed to be developed as a hotel. Existing Land Uses & Zoning: The subject property is zoned "IL" Light Industrial. To the north is South Padre Island Drive (State Highway 358). The property to the west has a commercial use of a hotel and is zoned "CG -2" General Commercial District. To the east are two properties zoned "IL" Light Industrial. The two properties consist of Academy Window Coverings and Cracker Barrel Old Country Store, both commercial uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Southside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage compact as opposed to linear form commercial centers to provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways/exits can be designed to serve several businesses and right turns onto major streets can be encouraged. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is compatible with PIanCC and the Southside Area Development Plan. The proposed rezoning is also compatible with neighboring Staff Report Page 3 properties and with the general character of the surrounding area. The potential rezoning would not have a negative impact upon the surrounding businesses. Planning Commission and Staff Recommendation (March 22, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Vote Results: For: 5 Opposed: 0 Absent: 3 a Notification Number of Notices Mailed — 8 within 200' notification area; 5 outside notification area As of March 21, 2017: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-05 Vishal Hotel, LP\Council Documents\0317-05 CC Report Vishal Hotel, LP.docx SUBJECT j PROPERTY CG -2 Dare Created: 311!20171 Prepared By: JeremyM Department of Development Services CASE: 0317-05 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home flSubject Property O Owners w th 200' buffer in favor 4 Owners within 200' listed on Vj Owners attached ownership table A in oppositbn _ R' r� E rimer = City of Corp us LOCATION MAP Christi AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 18, 2017 Second Reading Item for the City Council Meeting of April 25, 2017 DATE: April 10, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Rebranding of Bayshore Park Development to The Water's Edge and adding "Veterans' Memorial" to Sherrill Park CAPTION: Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park" PURPOSE: Approve the name The Water's Edge for the Bayshore Park Development and add the terms "Veterans' Memorial" to Sherrill Park. BACKGROUND AND FINDINGS: In October 2016, the Parks & Recreation Advisory Committee (PRAC) appointed a special task force to review the plans for the Bayshore Park development project. The Task Force is charged with recommending strategies for marketing and activating the park, fee schedules and guidelines for vendors, events and other services, as well as a long-term management/operations of the park. The Task Force consists of the following members: • Paulette Kluge — CVB • Terry Sweeney — DMD • John Longoria — interested resident • John Philipello — Buc Days • Amy McCoy — Buc Days and PRAC member • Doug McBee — Beach to Bay and PRAC member • Al Cantu, Jr. — CCMC4VA (Veterans Committee Chair). Parks & Recreation staff members who participated in the meetings included Stacie Talbert Anaya, Becky Perrin, Joshua Wentworth and Laura Gonzales Jasso. On January 11, 2017 the Bayshore Park Task Force presented recommendations for marketing and activating the park once construction is complete. One of the recommendations included developing a new name for the development that will translate well for marketing efforts and reflect the cultural/geographic significance of the space. The primary name suggested for the development was Water's Edge. If approved, the task force would conduct an outreach campaign to gain consensus on the name and make changes if another viable option floated to the top of the list. PRAC accepted the recommendation and the task force conducted the outreach efforts throughout the months of February and March. Members of the task force met with or made presentations to the following city appointed boards/committee: • Watershore and Beach Advisory Committee • Mayor's Fitness Council • Convention and Visitors Bureau Marketing Committee and Executive Committee • Downtown Management District • Bayshore Park Development Stakeholder meeting • Corpus Christi Mayors Committee for Veterans Affairs (CCMC4VA). The Bayshore Park development stakeholder meeting held with representatives from the veterans groups, Downtown Management District, La Mer condominiums and the Bayshore Park stakeholders group (which included representatives from the Marina Advisory group, the Arts Center, Beach to Bay and the Buccaneer Commission). During the course of the stakeholder meetings it was confirmed that a local developer of a southside development had added a section called Water's Edge. After conversations with the developer and other stakeholders, the task force agreed to add "The" to the recommended name for The Water's Edge to alleviate any confusion. In conversations with representatives from the CCMC4VA group, they were opposed to adding the word "memorial" to any area of the project except for Sherrill Park. Conversations led to the recommendation for renaming Sherrill Park to Sherrill Veterans' Memorial Park. This idea was widely accepted during following stakeholder meetings. Though there were a few suggestions for other names (such as South Beach) the overwhelming majority of stakeholders supported the name The Water's Edge. This name will allow marketing of the development without compromising the names of the existing parks/beaches within the development. McGee Beach, McCaughan Park, Old City Hall Park and Sherrill Veterans' Memorial Park will retain their individual names. The task force made a presentation to the Parks and Recreation Advisory Committee on Wednesday, March 8, 2017 and recommended it pass a resolution recommending City Council name the Bayshore Park development The Water's Edge; and renaming Sherrill Park to be Sherrill Veterans' Memorial Park. PRAC approved the recommendation unanimously. The cost of signage improvements are incorporated into the 2008 Bond Improvements for the development. Once the rebranding effort is approved, the department will begin working with the contractor to develop a signage scheme that incorporates the names. ALTERNATIVES: Do not approve. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This recommendation conforms to the Park Naming Policy. City Council must approve the names of parks via council action. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-17 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: RECOMMENDATION: Pass a resolution recommending City Council name the Bayshore Park development be rebranded as The Water's Edge and adding the terms "Veterans' Memorial" to Sherrill Park making it Sherrill Veterans' Memorial Park. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit The Water's Edge Rebranding Presentation and Exhibit Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park" Whereas, a special task force composed of representatives from the City Parks and Recreation Advisory Committee ("PRAC"), Convention and Visitors Bureau, Downtown Management District, Buc Days, and the CCMC4VA Committee Chair, and other park stakeholders began meeting in October 2016 to review plans for the Bayshore park development, to be located along Shoreline Blvd. generally from Furman Avenue to Cooper's Alley; Whereas, the special task force presented recommendations to the PRAC for naming and marketing the park once construction is complete; Whereas, the task force made a presentation to the Parks and Recreation Advisory Committee on Wednesday, March 8, 2017, and recommended that the PRAC pass a resolution recommending that the City Council name the Bayshore Park development as "The Water's Edge"; and rename Sherrill park to be "Sherrill Veterans' Memorial Park; and Whereas, the Parks and Recreation Advisory Committee approved the recommendation unanimously; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the park development project formerly referred to as the Bayshore Park Development Project, and the Bayfront area generally bounded by Shoreline Blvd. from Furman Avenue to Cooper's Alley, are hereby to be officially known and renamed as "The Water's Edge". A map depicting the general are of the property to be known as "The Water's Edge" is shown on the attached Exhibit. Section 2. That the park area formerly known as "Sherrill Park" is hereby officially known and renamed as "Sherrill Veterans' Memorial Park". Section 3. The City Council does hereby waive any requirements applicable to the naming of areas of the City. Section 4. This Ordinance takes effect on date of final approval by City Council. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor Exhibit Name the entire development: The Water's Edge Sherrill Veterans' Memorial Park Rebranding Bayshore Park Development and Sherrill Park CORPUS CHRISTI PARKS & RECREATION City Council Meeting April 18, 2017 Bayshore Park Project Corpus Chr sti Engineering • Bayshore Park Task Force • Working group appointed by PRAC • Prepared recommendations for PRAC • Plan for activation and operation of park • Parks & Recreation primary • CVB, Buc Days: Special Events • Potential for conservancy • Fee schedule • Re -branding the Park CORPUS CHRISTI PARKS& RECREATION 2 3 BEST PRACTICES FOR REBRANDING WHAT WAS CONSIDERED WHIL CHOOSING REBRANDING OPTIONS CURRENT USE OF THE SPACE FUTURE USE OF THE SPACE LOCATION OF THE SPACE LONGEVITY OF THE NAME SOLID & MEANINGFUL BRANDING MARKETING OPPORTUNITIES AVOID WORDS WITH NEGATIVE CONNOTATION SENSITIVITY TO THE COMMUNITY WHAT'S IN 1 THE SPACE TODAY? PARK MCGEE BEACH PARK BANKS/BUSINESSES ss CREATIVITY TAKES COURAGE 66 HENRI MATISSE 99 THE PATH OF LEAST RESISTANCE WILL NEVER MAKE YOU PROUD K TONY ROBBINS EN POINTE PARK BAYSHORE FUN PLACE HORIZON POINT BAYFRONT PARK SUNRISE POINT ADVENTURE POINT ONPOINT PARK EMBARK PARK SOUTH END GENERATIONS PARK BAYFRONT PANORAMA HARBOR POINT HEROES URBAN PLACE CENTRAL CITY PARK THE PLACE PANORAMA PARK 361 PLACE MEMORIAL PARK BAYFRONTTMCITY ANCHOR POINT URBAN REEF 'ANAROMAPLEDt�MACEPARK SOUTH BANK FRE INDEPENDENCE PARK CENTER SHORE ANCHOR CITY PLACE HARBOR HUB INDEPENDENCE PLACE HORIZON URBAN BEACH PUNTA DEL SOL PAULIE POINT THE HUB LIBERTY PARK CITY REEF 361 ANCHOR BAY LINE PARK souTH BAYFRONT PARK THE GATHERING PLACE SUNRISE SHORES BAYFRONT COMMONS EXTREME FUN PLACE MAKE MEMORIES PLACE BAYSHORE PLAZA PUNTA VISTA EN PO NTE PARK HORIZON POINT BAYFRONT PARK SUNRISE POINT GENERATIIONNST HAMM�P�ARK CENTRAL CITY PARK THE PLACE ADVENTURE POINT ONPOINT PARK SOUTH END BAYrA:.li, HEROES URBAN PLACE PANORAMA PARK BAYFRONTM36�RPLACE CITY ANCHOR POINT W WATER'S H URBAN REEF PANAROMAEDOM PLACEPARK SOUTH BANK FRE INDEPENDENCE PARK CENTER SHORE t n ;n0 ` 'T`' PLACE HARBOR HUB INDEPENDENCE PLACE HORIZON URBAN BEACH PUNTA DEL SOI. PAULIE POINT THE HUB LIBERTY PARK 361 ANCHOR BAY LINE PARK SOUTH BAYFRONT PARK THE GATHERING PLACE SUNRISE SHORES BAYFRONT COMMONS MAKE MEMORIES PLACE BAYSNORE PLAZA PUNTA VISTA Preliminary Art for Logos 40. CORPUS CHRISTI PARKS& RECREATION WATER'S EDGE )46. 11 Sherrill Park 40. CORPUS CHRISTI PARKS& RECREATWN • Veteran Stakeholder Groups • Term "memorial" should be reserved for Sherrill Park only • Strengthens identity of Sherrill Park • Requested addition of terms "Veterans' Memorial" Recommendation 40. CORPUS CHRISTI PARKS& RECREATWN • Name the Bayshore Park Development — The Water's Edge • Parks and amenities within the park will be known as: • McCaughan Park at The Water's Edge • McGee Beach at The Water's Edge, etc. • Creates consistency for branding and marketing • Allows existing parks to retain identity • Rename Sherrill Park - Sherrill Veterans' Memorial Park • Approved by Parks & Recreation Advisory Committee - March 2017 Name the entire development: The Water's Edge Sherrill Veterans' Memorial Park AGENDA MEMORANDUM First Reading for the City Council Meeting of April 18, 2017 Second Reading for the City Council Meeting of April 25, 2017 DATE: April 6, 2017 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 valerieq@cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations andyl@cctexas.com (361) 826-1957 Establishing a School Zone CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V - Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. PURPOSE: The ordinance amendment will establish a school zone during specified hours for Tuloso-Midway High School along McKinzie Road. BACKGROUND AND FINDINGS: Tuloso Midway High School is located at the intersection of Haven Drive and McKinzie Road. Officials from the school approached the City regarding establishing a school zone along McKinzie Road. Because McKinzie is a state maintained roadway, the Texas Department of Transportation (TxDOT) is the responsible entity for establishing a speed zone on their system. Procedures for establishing speed zones on state highway systems are found in TxDOT's Procedures for Establishing Speed Zones manual. The City assisted the local TxDOT District office by providing necessary information to conduct an engineering and traffic study. Results of the study and recommendation to reduce the speed, from 45 MPH to 30 MPH, during designated school zone hours were submitted for approval to the TxDOT Traffic Operations Division in Austin. The recommendation was approved. Based upon the approval, the local TxDOT District office requested the City of Corpus Christi pass an ordinance establishing this school zone, in accordance with TxDOT's Procedures for Establishing Speed Zones. ALTERNATIVES: Denial of the proposed school zone. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V — Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-254 Schedule V, increase of state speed limit in certain zones is revised to update McKinzie Road as follows: "Sec. 53-254. - Schedule V, increase of state speed limit in certain zones. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: McKinzie Road : From the Interstate 37 north frontage road (Sta. 88 + 54) to a point approximately 400 feet south of the centerline of Leopard Street (Sta. 53 + 50)- 40 mph—At all times From a point 400 feet south of the centerline of Leopard Street (Sta. 53 + 50) to a point approximately 1,050 feet south of Haven Drive -45 mph At all timcs, except from a point 338 feet north of the centerline of Haven Road to a point 312 feet south of the centerline of Haven Road - 30 mph - when school zone lights are flashing From a point approximately 1,050 feet south of Haven Drive to the south city limits -60 mph—At all times" SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary x, * • F. `S_ HEMLOCK DR. ... 0 ? _ - ... - ....,- •••••.- . •HORSESHOE DR. SCALE: N.T.S. AERIAL FLOWN 2014 SCHOOL SPEED LIMIT 45 SCHOOL SPEED LIMIT 30 WHEN RASHING END SCHOOL ZONE HAVEN DR. SPEED LIMIT 45 END SCHOOL ZONE SCHOOL SPEED LIMIT 30 WNEN , RAS: ft4* •0 .•,...„. - -,-_.... .....,,„..._,•_:-... .. ,,• • f - PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAVEN DRIVE 44 • ), McKINZIE ROAD SCHOOL ZONE LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAVEN DRIVE SCALE: N.T.S. AERIAL FLOWN 2014 NUECES BAY McKINZIE ROAD SCHOOL ZONE VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering Decrease of State Law Maximum Speed - Establishing a School Zone Council Presentation April 18, 2017 Project Vicinity �hrsti Engineering ewe PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAWN D1 QE NUECES BAY N SCALE: M.T.S. ANNAVILLE 6 rsn rt��m 2 Proposed School Zone �hrsti Engineering PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAVEN ORNE Recommendations �hrsti Engineering • Designate 30 MPH School Zone Along McKinzie Road AGENDA MEMORANDUM First Reading for the City Council Meeting of March 28, 2017 Second Reading for the City Council Meeting of April 25, 2017 DATE: March 9, 2017 TO: Margie C. Rose, City Manager THROUGH: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Lease Agreement with Nueces County Community Action Agency for Birth -to -Five Head Start Program city -owned properties. CAPTION: Ordinance authorizing the City Manager or designee to execute a ten year lease, with an option to renew for 10 years, with Nueces County Community Action Agency (NCCAA) for eight real and personal properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties; and providing for publication. PURPOSE: The lease request supports Nueces County Community Action Agency's Birth -to -Five Head Start Program (Head Start Program) by allowing the continued in-kind contribution to the program. BACKGROUND AND FINDINGS: Nueces County Community Action Agency (NCCAA) has requested the City enter into a 10 -year lease agreement, with an option to renew for 10 years, for eight (8) properties owned by the City. The land is owned by the City of Corpus Christi, however, the Head Start Program structures built on the land are owned and fully maintained by NCCAA. On an annual basis, the Head Start Program accounts for an estimated $289,035.00 in in-kind space from federal funding and is leveraged for the administration of the program in its various locations. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: This item conforms to City Policy. Twenty-eight day delay between readings is required due to the length of this lease. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development 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 BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A NCCAA Lease Ordinance Lease Agreement Lease Agreement Request Photos of Head Start Centers Ordinance authorizing the City Manager or designee to execute a ten year lease, with an option to renew for 10 years, with Nueces County Community Action Agency (NCCAA) for eight real and personal properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: That the City Manager or designee is authorized to execute a ten year lease, with an option to renew for ten years, with Nueces County Community Action Agency (NCCAA) for eight real and personal properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. Section 2: Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 3: A copy of the executed lease 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 , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of 2017. ATTEST: Rebecca Huerta Mayor City Secretary EXHIBIT A Nueces County Community Action Agency (NCCAA) Leased Properties The City does hereby lease, let, and demise to NCCAA the following properties located in Corpus Christi, Nueces County, Texas: 1. Real and personal property including two (2) portable buildings located at Lot 1, Block 9, Three Fountains Unit #1 , an addition to the City of Corpus Christi, also known as 1838 Frio Street; 2. Real and personal property including one (1) portable building located at Lots 20 and 22, Block 2, Booty and Allen, an addition to the City of Corpus Christi, also known as 1311 7th Street; 3. Personal property consisting of two (2) portable buildings located at 3750 South Port Street (Housing Authority of Corpus Christi La Armada Unit); 4. Personal property consisting of four (4) portable buildings located at 1402 West Point Road (Housing Authority of Corpus Christi Cliff Maus Unit); 5. Real property and all Improvements located at Lot 12, Block 23, Meadow Park, an addition to the City of Corpus Christi, also known as 442 Mohawk; 6. Real property, described as Lots 20 and 21, Block 4, Gulfway-Airline Park, Unit 1, an addition to the City of Corpus Christi, also known as 5839 Williams Drive; 7. Real property and all Improvements located at Lots 1 through 12, Block 11, Steele, an addition to the City of Corpus Christi, also known as 2801 Morris Street; and 8. Real and personal property, described as 26,550 square feet of land on the Southwest corner of Colonia Casa Blanca, Blocks 1 through 4, an addition to the City of Corpus Christi, also known as 120 Nineteenth Street. Lease with Nueces County Community Action Agency THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement is entered into this the day of , 2017 between the City of Corpus Christi, a Texas home -rule municipal corporation, ("City"), acting through its duly authorized representative the City Manager, or designee, ("City Manager"), P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 and the Nueces County Community Action Agency, a Texas non-profit corporation, 101 South Padre Island Drive, Corpus Christi, Nueces County, Texas 78405, ("NCCAA"), acting through its duly authorized representative the Chief Executive Officer ("Chief Executive Officer"). 1. Term. This Lease is for ten years beginning on the 61' day after final City Council approval which is , 2017, with the option to renew for 10 additional years upon request of the Chief Executive Officer and approval of the City Manager. 2. Property. The City does hereby lease, let, and demise to NCCAA the following properties located in Corpus Christi, Nueces County, Texas: A. Real and personal property including two (2) portable buildings located at Lot 1, Block 9, Three Fountains Unit #1 , an addition to the City of Corpus Christi, also known as 1838 Frio Street; B. Real and personal property including one (1) portable building located at Lots 20 and 22, Block 2, Booty and Allen, an addition to the City of Corpus Christi, also known as 1311 7th Street; C. Personal property consisting of two (2) portable buildings located at 3750 South Port Street (Housing Authority of Corpus Christi La Armada Unit); D. Personal property consisting of four (4) portable buildings located at 1402 West Point Road (Housing Authority of Corpus Christi Cliff Maus Unit); E. Real property and all Improvements located at Lot 12, Block 23, Meadow Park, an addition to the City of Corpus Christi, also known as 442 Mohawk; and F. Real property, described as Lots 20 and 21, Block 4, Gulfway-Airline Park, Unit 1, an addition to the City of Corpus Christi, also known as 5839 Williams Drive; G. Real property and all Improvements located at Lots 1 through 12, Block 11, Steele, an addition to the City of Corpus Christi, also known as 2801 Morris Street; and H. Real and personal property, described as 26,550 square feet of land on the Southwest corner of Colonia Casa Blanca, Blocks 1 through 4, an addition to the City of Corpus Christi, also known as 120 Nineteenth Street. Such real and personal property to be referred to as "Property" herein. NCCAA shall maintain the Property and all improvements it places on the Property in good and safe condition during the Lease term. The term "Facilities" shall collectively include the Property and improvements thereon. 1 3. Improvements. NCCAA may place portable buildings ("Improvements") on the real property identified above in compliance with all federal, state, and local laws. If NCAA wishes to erect a permanent building or buildings on the real property identified above, the Chief Executive Officer must obtain prior written permission from the City Manager to erect a permanent building, and all plans and specifications must be approved by the City Engineer and must be in compliance with all federal, state, and local laws. 4. Consideration and Purpose. The consideration for this Lease is that NCCAA must use the Property to provide Head Start Programs to eligible citizens of Corpus Christi. Such uses shall at all times be in accordance with all local, state and federal requirements and laws. 5. Maintenance. During the term of this Lease, NCCAA will maintain, at its sole expense, the exterior and interior of the Facilities and any other improvements constructed on the real property leased herein, including without limitation, all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all lawn, vegetation and landscaping. Maintenance shall be of such quality as to maintain the Facilities in a first-class condition. NCCAA shall obtain, at its own expense, all building permits, all utility services, garbage collection, janitorial services and similar services. 6. NCCAA Responsibilities: NCCAA must: (a) Pay for installing, maintaining, and use of all its utilities, including, but not limited to, water, sewer, sanitation, electricity, natural gas, and telephone. (b) Comply with all applicable Federal, State, and local laws, regulations, and ordinances, as amended. (c) Ensure that no pollutant, effluent, liquid or solid waste material, litter, trash, or garbage is issued from the Property or in the vicinity of the Property. NCCAA must regularly police the vicinity of the Property, for such materials and clean up and remove such materials in order to maintain the cleanliness and attractiveness of the City. (d) Regularly inspect and maintain firefighting systems and equipment in the highest degree of readiness, and regularly conduct regular training for employees in fire prevention and emergency procedures. (e)Pay all operating expenses incurred by NCCAA in connection with its business operations. (f) Pay all ad valorem taxes, which may be assessed against the Property, associated with NCCAA's use of the Property prior to their past due date. (g) It is specifically agreed that if any permit of any type is required by any federal agency or entity at any time, NCCA, shall obtain such permit and comply with its terms. If NCCAA is unable to or fails to obtain and comply with any such permit, this Lease terminates 60 days after written notice by City to NCCAA of termination of this Lease under this provision. (h) If NCCAA is not using the Property, City has the right to use any or all the Property for appropriate public purposes. (i) Furnish and equip the Property. The City has no obligation to furnish any equipment or furnishings for NCCAA. All personal property furnished by NCCAA or donated by others in behalf of NCCAA will remain the property of NCCAA unless specifically donated. 2 (j) NCCAA will maintain, at its sole expense, the Property any other improvements on the Property, all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all lawn, vegetation and landscaping. Maintenance shall be of such quality as to maintain the Property in a first-class condition. 7. Ownership. Upon expiration of this Lease, upon termination hereof for any reason, all Improvements on the Property must be removed by NCCAA within 120 days or become the property of City. 8. Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and NCCAA will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party must not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. 9. Cancellation. This Lease may be canceled by either party IF the party canceling has given the other party forty-five (45) days prior written notice of the date of cancellation. 10. Assignment or sublease. NCCAA may assign this Lease with the City Council's prior written consent, which will not be unreasonably withheld. Any attempted assignment without the prior written consent of the City Council renders this Lease void. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. Each provision, term, covenant, obligation, and condition required to be performed by NCCAA must be binding upon any assignee, and is partial consideration for City's consent to the assignment. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition herein may render this Lease null and void. 11. Sanitation. NCCAA must store garbage and trash outside the Improvements. All garbage or trash must be stored in dumpster type containers. Such containers must be housed inside a small building, screened or appropriately landscaped area, all at NCCAA expense. The garbage container area must be landscaped and maintained by NCCAA. NCCAA must obtain garbage pickup no less than twice per week. Nothing must be stored outside either the dumpster itself or the dumpster housing. 12. Non-discrimination. NCCAA is responsible for the fair and just treatment of all of its employees. NCCAA warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, or national origin. Violation of this provision is grounds for the City to immediately terminate this Lease. 13. Inspection. (City personnel may enter the Property, including the Improvements, at any time, to inspect or enforce this Lease, and for purposes of any fire or police action. 14. Independent Contractor. NCCAA is an independent contractor under the Lease. NCCAA must employ sufficient employees to operate the Head Start Program, which employees 3 are solely in the employ of NCCAA. 15. Termination. City may terminate this Lease if NCCAA fails to comply with a provision, term, covenant, obligation, or condition of the Lease, and fails or refuses to cure the default, within a reasonable time after receiving written notice of the default. 16. Notice and addresses. All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express delivery service at: If to the City: If to NCCAA: City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn: City Manager Nueces County Community Action Agency 101 South Padre Island Drive Corpus Christi, TX 78405 Attn: Chief Executive Officer Notice deposited with the United States Postal Service in the manner described above is deemed effective on the third day after deposit. Notice by telegram or overnight express delivery service is deemed effective one business day after transmission to the telegraph company or overnight express carrier. 17. Modifications. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 18. Waiver. Any waiver by the Parties of a breach of any covenants, terms, obligations, or events of default will not be construed to be a waiver of any subsequent breach, nor may the failure to require full compliance with the Lease be construed as changing the terms of the Lease or estopping the Parties from enforcing the terms of the Lease. 19. Insurance. NCCAA must provide insurance in the amounts and types of coverages required by the City's Director of Risk Management, or his designee, ("Risk Manager"), a copy of which is attached and incorporated as "Exhibit A". NCCAA's insurance company(ies) must provide the Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the level and type of insurance. NCCAA insurance company(ies) must provide the City Manager and Risk Manager 30 days' notice, by certified mail, prior to cancellation, non -renewal or material change in the insurance policy(ies). The Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decrease the level or types of insurance by giving NCCAA notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. NCCAA has 30 days to procure the changed insurance and provide written proof of insurance to the City Manager and the Risk Manager. 4 NCCAA cannot begin operation under this Lease until it provides a certificate(s) of insurance for all required insurance to the Director. 20. Indemnity. NCCAA must indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees and on the part of NCCAA or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Property pursuant to this Lease with the expressed or implied invitation or permission of NCCAA, or when any such injury or damage is the result, proximate or remote, of the violation by Indemnitees, NCCAA, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the Improvements located on the Property herein or out of the use or occupancy of the Improvements to the Property or the Property itself by Indemnitees, NCCAA, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification is effective whether such injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if such damage or injury results from gross negligence or willful misconduct or Indemnitees. NCCAA covenants and agrees that if City is made a party to any litigation against NCCAA or in any litigation commenced by any party, other than NCCAA relating to this Lease, NCCAA shall defend City upon receipt of reasonable notice regarding commencement of such litigation. 21. Disclosure of Interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Recipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. NCCAA 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 22. Certificate of Interested Parties. (Exhibit C). NCCAA 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. 5 23. Taxes. NCCAA must pay all taxes and all other licenses and fees required to operate and maintain operations which NCCAA's use of the Property causes to be assessed against the Property and any Fixed Assets or Personal Property appurtenant thereto, prior to the due date. Further, NCCAA covenants to pay payroll taxes, Medicare truces, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended, prior to their respective due dates. NCCAA must provide proof of payment of these truces within 30 days after City Manager requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. 24. Publication. NCCAA must pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. 25. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Agreement was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 26. Entire Agreement. This document and the exhibits attached constitute the entire agreement between the City and NCCAA. All other agreements, unless contained in this Lease are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits attached hereto, the terms, conditions, promises and covenants relating to NCCAA's operation and the demised premises to be used in the conduct of the enterprise. The unenforceability, invalidity, or illegality of any provision of this agreement shall not render the other provisions unenforceable, invalid, or illegal. EXECUTED IN DUPLICATE ORIGINALS this day of , 2017, by the authorized representatives of the parties. Nueces County Community Action Agency Alma A. Barrera, Chief Executive Officer ATTEST: City of Corpus Christi, Texas Rebecca Huerta, City Secretary Margie C. Rose, City Manager 6 Legal Form approved , 2017; Miles Risley, City Attorney. By: Yvette Aguilar, Assistant City Attorney STATE OF TEXAS COUNTY OF NUECES § § This instrument was acknowledged before me on the day of 2017, by Margie C. Rose, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. STATE OF TEXAS COUNTY OF NUECES § § Notary Public State of Texas This instrument was acknowledged before me on the day of , 2017, by Alma A. Barrera, as Chief Executive Officer of the Nueces County Community Action Agency, a Texas non-profit corporation, on behalf of said corporation. Notary Public State of Texas 7 EXHIBIT A INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not use City property under this agreement until all insurance required has been obtained and such insurance has been approved by the City. B. Lessee must furnish to the City's Risk Manager one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability by endorsement, and a waiver of subrogation endorsement is required on GL. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Endorsements must be provided with COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Lessees 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence PERSONAL PROPERTY Coverage Lessee is responsible for insuring personal property kept on City Property C. In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. B. Lessee shall be required to submit copies of certificate of insurance to City at the address provided below within 10 days of any change of coverages. 8 City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 C. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to cease activities hereunder, until Lessee demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's use of City's property covered under this agreement. G. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2016 Insurance Requirements Parks and Recreation Sports League Lease Agreements 11/16/2016 cg Risk Management 9 EXHIBIT B CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See the definitions for the Disclosure of Interest in Section II - General Information. COMPANY NAME: MAILING ADDRESS: FIRM is: 1. Corporation 4. Association ( 2. Partnership 5. Other CITY: ZIP: 3. Sole Owner ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach a separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant CERTIFICATE: I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: 10 EXHIBIT C ATTACH FORM 1295 11 NUECES COUNTY COMMUNITY ACTION AGENCY 101 South Padre Island Drive Corpus Christi, Texas 784054102 (361) 883-7201 FAX: (361) 883-9173 Alma A. Barrera Chief Executive Officer TO: Ms. Margie Rose, City Manager City of Corpus Christi FROM: Alma A. Barrera, CEOI/`'"l/ Nueces County Community Action Agency (NCCAA) DATE: February 24, 2017 RE: Properties occupied by the NCCAA Birth -to -Five Head Start Program Thank you and your staff for meeting with Ms. Betty Jean Longoria, a member of the NCCAA Board of Directors for approximately 20 years, Ms. Cynthia Casiano, Director of the Birth -to -Five Head Start Program and me to discuss the Birth -to -Five Head Start (B5HS) Centers that occupy the City of Corpus Christi properties. Per our discussion, it was agreed that the City of Corpus Christi will lease the properties to NCCAA for another ten (10) years. Previous lease agreements have been bundled into one lease. As discussed, NCCAA will continue to maintain all the properties (see the list below). Centro de Ninos Head Start Center Cliff Maus Head Start Center Gulfway Head Start Center La Armada Head Start Center Real and personal property including two (2) buildings located at Lot 1, Block 9, Three Fountains Unit#1, also known as 1838 Frio Street; Personal property consisting of four (4) portable buildings located at 1402 West Point Road (Cliff Maus); Certain unimproved real property, described as Lots 20 and 21, Block 4, Gulfway-Airline Park, Unit 1, also known as 5839 Williams Drive. Personal property consisting of two (2) portable buildings located as 3750 South Port (La Armada); community NeighborWorks® VAction. PARTNERSHIP CHARTERED MEMBER Helping People. Changing Lives. Los Pequenos Head Start Center Miramar Head Start Center Navarro Head Start Center Zavala Head Start Center Real Property and Facilities, described as Lots 1 through 12, both inclusive, Block 11 of Steele Addition, also known as 2801 Morris Street; Real and personal property located at Lots 20 and 22, Block 2 Booty and Allen and one building, also known as 1311 7th Street; Real and personal property which is more particularly described as follows: 26,550 square feet of land on the Southwest corner of Colonia Casa Blanca, Blocks 1 through 5, also known as situated at 120 Nineteenth Street, Corpus Christi, Texas; and Facilities and all improvements located at Lot 12, Block 23 of Meadow Park Addition, also known as 422 Mohawk Thank you again for this great partnership. Please contact me at 654-7921 if you need additional information. Attachment: Pictures of Centers Centro de Ninos 1 & 2 Cliff Maus LosPequenos Navarro Centro de Ninos 5 & 6 La Armada Miramar Zavala AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 18, 2017 Second Reading Item for the City Council Meeting of April 25, 2017 DATE: April 7, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Accept and Appropriate Donations for the Dog Park at Bayshore park CAPTION: Ordinance authorizing the City Manager or designee to execute a donation agreement with the Coastal Bend Community Foundation and accept $51,000 in donated funds from the Coastal Bend Community Foundation; authorizing the City Manager or designee to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept $75,000 in donated funds from the Vishal Raju Bhagat Foundation; appropriating $126,000 in the No. 4720 Community Enrichment Fund for construction of a dog park at Bayshore Park; and naming the dog park the "Vishal Bhagat Dog Park." PURPOSE: Accept donation from the Vishal Raju Bhagat Foundation and Coastal Bend Community Foundation for the construction of the dog park at Bayshore Park. Also, to approve the naming of the dog park for the Vishal Bhagat Dog Park. BACKGROUND AND FINDINGS: The initial scope of the Bayshore Park improvement project did not include the construction on the project due to budget constraints and the need to upgrade basic infrastructure with in the project. However, during stakeholder meetings the most common element request to be included in the project was a dog park. Two foundations in the community have come together to help the City meet the demand for a dog park on the bayfront. The Coastal Bend Community Foundation is gifting/donating $51,000 for the dog park and stipulates the gift will be credited to the Vishal Raju Bhagat Foundation gift. The Vishal Raju Bhagat Foundation is gifting/donating $75,000 for the construction of the dog park at McCaughan Park. Coupled with the donation from the CBCF, the total gift of $126,000 exceeds the 51% of the cost/value of the dog park (estimated at $161,000). The Foundation has requested the park be named the Vishal Bhagat Dog Park in honor of the namesake of the foundation and who was an avid advocate for dogs. The Park Naming Policy states the Parks and Recreation Director may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights require City Council Approval. The policy also states that persons donating at least 51 percent of the value of the park, facility or amenity can have the opportunity to name the facility. The Parks & Recreation Advisory Committee ("PRAC") considered this request at their April 12, 2017 meeting at which time they voted to approve the request to support the naming of this park as Vishal Bhagat Dog Park. ALTERNATIVES: Do not accept the donations OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must accept and appropriate the donation of funds for expenditure. This recommendation also conforms to the Park Naming Policy. City Council must approve the names of park amenities via council action. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $126,000 $126,000 Encumbered / Expended Amount This item BALANCE $126,000 $126,000 Fund(s): Community Enrichment 4720 -21323-141 Comments: RECOMMENDATION: Accept and appropriate the donations from the Coastal Bend Community Foundation and the Vishal Raju Bhagat Foundation for the construction of the dog park at McCaughan Park in Bayshore Park. Approve the name of the dog park as Vishal Bhagat Dog Park. LIST OF SUPPORTING DOCUMENTS: Ordinance Vishal Bhagat Foundation_Dog Park Agreement Coastal Bend Community Foundation_Dog Park Agreement ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DONATION AGREEMENT WITH THE COASTAL BEND COMMUNITY FOUNDATION AND ACCEPT $51,000 IN DONATED FUNDS FROM THE COASTAL BEND COMMUNITY FOUNDATION; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DONATION AND NAMING AGREEMENT WITH THE VISHAL RAJU BHAGAT FOUNDATION AND ACCEPT $75,000 IN DONATED FUNDS FROM THE VISHAL RAJU BHAGAT FOUNDATION; APPROPRIATING $126,000 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR CONSTRUCTION OF A DOG PARK AT BAYSHORE PARK; AND NAMING THE DOG PARK "VISHAL BHAGAT DOG PARK." WHEREAS, the Coastal Bend Community Foundation and the Vishal Raju Bhagat Foundation would like to donate funds to enable the City to construct a dog park at Bayshore Park; WHEREAS, the donation from the Coastal Bend Community Foundation is made on behalf of the Vishal Raju Bhagat Foundation; WHEREAS, the $126,000 to be donated by and on behalf of the Vishal Raju Bhagat Foundation makes up approximately 78% of the cost of the development of the dog park at Bayshore Park; WHEREAS, the Parks & Recreation Advisory Committee ("PRAC") considered this request at their April 12, 2017 meeting at which time they voted to approve the request to support the naming of this park as Vishal Bhagat Dog Park; and WHEREAS, City Council Policy 6A provides that upon donation of at least 51% of the value of park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not been specifically named in honor of a person, group or event; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute a donation agreement with the Coastal Bend Community Foundation and accept a donation in the amount of $51,000 to be used for the construction of a dog park at Bayshore Park. Section 2. That the City Manager or designee is authorized to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept a donation in the amount of $75,000 to be used for the construction of a dog park at Bayshore Park. Section 3. That, upon receipt of the funds, the $126,000 shall be appropriated in the No. 4720 Community Enrichment Fund for the park improvements at Bayshore Park, specifically the construction of a dog park. Section 4. That the dog park at Bayshore Park is named the "Vishal Bhagat Dog Park." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary Gift Agreement between the City of Corpus Christi and the Coastal Bend Community Foundation Whereas, the City of Corpus Christi is in the process of upgrading Bayshore Park; Whereas, the Coastal Bend Community Foundation desires to donate funding to be used by the City of Corpus Christi for the construction of additional improvements at Bayshore Park; Now therefore, this Gift Agreement (the "Agreement") is made by and between the City of Corpus Christi ("City") and the Coastal Bend Community Foundation, ("Donor"), and the parties mutually agree as follows: 1. Donor hereby agrees to gift to the City the amount of $6.1000.est("the Gift") no later than 30 days after signing this agreement for the sole purpose of construction of improvements at Bayshore Park. 2. Donor acknowledges that timely receipt of the Gift by the City is required in order to accommodate the construction schedule for the improvements at Bayshore Park. 3. All interest that accrues on the Gift shall be used solely by the City for improvements at Bayshore Park. 4. The City agrees to accept the Gift from the Donor, which will be utilized solely on improvements to Bayshore Park, specifically the construction of a doq park. 5. Any portion of the Gift not disbursed by the City two years from the date of this Agreement will be refunded to the Donor. 6. The City and Donor agree that this gift will be credited to the Vishal Raju Bhagat Foundation as a portion of the gift to be provided by that foundation, under a separate agreement, to be used for the same improvements. 6. This Agreement cannot be assigned, modified or amended unless both parties mutually consent in writing, executed by representatives of each party. Copies of this agreement are as legally effective as the original. CITY OF CORPUS CHRISTI COASTAL BEND COMMUNITY FOUNDATION Valerie H. Gray, P.E. Date Executive Director Public Works Title Fres; .icnt i GED -i!ew,r-M. de64.1-› Name i:el^srW. SO UM APPROVED AS TO LEGAL FORM Assistant City Attorney Date RECOMMENDED Stacie Talbert Anaya Date Interim Director of Parks and Recreation 40 /.10/1 1 Date DONATION AND NAMING RIGHTS AGREEMENT FOR CITY DOG PARK AT BAYSHORE PARK This Donation and Naming Rights Agreement ("Agreement") is entered into as of 111(,( (1q , 2017 by and among Vishal Raju Bhagat Foundation ("Sponsor"), and the City of Corpus Christi, Texas, ("City"), concerning a City dog park to be constructed at Bayshore Park. WHEREAS, City owns, operates, and leases the park and improvements known as the Bayshore Park, approximately 1 acre, located at 802 S. Shoreline Blvd., Corpus Christi, Texas, for various recreational, civic, cultural, sports, and other events and activities; and WHEREAS, the City is constructing a new dog park to be located at the Bayshore Park, referred to in this Agreement as the "Dog Park"; Park; WHEREAS, Sponsor desires to contribute funds towards the construction of the Dog WHEREAS, City Council Policy No. 6(A) provides that upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event; WHEREAS, City Council Policy No. 6(B)(2) provides that the Parks director or designee may seek potential naming rights with contractual compensation for new parks or facilities where the potential exists and is deemed appropriate subject to City Council approval; WHEREAS, City desires to grant certain naming rights for the Dog Park to Sponsor and Sponsor desires to acquire said naming rights from City, pursuant to the terms, conditions and covenants herein contained and for the stated consideration: NOW, THEREFORE, in consideration of the terms, conditions and covenants herein contained, the parties agree as follows. 1. Sponsor Funding for Dog Park. Sponsor agrees to provide seventy-five thousand dollars ($75,000) on or before July 15, 2017, which will be used by the City towards construction of the Dog Park. Additional funds in the amount of $51,000 will be provided to the City by another donor, under a separate agreement, on Sponsor's behalf. 2. Designated Name for City Dog Park at Bayshore Park. In consideration of Sponsor's financial contribution for the Dog Park, and in accordance with applicable policies, laws, and regulations, the parties agree that the Dog Park name shall be "Vishal Bhagat Dog Park", which shall be referred to in this Agreement as the "Designated Dog Park Name". City agrees to use reasonable efforts to identify the Designated Dog Park Name in all official 2 documents that include references to the Dog Park. Occasional immaterial failures to use the Designated Dog Park Name shall not be deemed to be a breach of this Agreement. 3. Licenses and Approvals. Sponsor warrants and represents to City that it has obtained all necessary licenses and approvals for the Designated Dog Park Name. Sponsor transfers its ownership interest in the Designated Dog Park Name to City. Sponsor hereby licenses City to use the Designated Dog Park Name and to subcontract others to manufacture products incorporating or bearing the Designated Dog Park Name. All such products may be used, consumed, given away, sold or held for sale by City or their agents or sub -licensees. This license shall be an exclusive license to City. City shall own all right, title and interest in the Designated Dog Park Name. City shall not be obliged to pay or to cause any sub -licensee to pay any royalty or other fee to Sponsor with respect to any use of the Designated Dog Park Name. 4. Termination/Remedies for Failure of Sponsor to Pay Amounts Due. In the event Sponsor fails to pay to City when due any sum required by this Agreement, and Sponsor shall fail, for a period of thirty (30) days following receipt of written notice from City specifying such default, to cure such default by payment of the amount due, City shall have the right to (i) terminate this Agreement upon the expiration of the cure period, (ii) remove immediately any advertising or display signage with the Designated Dog Park Name at the expense of Sponsor, and (iii) assert any and all other remedies which City may have at law or in equity. 5. Assignment. The rights and obligations of Sponsor under this Agreement may not be assigned by Sponsor without the prior written consent of City Manager. In connection with any such permitted assignment, Sponsor shall provide to City sixty (60) days prior written notice of the proposed assignment and shall require the assignee to execute an assignment agreement in such form and content as reasonably acceptable to City. 6. Notices. Unless otherwise specified herein, any notice required or permitted under this Agreement shall be deemed sufficient if given in writing and personally delivered, sent by overnight express delivery service, or deposited in the United States mail, postage prepaid, by registered or certified mail (return receipt requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served by close of business on the third business day after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties for purposes herein shall be as follows: CITY OF CORPUS CHRISTI: City of Corpus Christi Attn: Director of Parks and Recreation Department Post Office Box 9277 Corpus Christi, Texas 78469 3 Sponsor: Vishal Raju Bhagat Foundation Attn: Raju Bhagat 3805 Castle Ridge Corpus Christi, Texas 78410 7. Authority. Each of the undersigned by the execution hereof warrants that he/she has full power, authority and legal right to enter into this Agreement on behalf of the party for whom he/she is executing this Agreement and to consummate the transactions contemplated hereby. 8. Term and Governing Law. The City shall operate the Dog Park at Bayshore Park and identify the Dog Park under the Designated Dog Park Name for a guaranteed period of twenty (20) years and for as long thereafter as the City in its sole discretion operates the Dog Park at Bayshore Park, or until Agreement is terminated by the City in accordance with this Agreement. This Agreement shall be governed by and construed in conformity with the laws of the State of Texas. This Agreement calls for performance in Nueces County, Texas, wherein jurisdiction and venue for any dispute arising out of or related to this Agreement shall lie exclusively. 9. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law; but if any provision or the application thereof to any party or circumstance is prohibited by or invalid under applicable law, that provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of such provision to other parties or circumstances. 10. Non -Waiver. No delay or omission of any party to exercise rights or powers under this Agreement shall impair any such right or power or shall be construed to be a waiver of any default. No waiver of any default shall be construed, taken, or held to be a waiver of any other default, or waiver or consent to any further or succeeding default of the same nature. 11. Successors and Assigns. This Agreement and all of the terms and provisions hereof shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective legal representatives, heirs, successors, and assigns. 12. INDEMNIFICATION. Sponsor covenants and agrees to FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS the City of Corpus Christi, Texas and the officials, officers, employees, and representatives of the City, individually or collectively in both their official and private capacities, from and against any and all costs, claims, liens, judgments, harm, damages, losses, expenses, legal fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits, of any kind and nature whatsoever that arise out of, result from, or relate to: (1) Sponsor's performance of this Agreement and (2) representations or warranties by 4 Sponsor under this Agreement. Sponsor shall promptly notify City in writing of any claim or demand against City, or any official, officer, employee, representative or volunteer of City or Company or Sponsor related to or arising out of Sponsor's performance or activities under this Agreement. THE SPONSOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS from and against all losses, liabilities, damages (including taxes), and all related costs and expenses (including reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest and penalties) incurred in connection with any action or proceeding threatened or brought against City to the extent that such action or proceeding is based on a claim that any name, logo, signage, written material, or digital or other reproduction provided by Sponsor pursuant to this Agreement and utilized by City or the use or reproduction of any documentation provided by Sponsor infringes any intangible right of a third party, including but not limited to copyright, trademark, trade name or trade secret of any person or entity, which is enforceable under the laws of the State of Texas or of the United States. The provisions of this defense, indemnity, and hold harmless obligation, and any other defense, indemnity, and hold harmless obligation set forth in this Agreement, shall survive the termination of or expiration of this Agreement. 13. Approval by City. Sponsor agrees that this Agreement and all provisions thereof shall be subject to City's approval at City's sole discretion. This Agreement shall not be made valid, final and binding unless approved by the City Council as indicated by authorized signature of City's representative below. 14. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and written or oral agreements between them respecting this subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. CITY OF CORPUS CHRISTI BY: Name: Title: Date: SPONSOR: VISHAL RAJU BHAGAT FOUNDATION By: Name: Raju Bhagat Title: President Date: 3 - -2-`) % 7 BASIC DESIG N CRUSHED GRANITE SEGMENTED PANELS CRUSHED GRANITE ADDITIONAL PLANTING 9r► Yit LARGE DOG PARK UO 1V • FLORIDA SABALS 4 DOG WASTE STATION PET FOUNTAIN SMALL DOG PARK SHADE STRUCTURE WITH BENCHES PET FOUNTAIN DOG WASTE STATION FLORIDA SABALS SEGMENTED PANELS', CORPUS CHRISTI 1 BAYSIIORE DOG PARI( 0 GIGNAC I ARCHITECTS BASIC DESIGN OPTION 81111114/1": . . ...... _1„, . - -- • "Sir ... - -.:,-.,--- II* ... ..... ...„.... '19-1.111 . '-t:'''' 1..... 1110.0ikh!.., • ', .,!.,14 01.111, . I • ,,.... - . CORPUS CHRISTI 1 111111SHORE DOG PARK 0 GIGNAC I ARCHITECTS IMPROVED D PTION WATER FEATURE CRUSHED GRANITE ARTIFICIAL LANDSCAPING CRUSHED GRANITE SHADE STRIICTIIRF WITH BENCHES ADDITIONAL PLANTING SEGMENTED PANELS 164 0, o I 1 10 lo °I u LARGE DOG PARK 10 ear Ob SMALL DOG PARK SHADE STRUCTURE WITH BENCHES FLORIDA SABALS FLORIDA SABALS DOG WASTE STATION ET FOUN AIN SEGM ED PANEL 4r ARTIFICIAL LANDSCAPING PET FOUNTAIN DOG WASTE STATION CORPUS CHRISTI 1 BfYSIIORE DOG PARK •GIGNACIARCHITECTS IMPROVED DESIGN OPTION GRASSY KNOLL WITH DOUBLE TREE $36,115 GRASSY KNOLL WITH SINGLE TREE $26,151 SHADE STRUCTURE WITH BENCHES $89,507 •••,�j�111111111 CORPUS CHRISTI 13f1YSIIORE DOG PARK •GIGNACIARCHITECTS • i INNIAINI itt1111191111111111h11111111 rn IaII Ni iY iii!��1111�1111//ll/llDl///%/������ CORPUS CHRISTI 1 1111YSIIORE DOG PARK •GIGNACIARCHITECTS LARGE DOG PARK "EMI NI iF- '....tompww70111 mpg i , 1 ,i IVi 1111,1�1it 111111 '�IIIIIIIIIII,III'.Iiii 11111111lir- CORPUS CHRISTI 1 1311YSIIORE DOG PARK •GIGNACIARCHITECTS SMALL DOG PARK IIIAiII lli IIt WI w r • in onum"r 1 1 I191 �I�����IIIII ��' CORPUS CHRISTI 1 1311YSIIORE DOG PARK •GIGNACIARCHITECTS AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 Action Item for the City Council Meeting of April 25, 2017 DATE: March 28, 2017 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Construction Contract Yorktown Boulevard from Everhart Road to Staples Street Bond 2014 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LLC Dba Bay, Ltd of Corpus Christi, Texas in the amount of $8,838,277 for Yorktown Boulevard from Everhart Road to Staples Street for Base Bid Part 2 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $99,071 for Yorktown Boulevard from Everhart Road to Staples Street. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a construction materials testing agreement for the Yorktown Boulevard from Everhart Road to Staples Street BOND 2014 Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Yorktown Boulevard from Everhart to Staples — This project includes full -depth repair of the existing four lane A-2 Secondary Arterial Divided Street, which has two through lanes in each direction with a center median. Although this roadway is designated as a A-3 Arterial in the Urban Transportation Plan (six travel lanes with center median) consideration is being given to design to roadway as a modified A-1 Minor Arterial roadway due to projected vehicle traffic volumes. The proposed improvements include two through lanes in each direction with a center median, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Traffic improvements at the Yorktown/Everhart intersection will also be included. Consideration is being given to adding bike lanes." Project Scope: The project includes the full depth reconstruction of existing 4 -lane boulevard section with raised medians that includes new curb and gutter, sidewalks, bus stops, pavement markings and signage. Improvements include widening the intersections at both Staples and Everhart to add one additional designated turn lane. Currently both intersections have one designated turn -lane, one dedicated through lane with one shared turn/through lane. The project also includes upgrades to City utilities for water, wastewater, storm water and gas (constructed by City Crews). The new pavement will be Hot -Mix -Asphalt -Concrete (HMAC) to match the existing pavement and lane configurations constructed under Bond 2004, 2008 and 2012 projects. The project includes the installation of a traffic signal at Everhart and Yorktown. The lane configuration includes on -street bike lanes on both sides of the roadway. This bike lane configuration is not consistent with recommended treatment in the adopted Bicycle Mobility Plan. At the time the Bicycle Mobility Plan was adopted, the Yorktown Boulevard project's design was nearly complete. For several reasons, the project engineer recommended and Engineering staff agreed to retain the on -street bike lanes in the Yorktown Boulevard design (See attached memorandum). The project was developed with a base bid in 2 Parts, one for concrete and one for asphalt. This project bid on February 22, 2017, the City received proposals from five (5) bidders as follows: Contractor Base Bid (Part 1) CONCRETE Base Bid (Part 2) ASPHALT Berry Contracting, LLC dba Bay, Ltd. Corpus Christi, Texas $10,506,860.75 $8,838,277.00 Haas Anderson Construction, Ltd. Corpus Christi, Texas $11,065,482.80 $8,991,447.60 J.E. Construction Services Corpus Christi, Texas $11,064,416.85 NO BID CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, Texas NO BID $11,586,516.04 J. Carroll Weaver, Inc. Corpus Christi, Texas NO BID $12,542,775.48 Engineer's Opinion of Probable Cost $10,117,000.00 $9,490,000.00 ALTERNATIVES: 1. Authorize the execution of a construction contract and construct the project with on -street bike lanes (Recommended). 2. Authorize the execution of a construction contract and direct staff to revise the construction drawings and negotiate a deductive change order to remove the bike lanes. 3. Reject bids and direct staff to redesign and rebid the project. 4. Do not approve this item. OTHER CONSIDERATIONS: Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $1,201,400 $10,171,345.76 $11,372,745.76 Encumbered / Expended Amount $1,201,400 0.00 1,201,400.00 This item 8,937,348.00 $8,937,348.00 Future Anticipated Expenditures This Project 1,146,073.70 1,146,073.70 BALANCE $87,924.06 $87,924.06 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and Freese and Nichols, Inc. recommend the construction contract be awarded to Berry Contracting, LLC dba Bay, Ltd in the amount of $8,838,277 for the total Base Bid 2 and a construction materials testing agreement to Rock Engineering and Testing Laboratory, Inc. in the amount of $99,071 for the Yorktown Boulevard from Everhart Road to Staples Street project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Informal Staff Report Presentation Letter of Recommendation Testing Agreement Form 1295 (2) PROJECT BUDGET ESTIMATE Yorktown Boulevard Everhart to Staples BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 1 7,663,000 Storm Water CIP 2,177,635 Wastewater CIP 221,757 Water CIP 1,277,416 Gas CIP 32,938 TOTAL FUNDS AVAILABLE 11,372,746 FUNDS REQUIRED: Construction Fees: Construction (Bay, LTD) THIS ITEM 8,838,277 Streets 5,621,005 Utilities 3,217,272 Storm Water 1,936,196 Water 1,151,166 Wastewater 101,600 Gas 28,310 Contingency (10%) 883,828 Construction Inspection, Testing Fees and Street Lighting' 349,781 Construction Inspection 165,710 Construction Phase - Materials Testing Services (THIS ITEM) 99,071 Street Lighting 85,000 Design, Right of Way Acquisition and Plan Review' 1,031,162 *Engineering Design (Freese) Original and 2 Amendments 1,026,334 Streets 603,232 Utilities 423,102 Storm Water 222,257 Water 89,689 Wastewater 111,157 Gas Right of Way Acquisition 684 Staff Augmentation - Plan Review 4,144 Reimbursement Fees and Miscellaneous' 181,774 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 60,258 Engineering Services (Project Mgt/Constr Mgt) 120,516 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 11,284,822 ESTIMATED PROJECT BUDGET BALANCE 87,924 47 IH -37 Tex as State Aquarium42e Corpus Christi r,7 Sor°tOnir — \ "-Vitit zy 41— v.f3 *. CO ccf co 1 co- _,,,.(tr ....,, CI 44 co Ward isiand gt:33 PROJECT LOCATION 14- LOCATION MAP NOT TO SCALE grifTh t. 6.4.0 67,-• FLOUR UFF Project Number: E13096 Yorktown Boulevard Everhart Rd to S Staples St Bond 2014 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES INFORMAL STAFF REPORT MEMORANDUM To: Valerie H. Gray, P.E., Exec. Director of Public Works From: Jeffrey Edmonds, P.E., Director of Engineering Servic Date: March 20, 2017 Subject: Yorktown Boulevard Street Improvements: Staples to Everhart ISSUE: The Yorktown Boulevard (from Staples to Everhart) Bond 2014 Proposition 1 Street Improvement Project recently bid and will shortly be going to Council for bid award. The project was designed and bid with a cross section that included on -street bike lanes matching sections of Yorktown improved and constructed under three previous bond street improvement projects along Yorktown Boulevard from Staples Street to Rodd Field Road. This design, as bid, varies from the final version of then Corpus Christi Metropolitan Planning Organization's (CCMPO) Bicycle Mobility Plan. BACKGROUND & FINDINGS: Improvements to Yorktown Boulevard have been made through several Bond projects. The following is a list of the Yorktown improvement projects and status: • Bond 2014 — Staples to Everhart Bid Award April 2017 • Bond 2014 — Everhart to Lake Travis Bids June 2017 • Bond 2012 — Cimarron to Rodd Field Completed • Bond 2008 — Cimarron to Staples Completed • Bond 2004 — Cimarron/Yorktown Intersection Completed The Bond 2014 brochure language for the Staples to Everhart project states: The proposed improvements include two through lanes in each direction with a center median, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Traffic improvements at the Yorktown/Everhart intersection will also be included. Consideration is being given to adding bike lanes. In 2015, City Council considered various bicycle accommodation alternatives to address budget shortfalls on the Bond 2012 Program. The City commissioned the CCMPO to update the City's Bicycle Mobility Plan in March of 2015. At that time the Yorktown project was beyond 60% design. In May of 2016, City Council adopted the CCMPO Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan. This plan included a new map of proposed bike routes and proposed new treatments for bicycle accommodation (see EXHIBIT 1). When the CCMPO Bicycle Mobility Plan was adopted, the Yorktown Boulevard design was nearly complete but bidding was on hold pending some value engineering on the drainage. The new plan only reflected designated bike routes on Yorktown between Rodd Field and Cimarron and did not include the existing bike lanes on Yorktown between Cimarron and Staples. The preliminary design for the 5taples to Everhart project included a 4' on -street bike lane consistent with the previously improved sections extending approximately two miles from Staples Street to Rodd Field Road. The design engineer (Freese & Nichols, Inc.) recommended that the bicycle lane be extended for the entire length due to the number of potential origins and destinations that would be connected such as parks, schools, trails and other bike lanes. The bike lanes are accommodated within the existing right-of-way by reducing the width of the median. Removing the bike lanes on the Yorktown project would require a redesign of the roadway that would affect a large portion of the project drawings. Deletion of the bike lanes would also deviate from the concept that was presented to citizens in a Public Meeting on June 30, 2014. To avoid the costs, delays and potential complaints from changing the roadway design, staff elected to bid the project as originally designed with the on -street bike lanes. Prior to the new CCMPO guidance, the 4' on -street bike lanes were the accepted standard and have been used on many existing thoroughfares, as well as most current, TXDOT construction projects such as the Weber Road and Staples Street widening projects. The 4' on -street lane was used on the two prior Yorktown Bond projects as well as the Airline Road segment from Rodd Field to Saratoga. Another project with similarities to the Yorktown project was the portion of Ocean Drive that includes a 9 -mile uninterrupted section of on -street bicycle lane extending from TAMUCC to the American Bank Center. The Bond 2012 Ocean Drive Improvement Project from Louisiana to Buford included a 4' on -street bike lane that is currently under construction. The bicycle lane on the Ocean Drive Project was not recommended for redesign since it would have delayed the project and interrupted the continuous on -street bicycle facility that is used by a large number of cyclists. Yorktown Boulevard from Staples to Everhart has some similarities to the Ocean Drive Project. Yorktown Boulevard has an existing 2 -mile long section from Staples to Rodd Field of 4' wide, on -street bike lanes in both directions. The Yorktown Boulevard from Staples to Everhart project will allow the uninterrupted on - street bike lane to continue for another 1/2 mile. The current design provides added safety for vehicular traffic and current on -street bicyclists traveling this route. Including the bicycle lane on the current Yorktown project also provides greater connectivity between potential origins and destinations in the area, and better leverages the existing bicycle facilities on Yorktown Boulevard (see EXHIBIT 2). The design allows for a continuous, bicycle facility from Rodd Field to Everhart that connects the Crossgate Ditch Trail, Bill Witt Park and the future Del Mar Campus. NEXT STEPS: There are sound arguments in favor of retaining the bike lane and building the project as bid. There is also concern that bicycle lanes add cost to projects and should not be included. Following is a list of alternatives that could be considered by council: 1. Award the project as designed and construct the project with bike lanes; 2. Award the project but direct staff to revise the construction drawings and negotiate a deductive change order to remove the bike lanes; 3. Reject bids and direct staff to redesign and rebid the project; 4. Cancel the project. Engineering staff believes that preserving the continuity of on -street bike lanes on Yorktown and the connection of potential origins and destinations for bicycle traffic along the Yorktown corridor justifies Alternative 1. Staff suggests taking the bid award item forward to City Council for consideration with the abovementioned alternatives. EXHIBITS: EXHIBIT 1: Excerpt from the Bicycle Mobility Plan EXHIBIT 2: Revised map showing the existing and proposed bicycle facilities with area destinations G1 m X 00 El 03SOdMid ONV S3 m 1 to v Yorktown Boulevard Everhart Road to Staples Street BOND 2014, Proposition 1 cQi) Corpus Chr sti Engineering Council Presentation April 18, 2017 Project Location Corpus Chr sti Engineering ct" .19 J2j 2051 rtr YORKTOWN BOULEVARD L_1 Project Vicinity Corpus Chr sti Engineering Current and Future Projects Vicinity Map 4000 Corpus Chr sti Engineering E13093 YORKTOWN (Lake Travis to Everhart) E13096 YORKTOWN (Everhart to Staples) - -7 CURRENT PROJECT I BOND 2014 PROP 1 YORKTOWN BLVD PROJECTS co 4 Yorktown Boulevard Existing Conditions Corpus Chrsti Engineering Yorktown Boulevard Existing Conditions Corpus Chrsti Engineering Yorktown Boulevard Existing Conditions Corpus Chrsti Engineering Yorktown Boulevard Pavement Section Corpus Chr°sti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 6" HMAC 13" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT GEOGRID Project Scope Corpus Chr sti Engineering Full depth reconstruction of existing 4 -lane boulevard section including: • New pavement and lane configuration matching the Bond 2004, 2008 and 2012 projects; • Raised medians with new curb and gutter, sidewalks, bus stops, pavement markings; • Improved intersections at Staples, Everhart and Yorkshire; • New signalized intersection at Everhart and Staples; • Utility improvements including water, wastewater, storm water, and gas (by City Crews); • Improved street lighting; • On -street bike lanes and wider sidewalks. Bike Lane Justification Corpus Chr sti Engineering • Bond language included consideration for bike lanes; • Public meeting in 2014 stated bike lanes were included; • Project was 90% designed with on -street bike lanes at time of Bicycle Mobility Plan adoption; • Prior Bond projects on Yorktown included on -street bike lanes; • Will address the bike lane "dead end" at Staples Street intersection; • Will provide better connectivity to Flour Bluff via Yorktown in the future. Bike Lane Justification Corpus Chr°sti Engineering • Will enhance safety for cyclists and reduce interference with vehicular traffic; • Will provide bicycle connectivity to residential areas and destinations such as parks, schools, trails and commercial areas including Bill Witt Park and the future Del Mar campus. • Provides continuous bicycle accommodation on Yorktown Boulevard from Rodd Field to Weber. 11 Yorktown Boulevard Prior Bond Projects Corpus Chrsti Engineering Yorktown Boulevard Cross Section Corpus Chrsti Engineering 4' BIKE 8' SIDEWALK 11.5' BUFFER LANE 11' TRAVEL LANES 16' LANDSCAPED MEDIAN 11' TRAVEL LANES 4' BIKE LANE 11.5' BUFFER 8' SIDEWALK Options Corpus Chr°sti Engineering Option 1: Option 2: Authorize the execution of a construction contract and construct the project as designed with on -street bike lanes (RECOMMENDED). Authorize the execution of a construction contract and direct staff to revise the construction drawings and negotiate a deductive change order to remove the bike lanes. Option 3: Reject bids and direct staff to redesign and rebid the project. Project Schedule Corpus'111(115Chrsti Engineering 2017 2018 Bidl Award Construction Construction Estimate: 540 days 18 months � NICHOL r - S 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 February 28, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: Yorktown Boulevard — Everhart Road to Staples Street (Bond 2014) City Project No. E13096 Mr. Edmonds: Innovative approaches Practical results Outstanding service www.freese.com The City of Corpus Christi received five (5) sealed bid proposals for the above referenced project on February 22, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included base bids for both concrete pavement (Part 1) and Hot Mix Asphalt Concrete pavement (HMAC) (Part 2). There are no additive alternates included in the project. Attached are the bid tabulations of the five (5) bid proposals. All five bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. We performed an analysis of the bids and found one mathematical error in the bid proposal submitted by J.E. Construction Services. This error, however, did not affect the outcome of the low bid result. No other errors or irregularities were noted on the proposal forms. The bid breakdown for the five bidders is shown on the attached Tabulation of Bids, and the Base Bids for both Part 1 and Part 2 are summarized below: Bidder Base Bid (Part 1) - Concrete Base Bid (Part 2) - HMAC Bay, Ltd. $10,506,860.75 $8,838,277.00 Haas -Anderson Construction $11,065482.80 $8,991,447.60 J.E. Construction Services $11,064,416.85 NO BID Clark Pipeline Services NO BID $11,586,516.04 J. Carroll Weaver NO BID $12,542,775.48 Bay, Ltd. is the apparent low bidder for this project based on Total Base Bid for both (Part 1) — Concrete and (Part 2) — HMAC. Based on the City's evaluation criteria for this project, Bay, Ltd. is the lowest qualified Bidder, and their Total Amount Bid for Part 2 (HMAC) is within the construction budget. February 28, 2017 Page 2 of 2 Therefore, FNI recommends that the City award the construction contract for Yorktown Boulevard — Everhart Road to Staples Street (City Project No. E13096) to Bay, Ltd. of Corpus Christi, Texas in the amount of $8,838,277.00 for Base Bid — Part 2 (HMAC). If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Nick Cecava, P.E., CFM Attachments: Tabulation of Bids — (Part 1) — Concrete Tabulation of Bids — (Part 2) — HMAC AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operating Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Yorktown Boulevard from Everhart Road to Staples Street BOND 2014 (Project No. El 3096) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $99,071. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY, INC. 03-16-17 Jeff H. Edmonds, P.E. Date rti A. Roc Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office K:IENGINEERING DATAEXCHANGEIANGIEMISTREET4E13096 YORKTOWN FROM EVERHART TO STAPLES BOND ISSUE 20141ROCK CMT115_1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E13096 Accounting Unit: 3551-051 Account: 550920 Activity: El 3096013551 EXP Account Category: 50920 Fund Name: Street CIP BOND 2014 Encumbrance No. KAENGINEERING DATAEXCHANGEIANGIEM STREETtE13096 YORKTOWN FROM EVERHART TO STAPLES BOND ISSUE 20141ROCK CMT1151215 TESTING AGREEMENT.DOC Rev. 12/15115 Wednesday, March 15, 2017 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds, P.E. "GEOTECHNICAL ENGINEERING 'CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) Corpus Christi RETL Proposal Number: P021717A2 Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL1 (TBPE Firrn No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantifies as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for thls project is $99,071.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RET) strives to accommodate all testing requests as they are received and can make accommodations with advanced notice to schedules Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsiie, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities, Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtlonal -- $33.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC 6817 LEOPARD STREET • CORPUS CHRISTI., TEXAS, 78409 OFFICE: (361) 883-4555 • FAX: 1361) 883-4711 • www,rocktesting.com Wednesday, March 15, 2017 Page 1 of 5 1 EXHIBIT "A" Page 1 of 5 P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. 01. LABORATORY P. PERSONNEL Admin Fee LS -Lump Sum ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 I 579.00 $79.00 01. LABORATORY SUBTOTAL $79.00 02. SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT A. SOILS - SUBGRADE Existing Subgrade Densities (see plans for frequency) MATERIALS SAMPLING CHARGE PROCTOR - STANDARD ASTM 0698 NUCLEAR FIELD DENSITY Min 3 (ASTM 06938) VEHICLE E. SOILS - BACKFILL Trench Backfill Densities every 200 LF per lift MATERIALS SAMPLING CHARGE PROCTOR - STANDARD ASTM 0698 NUCLEAR FIELD DENSITY Min 3 (ASTM 06938) VEHICLE Wednesday, March 15, 2017 1 1 1 ea 560.00 560.00 1 1 1 ea $2.26.00 5226.00 1 289 289 ea $47.00 513,583.00 1 50 50 trip 548.00 $2,400.00 1 1 1 ea $60.00 560.00 1 1 1 ea $226.00 5226.00 1 250 250 ea $47.00 511,750.00 1 43 43 trip $48.00 52,064.00 02. SOILS SUBTOTAL 530,369.00 Page 2 of 5 EXHIBIT "A" Page 2 of 5 P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. 03. FLEXIBLE BASE C. SOUS - FLEX BASE Full Series Densities (see plans far frequency) LIFTS/MIN QTYFREQ QTY RATE AMOUNT MATERIALS SAMPLING CHARGE 1 5 5 ea $60.00 $300.00 ATTERBERG OMITS/PLASTICITY INDEX (with Aggregate) ASTM 04318 1 5 5 ea $99.00 $495.00 GRADATION (Sieve Analysis) 1 5 5 ea $99.00 $495.00 PROCTOR - MODIFIEDASTM 01557 1 5 5 ea $266.00 51,330.00 WET BALL MILL 1 1 1 ea $338.00 $338.00 LA ABRASION (ASTM C131) 1 5 5 ea 5338.00 $1,690.00 NUCLEAR FIELD DENSITY Min 3 (ASTM D6938) 1 482 482 ea $47.00 $22,654.00 TRIAXIAL 1 1 1 ea $781.00 $781.00 CALIFORNIA BEARING RATIO (ASTM 01883) 1 1 1 ea $515.00 $515.00 VEHICLE 1 80 80 trip $48.00 63,840.00 03. FLEXIBLE BASE SUBTOTAL $32,438.00 04.HOTMIX ASPHALT LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1. ASPHALT Full Series ASPHALT FULL SERIES ASPHALT CORED IN PLACE DENSITY SAMPLE PREPARATION CHARGE ROLLING PATTERN VEHICLE Wednesday, March 15, 2017 1 16 16 ea 5667.00 $10,672.00 1 5 5 ea 5104.00 $520.00 1 16 16 ea 572.00 $1,152.00 1 8 8 hr 574.00 5592.00 1 29 29 trip $48.00 51,392.00 04.HOT MIX ASPHALT SUBTOTAL $14,328.00 Page 3 of 5 r EXHIBIT "A" I Page 3 of 5 O5. CONCRETE .1. CONCRETE Box Culverts LF -1 set per 100 LF P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. LIFTS/MIN QTYFREQ QTY RATE AMOUNT CONCRETE CYLINDERS (4" x 8"/Min 4) 4 20 80 ea 547.00 $3,760.00 CONCRETE CYUNDERS PICK UP FEE 1 10 10 pour 546.00 $460,00 VEHICLE 1 30 30 trip 548.00 51,440.00 Curb & Gutter LF -1 set every 500 LF CONCRETE CYLINDERS (4" x 8"/Min 4) CONCRETE CYLINDERS PICK UP FEE VEHICLE Curb Post & Grate Inlets EA-1set every 6each 4 20 80 ea 547.00 53,760.00 1 20 20 pour $46.00 5920.00 1 40 40 trip 548.00 $1,920.00 CONCRETE CYUNDERS (4" x 8"/Min 4) 4 3 12 ea $47.00 5564.00 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $46.00 5138.00 VEHICLE 1 6 6 trip $48.00 $288.00 Driveways SF -1 per 2500 5F of each lift CONCRETE CYLINDERS (4" x 8"/Min 4) 4 7 28 ea 547.00 51,316.00 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $41.00 5123.00 VEHICLE 1 6 6 trip 548.00 5288.00 Manhole Base Footing EA -Ise every 10 each CONCRETE CYLINDERS (4" x 8"/Min 4) 4 2 8 ea 547.00 5376.00 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour 546.00 592.00 VEHICLE 1 4 4 trip 548.00 5192.00 Riprap Aprons & SETs SF-1set every 4000SF CONCRETE CYLINDERS (4" x 8"/M in 4) CONCRETE CYLINDERS PICK UP FEE VEHICLE Sidewalks and Curb Ramps 5F -1 set every 4000 5F CONCRETE CYLINDERS (4" x 8"/Mln 4) CONCRETE CYLINDERS PICK UP FEE Wednesday, March 15, 2017 4 1 4 ea 547.00 5188.00 1 1 1 pour 546.00 $46.00 1 2 2 trip 548.00 596.00 4 1 10 40 ea 547.00 51,880.00 10 10 pour 546.00 5460.00 Page 4 of 5 I EXHIBIT "A" l Page 4 of 5 P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. VEHICLE 1 Storm Manholes EA -1 set every 2 each CONCRETE CYLINDERS (4" x 8"/Min 4) CONCRETE CYLINDERS PICK UP FEE VEHICLE WingwaIs EA -1 per each 20 20 trip $48.00 $960.00 4 9 36 ea $47.00 $1,692.00 1 4 4 pour 546.00 5184.00 1 8 8 trip 548.00 5384.00 CONCRETE CYLINDERS (4" x 8"/Min 4) 4 1 4 ea 547.00 $188.00 CONCRETE CYLINDERS PICKUP FEE 1 1 1 pour 546.00 546.00 VEHICLE 1 2 2 trip 548.00 596.00 P022417A1 Added Lime Stabilized Subgrade P022417A2 Subtracted Test Strip for Item P-401 Wednesday, March 15, 2017 05. CONCRETE SUBTOTAL. $21,857.00 GRAND TOTAL $99,071.00 Page 5 of 5 EXHIBIT "A" Page 5 of 5 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data conceming such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Pagel of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a IEXHIBIT "B" Page 2 of 6 EXHIBIT "B" I Page 3 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate EXHIBIT "B" I Page 4 of 6 Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://whrw.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-d isclosurefindex. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. IEXHIBIT "B" I Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees m m= m W CD -a Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/0112017 Sample form for: Payment Request AE Contract Revised 02/01/17 Total Current Previous Total Remaining Percent Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Invoice Invoice Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% 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: 2017-179379 Date Filed: 03/16/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 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 Engineering Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13096 Yorktown Blvd.- Everhart Rd. to Staples St. (Bond 2014) Total Base Bid Part 1 $10,506,860.75 Total Base Bid Part 2 $8,838,277.00 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ �NIwomooNIp1,% 6 AFFIDAVIT �,�`� b. R. Lk-,6',',, gN Q �'•, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. :', .. •'Y•-v , �.0 it �l 9 y's to pP � .- a * s of��.• c s gnature ei authorized agent of contracting business entity AFFIX NOTARY srAS Pi T A� Vta� aN.NNtlMM/ /' %��j Sworn to and subscribed before me, by the said Jn n (men +z , this the E w �� day of I' rvI rCk 20�, to certify which, witness my hand and seal of office. . i — per✓m� e, if �rcia_ (er 1\1PtiMSi IC__ administering oath Title of officer�mmistering oath nature of officer g administering oath Printed name of officer Fnrrnz nrnwir,Cri kV Tn.r e- Ct40.... r+,......,.-t__:- www.etnics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-179427 Date Filed: 03/16/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13096 Construction Materials Engineering 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,,,,..,,,:,,,:.0.0,,.,,,t.ANDREA II. CANTU 3i••j'�{ `F, Notary Public, State of Texos u,•Fisix#,Comm. Expires 05-10-2020 ''••,,,,,,,oss Notary ID 12492050/ J..._ 1 f business ignature of a tho ed agentcontracting entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ��A��r-i1 .i xi-- , this the day of air__ 3 20 1 , to certify which, witness my hand and seal of office. 1 2flcbP.i ()� AidrB tkul I la.n1 1e "w`-1 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 18, 2017 Second Reading for the City Council Meeting of April 25, 2017 DATE: April 11, 2017 TO: Margie C. Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keithse@cctexas.com (361) 826-3232 FROM: E. Jay Ellington, Director of Parks & Recreation jayell@cctexas.com (361) 826-3232 Approving the amendment to the revised TIRZ #2 project plan CAPTION: Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project and Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas on July 22, 2014, February 21, 2017, and March 7, 2017, regarding Packery Channel monitoring and improvements, and updated information on other Packery Channel projects; PURPOSE: Approve the revised Project and Financing Plans for the Reinvestment Zone Number 2. BACKGROUND AND FINDINGS: On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District and associated Tax Increment Reinvestment Zone #2 (TIRZ #2) covering portions of North Padre Island and Mustang Island. In 2009, Ordinance #028329 amended the Tax Increment Financing Plan to provide for other improvement projects. On February 21, 2017, the TIRZ#2 Board also supported the use of $422,000 to develop improvement projects in the area of Packery Channel including: restrooms, showers, and Americans with Disabilities Act (ADA) Access to the jetties as shown in the motion language following: Motion amending the Tax Increment Reinvestment Zone #2 Project and Financing Plans by replacing Exhibit H (attached) with the document entitled Projects with Funds from Tax Increment Reinvestment Zone #2, which contains the current information as of February 21, 2017. On March 7, 2017 the TIRZ#2 board supported the use of $257,745 for one year of monitoring services performed by Blucher Institute on the Packery Channel as shown in the motion language following: Motion recommending that City Council approve a one year agreement between the City of Corpus Christi and Texas A & M University — Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $257,745; and amending the Tax Increment Reinvestment Zone #2 Financing Plan by adding the following sentence at the end of the paragraph that discusses Yearly Miscellaneous Improvements for the Packery Channel: "These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach." ALTERNATIVES: Deny the use of TIRZ #2 funding for these projects. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: TIRZ #2 Board Island Strategic Action Committee "ISAC" Watershore and Beach Advisory Committee City of Corpus Christi Engineering Department City of Corpus Christi Finance Department City of Corpus Christi Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Approve the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — Amending the Project Plan Exhibit 1 - Project Plan — TIRZ #2 Exhibits A — I TIRZ#2 Balance Sheet and Income Statement 11.30.2016 SCALE : 7 ' = 400' JAN. 7. 2002 GLO LEASE TRACT 5 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN NORTH AND SOUTH ACCESS TO PACKERY CIN OF CORPUS CNRLSR CITY PROJECT NO. ENGINEERING SERVICES DEPARTMENT 5122 REV. 1 ATTACHMENT No.2 Sheet 1 of 6 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES OVERALL PLAN - REACH 7 _�1 :RSTM' 26 EN S q PROPOSED RPM AND WiERSECRON IMPROVER + ,1 100 DEC. 73, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN VIEW LIN OF CORPUS CHRISTI CIN PROJECT ENGINEERING SERVICES DEPARTMENT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 3 of 6 2 2 W `( * 60 (( ,,s -f,' a�„ni L 1 I 0. r';%. II` ` U r x\ L m ,r s. ,29fi O ,� I �_\ r II i � EROD/NGREA I• FFG AT/O WAR OEARY xp u m 2pETU"N UNE"tD), of- ' I - 0 !�' _ ; atl I • \.� _ • (� ,v-"!� x" J II. 1 (7 .. U. ��� m ' ___ _ N / WimAir ••• J PROT • O(/NE ECT/ON UN _f \ I D p i. , till' O 4 akiR� ..orc M I� ...__ `• .-.0 vX11 VECETATIII. iI E��'' :�r VEGETAiaN UNE. --11.' 1� LirTh cEo LEASE mbcr 2 .-..e I I I I IWO: _�-�•�.�•�n��l�/�lllii — MIN. PARKINGI40 PROP SED SPACE,_ n�r�T6 8$ 1 +95.65 L -37_ • • ' r___ ` � 4 L 'n 1 tl , lT {u; 1 f-� D `" G� -469 ��..,• !O f `_ `�...-• r 'IJ�y.- // v EROD/NC oT g AREA l LNOWARD HOARY \:. vEGETAT/ON UNE t ffs 1 i I �EGETAno uH: " wwyy . o 910 1 =sm 11�1,���iil MIN. a o �IAn F eARKIN / ��.=., PAC 11 i a5f0 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT T. _ m 7...."':".+11:"=1° PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES SCALE 7'• = 100' GOY OF CORPUS 6.1511 CIN PROJECT DEC. 13•3, 200 2001 ENOINEORPIC SERVICES DEPARTMENT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 4 of 6 v�:ilte�+�rU C` LSF %R9CT J _ 1 _ 1 _� �1 L L OLO LEASE 52.1' 2 L, 0 LL_ -J G7 CLO LEASE 52.1' 3 SCALE : 1" = 100 NOV. 7, 2001 2 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CIN OF CORPIK CHRISTA CIN PROJECT ENOLNEEHLNO SERVICES DEPARTMENT N0. 5122 REV. 1 ATTACHMENT No.2 Sheet 5 of 6/ 10 r Tr rT uI i� r a I I I I I I I I Htt-t-��--L--L- rm T l r r - r T lJ5' r OVERLOOK EL=6.55' PROP. FILL OUTFALL STRUCTURE 0 - 10 NORTH SIDE 130' 64' PARKING AREA r T 1 ximm ar 1 1 T 1 ala' r SOUTH SIDE CliftwO rpm. f1uT w111=11.75 B 8 8 8 6 ffi 25' SEE DETAIL BELOW INLET 8' 270' SIDEWALK 164+00 1 1 J -]a 140' h 3 1 EXIST. GROUND MINOR BULKHEAD WATER EXCHANGE PIPE EL=5.25' BULKHEAD EXISTING GROUND EL =-1.75' 1 L 3 PROP. CHANNEL -14.25— - 20 EL =-14.75' L-20 NORTH SIDE HORZ. SCALE C5 VERT. SCALE N 10' 5' NOV. 7, 2001 164+00 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES TYPICAL CROSS-SECTION NORTH PARK/NG LOT NEXT TO BULKHEAD CIN OF CORPIK CHRISTI CIN PROJECT ENGINEERING SERVICES OEPARRICNT NO. 5122 ATTACHMENT No.2 Sheet 6 of 6 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR DISCUSSION 2017 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete driveways, minor water and wastewater improvements, landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300 -space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches and repairs to shoreline structures. $2 869 224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. $64,500 Completed December 2012 page 1 of2 2/23/2017 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR DISCUSSION 2017 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn -around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2 -inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R recommends self contained, solar powered mobile units to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC (at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100.000 total. Revised $412,000 $263,618 To the Purchasing Department in Spring 2017 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms, lookouts and parking lots. This project was designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. Board approval of installation cost only. Revised $10,000 $8,979 To the Purchasing Department in Spring 2017 10 Packery Channel Dredging and Beach Nourishment The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding. P&R recommends further discussion on this item to determine if another amenity would better suit the area. Revised $1,000,000 HELD FOR DISCUSSION 12 Packery Channel Administration / Maintenance Building (Phase 6) This project includes a 30' x 60' maintenance building, a 20' x 20' administration building and a 100' x 1,000' parking lot near the entrance to the Packery Channel Lookout Areas just south of Zahn Road. Priority Item: P&R recommends facility be located on south side of channel to reduce travel time for equipment and safety. $0 Moving Forward with Nueces County Negotiations 13 Packery Channel ADA Parking Lot Improvements at Jetty Ramps (Phase 7] This project includes parking lots on the beach along the north side and the south side of the channel. Development of this project will be pending USACE and TGLO approval and authorization. Project initiation schedule pending availability of funds and completion of previous phases. GLO will not allow this to be built. P&R recommends reprogramming the funds. MOVED TO ITEM #9 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. Varies Annually 5 Year Contract with Annual Task Orders page 2 of 2 2/23/2017 Reinvestment Zone Number Two City of Corpus Christi Texas Packery Channel Projections - Using 5% Increase in TIF Collections Fiscal Year 2016-2017 Tax FYE Beginning NetTwble Captured Value TF Interest Total Annual Cash Ending Ending Total Ending CUMULA TVE Year TF Fund Values Real Collections Earrings Debt, Fees. Project Flow TF General Fund TF Capilal Projec6 TF Fund Balance Bond Dredging Maintenance Funds Available Balance Properly Expenses Expenses Balance Fund Balance Reserve Reserve Reserve Other Projects 2000 2001 $ 82,695,893 (1) - 2001 2002 $ 92,086,188 $ 10,905,193 $ 163,482 $ 354 $ 111,712 $ - $ 52,124 $ 52,124 $ - Agrees to CAFR $ 52,124 2002 2003 $ 52,124 $ 101,265,608 $ 20,531,573 $ 281,039 $ 1,544 $ 58,594 $ - $ 223,989 $ 276,113 $ 963,594 Agrees to CAFR $ 1,239,707 2003 2004 $ 276,113 $ 111,377,838 $ 31,242,521 $ 460,542 $ 2,658 $ 168,833 $ - $ 294,367 $ 570,480 $ 464,836 Agrees to CAFR $ 1,035,316 $3,000,000 2004 2005 $ 570,480 $ 148,690,968 $ 69,016,056 $ 1,015,239 $ 15,930 $ 503,177 $ - $ 527,992 $ 1,098,472 $ 462,430 Agrees to CAFR $ 1,560,902 $3,000,000 2005 2006 $ 1,098,472 $ 173,610,137 $ 91,012,532 $ 1,333,540 $ 58,540 $ 672,150 $ - $ 719,930 $ 1,818,402 $ 632,953 Agrees to CAFR $ 2,451,355 $3,000,000 2006 2007 $ 1,818,402 $ 252,025,820 $ 170,293,479 $ 2,332,093 $ 127,129 $ 817,482 $ - $ 1,641,740 $ 3,460,142 $ 79,997 Agrees to CAFR $ 3,540,139 $3,000,000 $ 540,139 2007 2008 $ 3,460,142 $ 345,361,546 $ 263,629,205 $ 2,851,595 $ 143,028 $ 1,316,295 $ - $ 1,678,328 $ 5,138,470 $ 168,074 Agrees to CAFR $ 5,306,544 $3,000,000 $ 2,306,544 2008 2009 $ 5,138,470 $ 411,201,302 $ 328,505,409 $ 3,601,895 $ 24,525 $ 784,763 $ 1,123,035 $ 1,718,622 $ 6,857,092 $ 28,233 050e0105650 $ 6,885,325 $1,500,000 $ 5,385,325 2009 2010 $ 6,857,092 $ 391,127,739 8 305,772,760 $ 3,357,599 $ 29 $ 775,293 $ 1,080,730 $ 1,501,605 $ 8,358,697 $ - Agneesto CAFR $ 8,358,697 $1,500,000 $1,400,000 $ - $ 5,458,697 2010 2011 $ 8,358,697 $ 330,788,907 $ 249,503,484 $ 2,803,583 $ 3,167 $ 1,157,358 $ 3,940,583 $ (2,291,191) $ 6,067,506 $ 900,517 Agrees to CAFR $ 6,968,023 $1,500,000 $1,400,000 $ - $ 4,068,023 2011 2012 $ 6,067,506 $ 299,932,835 $ 218,546,042 $ 2,399,907 $ 542 $ 1,224,045 $ 2,634,725 $ (1,458,321) $ 4,609,185 $ 1,072,652 Agrees to CAFR $ 5,681,837 $1,500,000 $2,500,000 $ 500,000 $ 1,181,837 2012 2013 $ 4,609,185 $ 319,401,639 $ 230,460,941 $ 2,513,028 $ - $ 1,189,008 $ 1,020,332 $ 303,689 $ 4,912,874 $ 1,242,938 Agrees to CAFR $ 6,155,812 $1,500,000 $2,912,874 $ 500,000 $ 1,242,938 2013 2014 $ 4,912,874 $ 327,772,541 $ 238,911,352 $ 2,632,938 $ 99 $ 2,321,958 $ 159,762 $ 151,317 $ 5,064,191 $ 957,280 Agrees to CAFR $ 6,021,471 $1,500,000 $3,064,191 $ 500,000 $ 957,280 2014 2015 $ 5,064,191 $ 362,775,885 $ 273,365,948 $ 2,880,930 $ 2 $ 1,267,694 $ 1,695,498 $ (82,260) $ 4,981,931 $ 2,363,453 Agrees to CAFR $ 7,345,384 $1,500,000 $2,981,931 $ 500,000 $ 2,363,453 2015 2016 $ 4,981,931 $ 409,700,308 $ 327,004,415 $ 3,405,001 $ 511 $ 1,333,285 $ 61,535 $ 2,010,692 $ 6,992,623 $ 2,021,572 Agrees to CAFR $ 9,014,195 $1,500,000 $4,000,000 $ 500,000 $ 3,014,195 2016 2017 $ 6,992,623 $ 435,126,626 $ 352,430,733 $ 3,575,251 $ - $ 1,349,700 - $ 2,115,090 $ 9,107,713 $ 2,060,996 proposed budget $ 11,168,709 $1,500,000 $4,000,000 $ 500,000 $ 5,168,709 2017 2018 $ 9,107,713 $ 3,754,014 $ - $ 1,389,150 $ 790,206 $ 1,574,658 $ 10,682,370 $ 2,060,996 $ 12,743,366 $1,500,000 $4,000,000 $ 500,000 $ 6,743,366 2018 2019 $ 10,682,370 $ 3,941,714 $ - $ 1,511,000 $ 3,620,461 $ (1,189,747) $ 9,492,624 $ 2,060,996 $ 11,553,620 $1,500,000 04,000,000 $ 500,000 $ 5,553,620 2019 2020 $ 9,492,624 $ 4,138,800 $ - $ 1,615,200 $ 510,000 $ 2,013,600 $ 11,506,224 $ 2,060,996 $ 13,567,220 $1,500,000 $4,000,000 $ 500,000 $ 7,567,220 2020 2021 $ 11,506,224 $ 4,345,740 $ - $ 1,707,200 $ 510,000 $ 2,128,540 $ 13,634,764 $ 2,060,996 $ 15,695,760 $1,500,000 $4,000,000 $ 500,000 $ 9,695,760 2021 2022 $ 13,634,764 $ 4,563,027 5 - 5 1,687,225 $ 510,000 5 2,365,802 $ 16,000,565 $ 2,060,996 $ 18,061,561 $1,500,000 $4,000,000 $ 500,000 $ 12,061,561 $ 56,350,957 $ 378,058 5 22,961,122 $ 17,767,328 $ 16,000,565 Including released bond reserve $ 13,561,561 (1)- Obtained from the TIF Detail Report for 2008 from the Nueces County Tax Office. Recap of Expenditures for FY 2015-2016 Recap of Expenditures for FY 2016-2017 Packery Channel Miscellaneous Improvements $ - Packery Channel Miscellaneous Improvements $ - Marina Patrol $ 32,957 Funding for Park Road 22 Bridge $ - Administrative Costs $ 28,578 Marina Patrol $ 98,812 Total $ 61,535 Administrative Costs $ 11,649 Total Recap of Expenditures for FY 2018-2019 Packery Channel Miscellaneous Improvements $ 510,000 Marina Patrol $ 98,812 Administrative Costs $ 11,649 Dredging of Channel $ 3,000 000 Total $ 3,620,461 Recap of Expenditures for FY 2017-2018 Packery Channel Miscellaneous Improvements Packery Channel Restrooms, Phase 3 Marina Patrol Administrative Costs Total $ 367,745 312,000 98,812 11,649 REINVESTMENT ZONE #2 FUND #1111 BALANCE SHEET November 30, 2016 ASSETS Cash and cash equivalents Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Fund balance Restricted North Padre Island Development Total fund balance $ 7,799,073.42 7,799,073.42 7,799,073.42 7,799,073.42 Total liabilities and fund balances $ 7,799,073.42 REINVESTMENT ZONE #2 FUND #1111 INCOME STATEMENT November 30, 2016 Revenues Taxes and business fees Earnings on investments Total revenues Expenditu res Community development Total expenditures $ 818,627.18 121.05 818,748.23 10,356.95 10,356.95 Excess (deficiency) of revenues over (under) expenditures 808,391.28 Other financing sources (uses) Transfer out Total other financing sources (uses) (1,941.50) (1,941.50) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other uses 806,449.78 Fund balance at beginning of year 6,992,623.64 Fund balance at end of year $ 7,799,073.42 ORDINANCE APPROVING THE AMENDMENTS TO THE TAX INCREMENT REINVESTMENT ZONE #2 AMENDED PROJECT & FINANCING PLANS APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CORPUS CHRISTI, TEXAS ON JULY 22, 2014, FEBRUARY 21, 2017, AND MARCH 7, 2017 REGARDING PACKERY CHANNEL MONITORING AND IMPROVEMENTS AND UPDATED INFORMATION ON OTHER PACKERY CHANNEL PROJECTS. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on October 29, 2013; WHEREAS, on July 24, 2014, February 21, 2017, and March 7, 2017, the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as amended and approved by the Board of Directors of Reinvestment Zone Number Two (the "Board") on July 22, 2014. The City Council further approves some amendments adopted by the Board on February 21, 2017 and March 7, 2017, but only those amendments that are related to the Packery Channel monitoring and improvements and Other Packery Channel projects listed in Exhibit H of the Plan. A copy of the Plan, as approved by this ordinance, is attached hereto and incorporated as "Exhibit 1." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July 22, 2014, and February 28, 2017) The Tax Increment Reinvestment Zone #2 Project Plan )(Plan) (last revised and/or amended on 10/29/13) is amended to update and revise the Plan this 21st day of February 2017 by adding the Joid and underlined tex and deleting the . old and strikethrouqh text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake Packery Channel Project Plan Amendment Page 1 of 9 two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the current Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. All of the specific projects are situated on public land and involve recreational use and activities. Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and Packery Channel Project Plan Amendment Page 2 of 9 City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Area Improvements: Subject to the availability of the estimated $4,700.000 funds in the TIRZ #2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 2-3 -7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 2-3 - 7 has been revised and is shown in Exhibit H. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of Packery Channel Project Plan Amendment Page 3 of 9 temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 7 Phase 3 if approved. are cstimated at approximately $100,000. Relocation of approximatcly 15,000 cubic yards of sand locatcd c award of thc located seaward of the central and southern portions of the seawall, which is ostimatcd to costs approximately $69,000. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and ietty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. seaward of concrete Padre Island S awall with dredgcd sand, which may bo budgeted on an annual basis. ------ -e - Routine monitoring and surveys of Packery Channel and the Gulf beach within the AA AA AA AAA AA the jetties and shoreline rcvctmcnts, and othcr public improvcmcntc within thc project -or , which may be budgeted on an annual basis. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve is proposed to be budgeted on an annual basis with a ye r -l -y increase of 3oi pending the availability of funds. i • staff and •overnin• boa -r -ds are included on a earl basis •endin• thc Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. Relocation and grading of sand on the beach seaward of the Padre Island seawalls, which may be budgeted on an annual basis. Periodic renourishment of the beach seaward of the Padre Island seawalls, which may be budgeted on annual basis. Installation and routine maintenance of recreational amenities in the Packery Channel project area, which may be budgeted on an annual basis. Establishment of a maintenance and repair reserve for the Packery Channel jetties, revetments, and ancillary equipment and improvements, which may be budgeted on an annual basis. Packery Channel Project Plan Amendment Page 4of9 Installation and maintenance of appropriate signage for the Packery Channel project area, which may be budgeted on an annual basis. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research 1 Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently Packery Channel Project Plan Amendment Page 5 of 9 projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road Total 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and Packery Channel Project Plan Amendment Page 6 of 9 • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has thirteen tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 9 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Packery Channel Project Plan Amendment Page 8 of 9 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 03/17/2011)(Rev'd 10/22/2013) Exhibit G "Six Pack" engineering drawings Exhibit H "Six Pack" engineering cost estimates Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi (Rev'd 10/22/2013) (J Iv 22, 2014) (February 21, 2017) Exhibit I Seawall Sand Movement & Relocation Project drawing Exhibit I Annual Budget: -Fiscal Year 2015 Reinvestment Zone #2 Project Financing Plan Fiscal Year 2017 Reinvestment Zone #2 Budget Page of 9 Packery Channel Project Plan Amendment 102213 9 025215 ORDINANCE NO. AN ORDINANCE APPROVING A FINAL PROJECT AND FINANCING PLAN FOR THE "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS"; APPROVING TILE SALE OF BONDS BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION IN FURTHERANCE OF THE FINAL PROJECT AND FINANCING PLAN; AND OTHER MATTERS RELATING THERETO. WHEREAS, on November 14, 2000, the City Council of the City adopted Ordinance No. 024270 (the "Creation Ordinance"), approving the creation of a tax increment reinvestment zone in the City known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" ("TIRZ Two"); and WHEREAS, in connection with the adoption of the Creation Ordinance and the establishment of TIRZ Two, the City prepared a preliminary reinvestment zone financing plan, and presented the preliminary reinvestment zone financing plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in compliance with the provisions of Chapter 311, Texas Tax Code (the "Act"), a project plan and reinvestment zone financing plan has been prepared and approved by the Board of Directors of TIRZ Two, which project plan and reinvestment zone financing plan so approved is attached to this Ordinance as Exhibit "A" (the "Plan"); and WHEREAS, in compliance with the Act, the City Council finds it necessary and desirable to approve the Plan submitted with this Ordinance; and WHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the creation of the North Padre Island Development Corporation (the "Corporation") to aid, assist and act on behalf of the City in the performance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City, as described in the Creation Ordinance; and WHEREAS, on February 25, 2003 theCorporation adopted a resolution authorizing the issuance and delivery of up to $3,000,000 in Tax Increment Contract Revenue Bonds, Series 2003 (the "Bonds"), for the purpose of funding a portion of the "project costs" as are set forth in the Plan; and WHEREAS, the Corporation and the Board of Directors of TIRZ Two have approved the execution and delivery of that certain Agreement by and among the City, TIRZ Two, and the Corporation dated as of February 1, 2003 (the "Tri-Party Agreement"), pursuant to which the Corporation was delegated certain power and authority in connection with the implementation of the Plan on behalf of TIRZ Two, including, but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tri-Party Agreement; and WHEREAS, the City Council finds it necessary and advisable to adopt this Ordinance to approve the Plan, as required by the Act, to approve the Tri-Party Agreement, and the approve the resolution of the Corporation that authorized the issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION; That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. .SECTION 2• That the City Council hereby approves the project plan and the reinvestment zone financing plan attached to this Ordinance as Exhibit "A", as required by Section 311.011 of the Act. SECTION 3: That the City Council does hereby find and declare that the project and financing plan submitted to the City Council for approval, and hereby approved by the adoption of this Ordinance, is feasible for the development of TIRZ Two and conform to the master plan of the City. 2 SECTION 4: That the City hereby approves the Resolution adopted by the Corporation, in substantially the form and substance as attached hereto as Exhibit "W, and all documents attached to the Resolution including, without limitation, the Tri -Party Agreement. The Mayor and the City Secretary are hereby authorized to execute, attest, seal and deliver the Tri -Party Agreement on behalf of the City. The issuance of Bonds in an amount not to exceed $3,000,000 for the purposes described in the Resolution is hereby approved. SECTION 5: That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028, Texas Government Code. SIGNED AND SEALED THIS 25TH DAY OF FEBRUARY, 2003. City Secretary APPROVED AS TO FORM: 17 Actin Cit7Attorn 7,55 Mayor, City of Corpus Christi, Texas 3 (SEAL) THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of February, 2003, approving the project and financing plan for Reinvestment Zone Number Two, City of Corpus Christi, Texas, and other matters related thereto, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 25th day of February, 2003. (SEAL) City Secretary, City of Corpus Christi, Texas 4 Corpus Christi, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neai, Jr., Mayor City of Corpus Chris Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott MAQ)(0- ate, Cib64-aLn Ro )L J ..1JJ Reinvestment Zone Number Two City of Corpus Christi, Texas Project Plan and Reinvestment Zone Financing Plan February 25, 2003 Reinvestment Zone Number Two, City of Corpus Christi, Texas February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background As required under the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "TIF Act"), the Board of Directors (the "Zone Board") of Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone "), has prepared this Project Plan and Reinvestment Zone Financing Plan (the "Plan"). The City Council ofthe City of Corpus Christi, Texas (the "City") and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non -project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Plan includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the "Project"). This Plan sets out the details of the tax and economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for funding of Project costs through the issuance of bonds. Complete copies of the Plan, including a report attached to this Plan, as Exhibit A, entitled "Forecast of Potential TIF Revenue Flows on North Padre Island", prepared by Economics Research Associates ("ERA "), which constitutes the economic feasibility study required by the TIF Act, are available from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. North Padre Island Storni Damage Reduction and Environmental Restoration Project The Project is a project of the U.S. Army Corps of Engineers (the "Corps") to dredge and channelize a reopened waterway ("Packery Channel") between the Laguna Madre Intracoastal Waterway and the Gulf of Mexico. In addition to the Packery Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packery Channel. Of the total 830,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation (the "Issues'), a not-for- profit local government corporation_ It was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. The Corps was directed by the Congress of the United States ("Congress") to carry out a project for ecosystem restoration and storm damage reduction at North Padre Island. The Project will extend the existing approximately 2.6 miles portion of the Packery Channel an additional 0.9 mile. The Project is described in the Environmental Impact Statement (EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational beach. Dredging Packery Channel would provide sand for nourishment of the beach, and an enlarged beach would reduce potential future storm damage. A Project Study Plan, prepared by the Corps in 1999, examined three alternative sites, including Packery Channel. Three different channel widths under three different salinity regimes were also examined to determine the environmental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Corps from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel, main channel dredged to a required depth of 14 feet and a bottom width of 116 feet up to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel creating three placement areas to create shallow water habitat, continuing with a smaller channel along the existing alignment of Packery Channel from the highway bridge to the Gulf Intracoastal Waterway, dredged to a required depth of 7 feet and bottom width of 80 feet, installation of a 30 inch HDDPE pipe for a sand bypass system, beach nourishment on the beach south of the channel and miscellaneous utility removals and relocations. The Project consists of dredging a 134 -foot wide channel to connect the existing Packery Channel to the Gulf of Mexico to a 12 -foot deep authorized depth (requiring an initial dredge depth to -14 feet) and dredging the existing channel to a depth of -7 feet (mean sea level) and a width of 80 -feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet (15 miles). Approximately 801,200 cubic yards (cy) of material will be dredged during construction, most of which (646,000 cy) will be placed on the beach south of the proposed jetties placement area (PA -4S) for storm damage reduction in front of the existing concrete seawall. Sandy maintenance material from the channel east of the SH 361 bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrift side of the jetties. Approximately 15,000 cy of estimated maintenance dredging every five years will be placed in an upland site. The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The Department of the Anny and the City (the "Project Contract"). The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Project Contract by both parties by Spring 2003. The Plan calls for the remainder of the approximately $19.5 million needed to complete the Project to be funded by the United States Government under the Project Contract. As of February 25, 2003, Congress has appropriated $4.0 million for Project construction, but is under no obligation to appropriate the remainder of its share of Project costs. Once the initial Project is completed, the City will incur costs of maintenance dredging of Packery Channel, as described above. It is anticipated that upon completion of the initial Project, the estimated maintenance dredging will commence in 2008, and the estimated cost of such maintenance dredging in that year will approximate $3 50,000. The costs of the maintenance dredging are intended to be paid by the Zone, either from tax increment collections, proceeds from bonds, a combination of those two sources, or other moneys made available to the City or the Zone for such purpose. Secondary development within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres providing access to Packery Channel, the beach, and the jetties; passenger and recreational vehicle parking; walkways; restrooms; and vendor facilities. The location of two potential City park areas is proposed along the area nearest the Gulf of Mexico reach of Packery Channel. The Project, the maintenance dredging of the Packery Channel, and the public improvements associated with the proposed secondary development are found to be "Project Costs" as such term is defined in the TIF Act. The Project Contract The Project is to be constructed by the Corps under the Project Contract. The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Contract by both parties by Spring 2003. Under the Project Contract, the Corps, subject to receiving funds appropriated by Congress and using the 2 funds expected to be provided by the City through the Issuer, would agree to expeditiously construct the Project. The Project Contract recognizes that Congressional appropriations to date are less than the amount of federal funds required for completion of the Project, and that in the event insufficient funds are appropriated for the federal government's share of Project costs, then Project construction will be suspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project. The City would agree to contribute 35% of the total Project costs, at least five percent of which must be contributed in cash with the remainder being the appraised value of cash or lands, easements, rights-of-way, and suitable burrow and dredged or excavated material disposal areas. The City must deposit its share of projected financial obligations for construction through the first fiscal year of construction within 45 days of notice from the Corps. For each subsequent year, the deposit must be made no later than 60 days prior to the beginning of the fiscal year. The Project Contract obligates the City to operate, maintain, repair, replace, and rehabilitate the entire Project at no cost to the federal government. The City is seeking transfer of a portion of the maintenance cost to the Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Funding of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds is contemplated by this Plan, but there is no assurance that a maintenance reserve will be funded, nor is there any guarantee that if funded the maintenance reserve would be adequate to pay costs of ongoing maintenance dredging. Reinvestment Zone Number Two, City of Corpus Christi, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within the boundaries of the Zone, a 1,947.01 -acre parcel located entirely within the City and the County. The Zone became effective on November 14, 2000, and will terminate on December 3 I, 2022, or at an earlier time designated by subsequent ordinance of the City, or at such earlier time that all Zone Project Costs, tax increment bonds, and the interest on all tax increment bonds, have been paid in full (the duration of the Zone). The Zone is located on Padre Island, and intersected by State Highway 361 and Park Road 22 leading from the John F. Kennedy Causeway. A map showing the existing uses and conditions of real property in the Zone is attached to this Plan as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan as Exhibit C. Pursuant to the TIF Act, the ordinance of the City establishing the Zone also established a Board for the Zone. The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder (but not less than 10) appointed by the City. Name Position Samuel L. Neal President Vice President Javier D. Colmenero Member Brent Chesney Member Rex Kinnison Member John Longoria Member Jesse Noyola Member Mark Scott Member Gabriel Rivas Member Cal Jennings Member Richard Pittman Member John LaRue Member 3 Appointed By City of Corpus Christi Nueces County City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi Del Mar College Nueces County Hospital District Flour Bluff Independent School District Port of Corpus Christi Authority Existing Land Use Existing land -uses within the Zone consist of light commercial development, mixed residential development, vacant unimproved land, and non -developable land, including waterways, roadways and parks. The City has estimated the following current usage within the Zone: Use Acr Vacant 857.1718 Water Area 447.8253 Park 384.5719 Right -of -Way 158.2465 Commercial 33.6232 Medium Density Residential 34.4813 Public/Semi-Public 9.0187 High Density Residential 7.7001 Professional Office 6.0570 Light Industrial 6.5105 Low Density Residential 1.8075 Total 1,947.Q138 Infrastructure Requirements for Development It is the City's policy that infrastructure required for new development within the Zone will be the responsibility of each landowner or developer, similar to any other development that occurs in the City. The wastewater treatment plant and trunk main collection system is in place and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zone. There are generally roads and streets throughout the Zone, though individual tracts may require additional street construction, sewer collection lines, or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or beyond the owner's development. The City participates in street development to pay the additional costs for extra width associated with arterial streets or collectors that are designed to be extended beyond the developer's property. The City also pays for the costs of bridges and culverts to extend streets beyond the developer's property. Undeveloped Land Within the Zone Approximately 857 acres within the Zone are unimproved or underdeveloped land The City anticipates that such unimproved land will be developed for residential and light commercial use consistent within existing uses, and additional development must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds (hereinafter defined) required for completion of the Project without adversely affecting the Issuer's ability to pay debt service on the Series 2003 Bonds (hereinafter defined). No representation is made in this Plan with respect to the ultimate development of such property. Project Costs A detailed listing of the proposed public works and public improvements to be undertaken in the Zone, shown by kind, number and location, and the Project costs of the Zone, including, without limitation, the costs of the initial dredging of Packery Channel, the maintenance dredging costs, secondary Project costs, administrative casts ofthe Zone, and other non -project costs (such as water supply improvements and roads that are not intended to be funded through the operation of the Zone), are set forth in Exhibit D. The estimated amount of bonded 4 indebtedness to be incurred to pay initial Project costs, and the timing of when related costs and monetary obligations for implementing this Plan are to be incurred, are set forth in Exhibit D. The City currently estimates that the total amount of Issuer debt necessary to be issued for completion of initial Project costs will not exceed $12,000,000. Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed $3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project costs, and the Series 2003 Bonds (hereinafter defined) are the first installment of Issuer bonds to be issued for that purpose. The City, the County, Del Mar College, a junior college district and political subdivision of the State of Texas (the "College") and Nueces County Hospital District, a hospital district and political subdivision of the State of Texas (the "Hospital District") each have agreed to deposit to the Tax Increment Fund established for the Zone (the "Tax Increment Fund") certain tax collections arising from their respective taxation of the increase, if any, in the appraised value of real property located in the Zone since November 14, 2000 (hereinafter defined as the (Dedicated Tax Increments"), through the earlier of December 31, 2022, or the date on which any outstanding obligations payable from the Dedicated Tax Increments are finally paid. The City has entered into separate interlocal agreements (the "Interlocal Agreements") with the County, the College, and the Hospital District which sets forth, among other things, the agreement of the City and County, College, or Hospital District, as applicable, to pay to the Issuer the Dedicated Tax Increments (the "Contract Tax Increments") The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other funds on deposit with JPMorgan Chase Bank, Houston, Texas (the "Trustee") or which may be deposited with the Trustee in the future together with earnings and investments thereon (the "Pledged Revenues"). The City, the County, the College, and the Hospital District (each referred to individually herein as a "Participant" and collectively referred to as the "Participants") have agreed to deposit to the Tax Increment Fund the Dedicated Tax Increments, as described herein. Pursuant to the TIF Act, a taxing unit's tax increment for a year (a "Tax Increment") is the amount of property taxes levied by the unit for that year on the "captured" appraised value of real property taxable by the unit and located in a reinvestment zone. Tax Increments do not result from any increase in the appraised value of personas property (such as equipment or inventory) taxable by the unit and located in a reinvestment zone. The TIF Act defuses captured appraised value ("Captured Appraised Value") as the total appraised value of all real property taxable by the unit and located in a reinvestment zone less the tax increment base of the unit. The tax increment base of a taxing unit (the "Tax Increment Base") is the total appraised value of all real property taxable by the unit and located in a reinvestment zone for the year in which the zone was designated. In the case of the Zone, the Tax Increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone, which consists of 1,947.0138 acres, approximately 542.8184 of which is publicly owned and not taxable. Exhibit A shows (a) the Tax Increment Base of the Zone, (b) the current (as of the date of this Plan) total appraised value of taxable real property in the Zone and (c) the estimated captured appraised value of the Zone during each year of its scheduled existence. Pursuant to separate Interlocal Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocal Agreements") the Participants have agreed to deposit all or a portion of their Tax Increments to the Tax Increment Fund. The City, the County, and the Hospital District have agreed to deposit to the Tax Increment Fund 100% of their tax collections on Captured Appraised Value inthe 5 Zone for each tax year that the Zone remains in existence, commencing in tax year 2000. The College has agreed to deposit to the Tax Increment Fund 100% of the its Tax Increments for the first five years (2000-2004) of the Interlocal Agreement, 80% for the sixth year (2005), 60% for the seventh year (2006), 40% for the eighth year (2007), 20% for the ninth year (2008), and none thereafter. The amounts the Participants have agreed to deposit to the Tax Increment Fund are referred to herein as the "Dedicated Tax Increments." The obligations of the Participants to pay Dedicated Tax Increments into the Tax Increment Fund are subject to the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of that Participant. North Padre Island Development Corporation The Issuer The Issuer is a not-for-profit local government corporation and was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. It is governed by a Board of Directors, whose members are appointed by the City Council. On December 17, 2002, the City Council of the City appointed all of the members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003 (the "Series 2003 Bonds"), in comedian with the implementation of this Plan. Should bonds be issued to fund the costs of maintenance dredging, it is anticipated that funds for such use would be included in the third series of bonds to be issued. The Series 2003 Bonds are the first issue of bonds (the "Tax Increment Contract Revenue Bonds") to be issued by the Issuer. The Tax Increment Contract Revenue Bonds, including the Series 2003 Bonds, are secured by the Issuer's pledge of payments to be received pursuant to a Tri -Party Agreement among the City, the Zone, and the Issuer (the "Tri -Party Agreement"). Under that agreement, the Contract Tax Increments will be paid into the Tax Increment Fund at the City's depository. The Bonds will fund a portion of the City's share of the Project Costs. Completion of the Project will require additional funding, which currently is anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may also be financed from additional bonds. For the Issuer to be able to repay such additional bonds, substantial growth in the taxable values within the Zone must occur, and there is no guarantee that such growth will have been accomplished prior to the timing of funding the remaining phases of the development and carnpletion of the Project_ Growth in taxable values within the Zone is dependent on future development of additional taxable improvements. While the City expects that such additional improvements will be constructed if the Packery Channel is completed, there are approximately 1,838 tracts of land within the Zone owned by approximately 1,054 different owners, and neither the Issuer nor the City has any agreement with any landowner for construction of improvements within the Zone, or knowledge that any landowners intend to construct additional improvements. Without future development within the Zone, there can be no guarantee of additional Dedicated Tax Increments sufficient to pay debt service on bonds issued to finance the Project. A projection of the Project costs to be funded with bond proceeds and the sizing of the bond issues to fund those Project costs is set forth in Exhibit D. The Tri -Party Agreement 6 The City, the Zone and the issuer will enter into the Tri -Party Agreement. Pursuant to the Tri -Party Agreement, the Issuer will provide certain management and administrative services for the Zone. The Issuer is authorized to issue bonds or enter into other obligations to be repaid from Contract Tax Increments but only with the approval of the City Council. The Issuer agrees to use all Contract Tax Increments in a manner consistent with the Plan. The Tri -Party Agreement provides for duties and responsibilities of the City with respect to Dedicated Tax Increments and provides for duties and responsibilities of the Zone with respect to Dedicated Tax Increments. The Dedicated Tax Increments are to be deposited when received into the Tax Increment Fund. The City and the Zone will covenant and agree that they will continuously collect the Dedicated Tax Increments from the Participants in the manner and to the maximum extent permitted by applicable law. To the extent the City and Zone may legally do so, they also will covenant and agree that they will not permit a reduction in the Dedicated Tax Increments paid by the Participants. The City will covenant and agree to annually levy, assess and collect its ad valorem taxes in the Zone. The City and the Zone will agree to pay to the Issuer the Contract Tax Increments in consideration for the Issuer funding certain of the Project costs with the proceeds of the Tax Increment Contract Revenue Bonds. The obligations of the City and the Zone to pay Contract Tax Increments shall be subject to the Tri -Party Agreement and the rights of any of the holders of bonds, notes or other obligations that have been or are hem issued by the City, the County, the College, or the Hospital District that are payable from and segued by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, County, College, or Hospital District. It is anticipated that the interests of the Issuer in the Tri -Party Agreement will be assigned to the Trustee for the Tax Increment Contract Revenue Bonds under the terms of the Indenture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued. The Tri -Party Agreement may be amended with the mutual consent of the parties; however, any amendment must be accompanied by an opinion of counsel to the Issuer to the effect that such amendment will not materially impair the rights of the owners of the Issuer's bonds or other outstanding obligations. 7 Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT A Forecast of Potential TIF Revenue Flow on North Padre Island (Final Report) Dated: August 2002 ERA Project Number: 14663 Final Report Forecast of Potential TIF Revenue Flows on North Padre Island Submitted to: The City of Corpus Christi August 2002 ERA Project Number: 14663 FRA TABLE OF CONTENTS General Limiting Conditions iv Introduction 1 Approach 2 Participating Jurisdictions 3 Methodology 3 TIF REVENUE ANALYSIS 5 Summary 5 Real Estate Market Discussion 5 TIF Waterfront Properties 2002 6 Growth Rates 10 Padre Island 10 TIF Revenue Conclusions 11 CRA List of Tables and Exhibits Table 1. Taxable Value of Land & Improvement, 2 TIF District - 2000 2 Table 2. Tax Rates for Participating Jurisdictions 3 Table 3. Waterfront Properties by Location and Value within the TIF District 6 Table 4. Average Assessed Land Value by Location 7 Table 5. Average Condominium Assessed Value by Water frontage 8 Table 6. Condominium Properties in the TIF District 8 Table 7. Lake Padre Properties by Tax ID 9 Table 8. Other Non -Exempt Water Front Properties 9 Table 9. Exempt Properties 10 Table 10. Padre Island Growth Rates by Location — 1992-2002 10 Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 11 Table 12. Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 11 Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 12 Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 ($000s) 13 TIP Analysis for North Padre Island — Flnal Page ili GENERAL LIMITING CONDITIONS Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of "Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district. ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid for the defined TIF district. Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every possible effort has been made to present correct information, some errors might be present due to handling of large data sets in a short time period. However, ERA believes that the results are reasonable and concur with the data available. ERA would like to thank all staff members at the City of Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. TRA APPROACH The approach followed by ERA first defines the current baseline assessed and taxable value of the proposed TJ E district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueces County Appraisal District. ERA understands that the base year for the district is calendar year 2000. From this base year value, ERA generates two sets of TIF revenue inputs: • Forecast growth in the taxable value of currently existing buildings and vacant land in the district over a 20 -year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Working with officials at the Nueces County Appraisal District, City officials provided ERA with year 2000 assessed and taxable values for all land and improvements in the proposed TIF district. The following table indicates that the district currently contains vacant land and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non -home site land and improvements, as well as exemptions and adjustments, to arrive at a total taxable value. Exemptions and adjustments are made for homestead, disabled individuals and veterans, and people over 65. Preliminary assessments for 2001 are $98,153,611 and for 2002 $107,588,794. Table 1, Taxable Value of Land & Improvement, TIF District - 2000 Category Valve Land—Home Site $5,491,354 Land — Non -Home Site $23,947,556 Improvements —Home Site $42,200,590 Improvements —Non -Home Site $17,684,297 Sub -Total $89,323,797 Exemptions & Adjustments $3,453,194 Total Taxable Value $85,870,603 Source: Nueces County Appraisal District Looking further at the above table, ERA determined that home site improvements include single-family homes as well as higher -density condominium projects on the seawall. This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70% of total improvements. Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction, Del Mar Jr, College, is contributing 100% into the tax increment fund for the first 5 years, 80% for the sixth year, 60% for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2. The following table shows tax rates schedule per $100 of taxable value. Table 2. Tax Rates for Participating Jurisdictions Jurisdictions Providing ALL 2001-2005 2006 2007 2008 2009 2010-2022 Increment Jurisdictions City of Corpus Christi Farm to Market Rd. County Hospital Del Mar Jr. Collage Nueces County Port of Corpus Christi Flour Bluff ISD Fire District #2 0.644175 0.005238 0.228028 0.21988 0.350242 0.002117 1.526197 0.022200 0.644175 0.005238 0.228028 0.21988 0.350242 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.175904 0.131928 0.350242 0.350242 0.644175 0.005238 0.228028 0.087952 0.350242 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.043976 0 0.350242 0.350242 TOTAL 2.998077 1.447563 L40359 1.359611 1.31564 1.27166 1.227683 Note: Assuming tax rates do not change Eaumg: Nueces County Appraisal District, City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see unusual growth in the above tax rates in the near future. Following standard TIF modeling guidelines, ERA has taken the above tax rates and held them constant for the duration of the 20 -year TIF model. With tax rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions: • Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period (through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. • First to Increase: Value of land and current developments with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf of Mexico. • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the value of vacant beach properties. Based on the above assumptions, ERA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, ERA aggregated properties based on their location by defining 4 distinct locations: • Beach • Lake Padre • Other water front properties • Non -water front properties After linking each property to a location, total assessed and taxable values were calculated for each location. Value comparison was established and was later used to estimate growth rates for properties within the District. ERA also aggregated all values of properties on North Padre Island for the past 10 years to estimate an average calculated average growth rate (CAGR) for the island. This CAGB was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax revenue flows. TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report. The first scenario applies an annual growth rate of 9% from 2003 through 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002. The second scenario applies different annual growth rates for each property type in the TIF district. Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24% between 2003 and 2007. During the same period, Beach properties and non -waterfront properties are assumed to grow at 9.1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 24% annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001. The two scenarios are conservative and do not assume any new development From 2001 through 2022 and using 2000 as the base year, the first scenario generates a total tax revenue of $63.4 million of which $38.9 million is the TIF revenue. The second scenario generates a total tax revenue of $55.9 million of which $3L3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island. The general consensus has been that over the past three years demand for good properties, defined as those in good repair, modern appliances, visually appealing and have good access, has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in prices. The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward. Aging baby -boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in Padre Island. This demand has exceeded the markets ability to supply more housing units. Another factor in the escalation of price and demand is speculation regarding the Packery Channel, which would connect Lake Padre and the Packery Channel to the Gulf of OF Analysis for North Pocky Land — Final Page 5 Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22 -foot bridge to benefit from the Channel. This is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000-$15,000 premium over comparable properties in the city. Some realtors indicated that the difference in price between water -accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island. Most realtors indicated that properties in Port Aransas, 20 miles from Corpus Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has strong attributes and character that would attract investors to develop resorts, something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tax records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile waterfront properties in the TIF District by location and type. The TIF District has 1,930.08 acres with a total assessed value of $107.59 million in 2002. Approximately 51% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres. Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60.6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage. Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value Condos Beach 13.45 $2,450,499 828,962,543 $31,413,042 829,048,886 Across from the Beach 3.61 8281,352 83,902,799 $4,184,151 $3,533,871 Other - Lake Padre, Canal 10.93 81,459,001 $11,600,220 813,059,221 811,503,641 Lake Padre 470.66 84,591,013 8938,742 85,529,755 85,517,325 Beach 53.20 82,577,105 84,355,083 $6,932,188 $6,932,188 Exempt 202.86 8[1 $0 $0 80 Other 222.24 $2,517,234 $1,669,836 $4,187,070 84,054,928 TOTAL WATER PROPERTIES 976.95 $13,876,204 851,429,223 865,305,427 860,590,839 Soam: Nueces County Appraisal District, Economics Research Associates TIF Analysis for North Padre Island — Final Page 6 Most of the condominium properties are older developments dating to mid 1980s especially the ones with a beach frontage. Most of the properties on Lake Padre are parcels of vacant land. The other non -classified properties are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over $180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties located across from the Beach. As expected developed land, although with indirect beach frontage has more value than undeveloped beach parcels. It is plausible to assume that the value of land parcels with beach frontage would more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Land Value by Location Type Acres Average Land Value (S/Acre) Waterfront Prenerties Condos Beach 13.45 $180,623 Across from the Beach 3.61 $77,840 Other - Lake Padre, Canal 10.93 $133,448 Lake Padre 470.66 $9,754 Beach 53.20 $48,442 Exempt 202.86 $0 Other 22224 $11,327 TOTAL WATER PROPERTIES 976.95 $17,897 Note: Total average land value excludes exempt properties Source: Nueces County Appraisal District, Economics Research Associates There are 16 condominium developments in the TIF district, of which four are located on the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive condominiums are those with a direct beach frontage. The following table shows average assessed value per condominium by water frontage location CRA Table 5. Average Condominium Assessed Value by Water frontage Type Total Condo Unita Average Condo Assessed Value Condos Beach Across from the Beach Other - Lake Padre, Canal 324 115 399 $96,305 836,384 832,730 Source: Nueces County Appraisal District, Economics Research Associates The following table shows condominium properties by location, acreage, number of units, and average condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Water Frontage Location Acreage Total Total Land Improvements Value Total Total Number Avg. Assessed Taxable of Units Condo Value Value Value El Constante Beachfront 3.05 $531,178 $5,317,124 Padre Island- Beachfront 4.78 8885,669 813,272,754 Gulfsh+esm La Casa Del Sol Lake Padre 0.70 $94,134 $889,071 Lakeshore Villas Lake Padre 1.26 8153,552 $1,586,544 Leeward Isles Lake Padre 2.58 $168,810 82,761,688 Leeward Cove Lake Padre 0.61 875,632 $585,521 Lorimar Place Canal -2 0.43 $71,650 $303,335 blocks from beach Mystic harbor Parlcr iy 0.94 $122,904 Channel Seahorse Across the 1.03 878,814 street from Beach Nautilus Galleria Across the 1.03 867,502 $1,219,289 street from Beach Pirates Crossing & Lake Padre 0.53 8184,591 81,233,405 Seascape Villa Portofino Beachfront 2.31 $483,538 $5,372,008 Mariners Cay Canal - 2 3.51 8539,544 $2,497,196 blocks from beach Padre Island - Across the 1.55 8135,036 $1,494,152 Surfside street from Beach Padre Isle - Island Beachfront 3.31 $528,142 $4,812,272 House Sand Dollar Canal 0.37 $48,184 S558,458 $5,848,302 $5,581,554 $14,158,423 $13,239,239 $983,205 $1,740,096 82,930,498 $661,153 $374,985 8983,205 $1,459,835 $2,897,168 $646,153 $374,985 $1,185,002 $1,307,906 $1,175,954 $1,189,358 $1,268,172 $1,017,892 $1,286,791 $1,051,791 $1,417,996 $1,337,959 $5,855,546 85,130,665 $3,036,740 82,261,740 $1,629,188 81,464,188 $5,340,414 $5,097,429 8606,642 $366,642 69 884,758 130 $108,911 24 $40,967 24 $72,504 87 $33,684 16 $41,322 10 $37,499 32 $40,872 26 $48,776 45 $28,595 36 $39,389 53 $110,482 136 $22,329 44 $37,027 72 $74,172 34 $17,842 Total 27.99 84,168,880 $44,277,177 $48,446,057 $44,086,398 838 $57,812 Source: Nueces County Appraisal District, Economics Research Associates CRA Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of $4.5 million. There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder parcels are approximately half an acre. There are 10 (0.51 acres) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The next three tables summarize properties by Tax ID. The first table lists all properties on Lake Padre, the second table shows all other (Canal, Packery Channel, non -classified) water front properties that are non-exempt and the last table shows all exempt properties. Table 7. Lake Padre Properties by Tax ID TAX ID Total Land Total Value improvements Total Total Acreage Assessed Taxable Value Value 6180- 51,636,741 6185- 51,136,341 6175- 5225,114 6125- 51,309,302 6195- $283,515 5820,671 $2,457,412 52,444,982 20.85 50 51,136,341 51,136,341 23.75 565,880 5290,994 5290,994 5.01 552,191 51,361,493 $1,361,493 286.05 50 5283,515 5283,515 135 Total 54,591,013 $938,742 55,529,755 55,517,325 470.66 Source: Nueces County Appraisal District, Economics Research Associates Table 8. Other Non -Exempt Water Front Properties TAX ID Total Land Total Total Value Improvements Assessed Value Total Acreage Taxable Value Legal Description 3730- 5152,759 4793- 5791,199 6170- 5584,752 6205- 5735,000 1115- 5174,019 5111,409 5276,447 50 SO 50 5264,168 $1,067,646 5584,752 5735,000 5174,019 5264,168 51,067,646 5584,752 5735,000 5174,019 1717- 579,505 51,281,980 51,361,485 51,229,343 8.05 Island Fairway Estates 6.75 Mariners Cay Lots 7.58 PADRE ISLAND SEC B 60 PADRE ISLAND SEC 18 138.86 BRYAN WM SUR. 606 LS 64, 129.964 ACS ICL 1.00 Compass Townhomes - 13 units Total 52,517,234 51,669,836 54,187,070 54,054,928 222.24 So^ urce: Nueces County Appraisal District, Economics Research Associates CRA Table 9. Exempt Properties TAX ID Name Acreage 111500000010 STATE OF TEXAS 138.87 111500000050 STATE OF TEXAS 4.03 373000030050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECES CO 20 625200000020 NUECES COUNTY TRUSTEE 30 Total 202.86 Sourc*: Nueces County Appraisal District, Economics Research Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10 -year period. North Padre Island, in total, including waterfront and non -waterfront properties had a CAGR of 9.1%, i.e., properties grew on average 9.1% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by Location — 1992-2002 Year Padre Island Waterfront Lake Beach Other Non - (All Properties) Condos Padre Waterfront Waterfront CAGR 1992-2002 9.10% 5.99% 0.77% -3.96% 2.03% 10.19% CAGB 1993-2002 10.14% 7.27% 5.45% -2.30% 2.39% 11.06% Source: Nueces County Appraisal District, Economics Research Associates CRA TIF Revenue Conclusions The following tables summarize the TIF District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022. Scenario 1 reflects an overall average annual growth rate of 9.1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties. Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $590,873,474 $909,709,774 51,300,406,021 $1,523,320,994 $675,226,929 Grand Total Tax Revenue $8,553,266 $11,899,730 515,964,864 $18,701,553 $8,289,646 Incremental TIF Revenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 $6,181,209 Accumulated TIF Revenue $2,338,110 $8,589,122 $19,282,891 832,713,350 $38,894,559 SaurQe: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Table 12. Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value 5601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Grand Total Tax Revenue 58,711,564 $11,971,610 513,171,464 515,269,336 $6,768,283 Incremental TIF Revenue 52,496,408 $6,322,891 57,900,370 $9,998,242 $4,659,845 Accumulated TIF Revenue 82,496,408 $8,819,299 516,719,669 $26,717,912 $31,377,757 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates LRA The following exhibit shows the growth in the TIF revenue from both scenarios. Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 -..- 1 •.^6-0461 44154'2 I$2100 1 0 $1500 $1500 WOO 00 2001 2002 2003 2004 2005 2006 7007 2000 2009 2010 2011 2012 2015 2014 2015 2016 2017 2010 201! 2020 2031 2022 TIF Analysis for North Padre Island — Final Page 12 CRA The following table shows taxable values, grand tax revenue and incremental TIF revenue from the two scenarios in thousands of dollars. Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 - 2001-2022 ($000s) YEAR TAXABALE VALUE GRAND TAX TIF REVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 $98,514 $98,514 $1,426 $1,426 $183 $183 2002 $107,589 $107,589 51,557 $1,557 $314 $314 2003 $117,376 $118,803 $1,699 $1,720 $456 $477 2004 $127,940 $131,379 $1,852 $1,902 $609 $659 2005 $139,455 $145,524 $2,019 $2,107 $776 $864 2006 5152,006 $161,483 52,134 $2,267 $928 $1,061 2007 $165,686 $179,546 $2,253 $2,441 51,085 $1,274 2008 $180,598 $184,932 $2,376 $2,433 $1,246 $1,303 2009 $196,852 5190,480 $2,503 $2,422 $1,411 $1,330 2010 $214,568 $196,194 $2,634 $2,409 $1,580 $1,354 2011 $233,880 $202,080 $2,871 $2,481 $1,817 $1,427 2012 $254,929 $208,143 $3,130 $2,555 $2,075 $1,501 2013 $262,577 $214,387 $3,224 $2,632 $2,169 $1,578 2014 $270,454 $220,819 $3,320 $2,711 $2,266 $1,657 2015 5278,567 $227,443 53,420 $2,792 $2,366 $1,738 2016 $286,924 $234,266 $3,523 $2,876 $2,468 $1,822 2017 $295,532 $241,294 $3,628 $2,962 $2,574 $1,908 2018 $304,398 $248,533 $3,737 $3,051 $2,683 $1,997 2019 $313,530 $255,989 $3,849 $3,143 $2,795 $2,089 2020 $322,936 $263,669 $3,965 $3,237 $2,910 $2,183 2021 $332,624 $271,579 $4,084 $3,334 $3,029 $2,280 2022 5342,603 $279,726 $4,206 $3,434 $3,152 $2,380 TOTAL $63,409 $55,892 54,999,537 $4,382,374 538,895 $31,378 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT B Map: Existing Uses and Conditions in the Zone Padre Island Tax Incremen Financing District (TI I2lal l aaµuu a uu+uuupanl}n1r _..uw 1000 20H 300 i.-.. --. 1 Scare In Feet Copyright 1989-2001 City of Corpus Christi LEGEND Texas Nuece aunty TIF -Area (total acreage 193(M) ) — — Corpus Christi City limit Line - TIF Area Boundary line MU 15MAR01 City Of Corpus Christi, Planning Department Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT C Map: Proposed Improvements and Proposed Uses of Real Property In the Zone Padre Island Tax Increment Finance District OTIF Boundary ,,' , wow 4 _ Welland Vacant A. Orenapa Corridor MWiuin-0.neity Repels Mal High Danarly Residential Moab Horns 1 Public S«ni-Public Pro(asalonal Office Carnmercet lapin Industrial Low.Oenedy Residertl411 Heavy Industrial Source: Department of Development Services Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT D Project Costs and Estimated Cash Flows Reinvestment Zone Number Two City of Corpus Christi, Texas Packery Channel Project Costs and Funding Land, easements, ROW Demolition Utility relocation Site preparation Reach 2 Mobilization & demobilization Dredging Reach 1 Mobilization & demobilization Dredging Overdepth Placement in placement areas Concrete bulkheads Anchored concrete bulkheads Containment sheetpilelcap Sand bypass pipe Bridge scour protection Jetty construction Walkway curbing Concrete walkway Planning, engineering & design Construction management Maintenance dredging reserve(a) Mitigation costs Mollie Beattie monitoring Parldng lot(b) Parks & recreation center(b) Financing, contingency reserves & rounding Funding Sources Corps of Engineers Series 2003 Bonds Series 2004 Bonds Series 2005 Bonds UtlNty and Land Credit General Land Office Grant Surplus Tax Increments or Bonds(b) (a) (b) Total Zone Two Corps of Engineers 5236,200 20,834 104,073 74,219 486,881 602,939 1,348,383 2,912,120 425,236 483,774 1,382,386 2,369,894 0 0 321,421 743,041 9,738,800 0 1,502,309 2,737,680 1,817,640 1,400,000 1,250,000 541,000 750,000 2,000.000 1,410,683 $82,670 7,292 36,426 25,977 0 170,408 211,029 0 471,934 1,019,242 148,833 169,321 483,835 829,463 0 0 112,497 260,064 3,408,580 0 525,808 958,188 636,174 1,400,000 437,500 189,350 750,000 2,000,000 1,410,683 5153,530 13,542 67,647 48,242 0 316,473 391,910 0 878,449 1,892,878 276,403 314,453 898,551 1,540,431 0 0 208,924 482,977 6,330,220 0 976,501 1,779,492 1,181,466 0 812,500 351,650 0 0 $34,659,513 $15,745,274 118,914,240 2,500,000 4,300.000 4,330,000 340,273 1275,000 3,000,000 $2,500,000 4,300,000 4,330,000 340,273 1275,000 3,000,000 518,914,240 118,914,240 534,659,513 115,745,273 Manlntenance dredging reserve either to be flnanoed from the proceeds of Series 2005 Bonds or as funds become available from surplus tax increments, or a combination thereof. Parks & recreation center and parking lot to be Inanced as funding becomes available from surplus tax increments or bonds, or a combination thereof. 118,914,240 Reinvestment Zane Number Two Cly of Corpus Christi, Texas Rockery Channel Bond Fund Assumptions: Bonds Issued: COE - 50.0 million maintenance Ser 2003 - Mar 03 2,500,000 Tax Increment Baan: 83,018,076 City Matt Res from Bands 1,400,030 Ser 2004 - Jan 04 4,300,003 2002TotaI Appraised Value: 107,580,762 GLO Gree 1,275,000 Ser 2005 - Jan 05 4,330,000 2002 Net Appraeed Value 102,440,534 Maintenance annual In 200% 11,130,000 Interest Income: 1.85% Required end Fund Balance 3,000,000 Bad interest rade: 7.5096 Pledged Revenues Debt Service Funds Beginning Captured Value Bond Fund TIF Ending Available for FYE Tex Bond Fund Zane Fbei Protected TIF Interest Fees a Annual Cash Bond Fund Nlslftennnce 7A1 Year Belem* Property(a) Revenue (b) Earnings series 2003 Series 2004 Sires 2006 Total Expenses (c) Flow Balance Dredging 61,16168 15,000 168,106 769, 2002 2001 10,936,710 8 2003 2002 61,168 19,422,458 181,974 1,132 - - 2004 2003 229,274 32,933,000 477,000 4,242 194,792 - 194,792 15,000 563,750 15,000 89,513 271,450500,724 22 590,237 2005 2004 500,724 45,509,000 659,000 9,263 187,500 378,250 2006 2005 590,237 59,664,000 864,000 10,919 187,500 322,500 378,875 888,875 15,000 (28,956) 561,281 2007 2006 561,281 75,613,000 1,061,000 10,384 187,500 322,500 324,750 834,760 15,000 221,634 782,915 2008 2007 782,915 93,676,000 1,274,000 14,484 187,500 322,500 324,750 834,750 15,000 438,734 1,221,649 2009 2008 1,221,649 99,062,000 1,303,000 22,601 187,500 322,500 324,750 834,750 15,000 475,851 1,697,499 2010 2009 1,697,499 104,810,000 1,330,000 31,404 187,500 322,500 324,750 834,750 15,000 511,854 2,209,153 - 2011 2010 2,209,153 110,324,000 1,354,000 40,869 187,500 322,500 324,750 834,750 15,000 545,119 2,754,272 2012 2011 2,754,272 116,210,000 1,427,000 50,954 187,500 322,500 324,750 834,750 15,000 628,204 3,000,000 382,477 2013 2012 3,000,000 122,273,000 1,501,000 55,500 283,750 418,750 449,875 1,152,375 15,000 389,125 3,000,000 389,125 2014 2013 3,000,000 128,517,000 1,578,000 55,500 276,250 507,500 411,250 1,196,000 15,000 423,500 3,000,000 423,500 2015 2014 3,000,000 134,949,000 1,657,000 55,500 268,750 492,500 500,000 1,261,250 15,000 436,250 3,000,000 438,250 2016 2015 3,000,000 141,573,000 1,738,000 55,500 357,500 573,750 485,000 1,416,250 15,000 362,250 3,000,000 362,250 2017 2016 3,000,000 148,396,000 1,822,000 55,500 342,500 551,250 586,250 1,460,000 15,000 402500 3,000,000 402,500 2018 2017 3,000,000 155,424,000 1,908,000 55,500 327,500 625,000 640,000 1,592.500 15,000 356,000 3,000,000 356,000 2019 2018 3,000,000 162,663,000 1,997,000 55,500 312,500 595,000 610,000 1,517,500 15,000 520,000 3,000,000 520,000 2020 2019 3,000,000 170,119,000 2,089,000 55,500 393,750 661,250 676,250 1,731,250 15,000 398,250 3,000,000 398,250 2021 2020 3,000,000 177,799,000 2,183,000 55,500 371,250 720,000 735,000 1,826,250 15,000 397,250 3,000,000 397,250 2022 2021 3,000,000 185,709,000 2,280,000 55,500 445,000 675,000 786,250 1,906,250 15,000 414,250 3,000,000 414,250 2023 2022 3,000,000 193,856,000 2,380,000 55.500 415000 726,250 830,000 1,971,250 15,000 449,250 3,000,000 449.250 31,083,974 806,751 5,488,542 9,180,000 9,017,250 23,685,792 315,000 4,931,102 (a) Tax yeas 2031 & 2002 - Net Appraised Value lees Base Vette. All other years - ERA August 2002 report - Scenario 2, forecasted Total Appraised Values less ERA Base Value. (b) Souroe : FY 2003 - Adopted budget FY 2004 through FY 2029 - ERA August 2002 report - Scene 2 (c) Trustee/Paying Agent fees d 55,000 and TIRZ Administrative Expenses d 510,000 annually. Reinvestrnent Zone Number Two City of Corpus Christi, Texas Packery Channel Maintenance Dredging Costs AssumpMons: Required end Fund Balance 3,000,000 City Maint Res from Bonds t,400,000 Starting Maintenance Expense: 350,000 Maintenance annual incr. 2.00% Interest income: 1.85% Resources Available for Maintenance Dredging Start-up and Total Maintenance Maintenance Maintenance Available Ending FYE Tax Beginning Transfer from Interest Reserve from Total Dredging Less Balance After 7/31 Year Balance Bond Fund Earnings Bonds Available Expense Expenses City Advance City Advance 2002 2001 0 0 0 0 2003 2002 0 0 0 0 0 232,747 (232,747) 232,747 0 2004 2003 0 0 0 0 0 0 0 0 2005 2004 0 0 0 1,400,000 1,400,000 0 1,400,000 0 1,400,000 2008 2005 1,400,000 0 25,900 1,425,900 0 1,425,900 0 1,425,900 2007 2008 1,425,900 0 26,379 1,452,279 0 1,452,279 0 1,452,279 2008 2007 1,452,279 0 26,867 1,479,148 350,000 1,129,146 0 1,129,146 2009 2008 1,129,146 0 20,889 1,150,036 357,000 793,038 0 793,036 2010 2009 793,036 0 14,671 807,707 364,140 443,567 0 443,567 2011 2010 443,567 0 8,206 451,773 371,423 80,350 0 80,350 2012 2011 80,350 382,477 1,486 484,313 378,851 85,462 0 85,462 2013 2012 85,462 389,125 1,581 476,188 388,428 89,739 0 89,739 2014 2013 89,739 423,500 1,660 514,900 394,157 120,743 0 120,743 2015 2014 120,743 436,250 2,234 559,226 402,040 157,188 0 157,186 2018 2015 157,186 362,250 2,908 522,344 410,081 112,264 0 112,264 2017 2016 112,264 402,500 2,077 516,840 418,282 98,558 0 98,558 2018 2017 98,558 356,000 1,823 456,381 426,648 29,733 0 29,733 2019 2018 29,733 520,000 550 550,283 435,181 115,102 0 115,102 2020 2019 115,102 398250 2,129 515,482 443,885 71,597 0 71,597 2021 2020 71,597 397,250 1,325 470,172 452,782 17,409 0 17,409 2022 2021 17,409 414,250 322 431,981 461,818 (29,838) 29,838 0 2023 2022 0 449,250 0 449,250 471,054 (21,804) 21,804 0 4,931,102 141,008 1,400,000 6,756,497 284,387 MDN 2/20/03 Padre Island Tax Increment Finance District Source: Department of Development Services CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 0 1,500 3,000 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\tirz2.mxd Prepared By: MikeN © City of Corpus Christi, Texas 6,000 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Current Land Use --*R7 co /HIT 1111111111111111111111 / Legend / TIRZ #2 Drainage Corridor Professional Office Current Land Use Park F.`:{:j Commercial / Vacant .„.............. Low Density Residential LJ Public -Semi Public; PSP / Water 7/" Medium Density Residential Light Industrial Natural Area High Density Residential Heavy Industrial / ai : Wetland Mobile Home / / 0 1,450 2,900 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 5,800 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Zoning F-R/IO B=2A/I O7S P/97-09 R-2 � R-1 B/IO AfT/IO Al /I O �> B-2/10 •�� / 13'2A/IO/ R-1B/PUD-1110 BB2/10'�� B -2A/10 ; ; ! p A-I=`A� ;c 0 1,350 2,700 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\zoning.mxd Prepared By: MikeN © City of Corpus Christi, Texas 5,400 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Future Land Use //2 r�. Legend TIRZ #2 Future Land Use Conservation/Preservation Water Natural Area F & Wetland Vacant AR li7 Drainage Corridor Park Estate Residential li Low Density Residential f//' Medium Density Residential W, High Density Residential Mobile Home Professional Office I._1 Commercial Research/Business Park Tourism ▪ Public -Semi Public Light Industrial ▪ Heavy Industrial 0 1,375 2,750 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\flu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 5,500 Feet NOT TO SCALE - PHASE 1 - SEAWALL PARKING LOT RESTROOMS - PHASE 2 - PACKERY CHANNEL PARKING & OVERLOOKS (NORTH & SOUTH SIDES) PHASE 3 - PACKERY CHANNEL RESTROOMS (NORTH & SOUTH SIDES) PHASE 4 - ADA RAMPS TO JETTIES (NORTH & SOUTH SIDES) PHASE 5 - PACKERY CHANNEL PAVILION (NORTHSIDE) PHASE 6 - ADMINISTRATION & MAINTENANCE BUILDING PHASE 7 - ADA PARKING LOT IMPROVEMENTS AT JETTIE RAMPS PACKERY CHANNEL SIX PACK PROJECT LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/08/2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 Action Item for the City Council Meeting of April 25, 2017 DATE: April 10, 2017 TO: Margie C. Rose, City Manager From: Mark Van Vleck, Assistant City Manager, Public Works, Utilities & Transportation Thru: Dan Grimsbo, Utilities Executive Director Interim Clarence L. Wittwer, Director of Water Esteban Ramos, Water Resource Manager Resolution of Support for the City of Corpus Christi Application for State Water Implementation Fund for Texas CAPTION: Resolution requesting financial assistance from the Texas Water Development Board for payment of costs of studying, evaluating, determining feasibility of, and undertaking preliminary design work relating to a Seawater Desalination project; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from the State Water Implementation Fund for Texas; and other matters in connection therewith. PURPOSE: The City of Corpus Christi is working in a collaborative effort with a stakeholder group to evaluate the feasibility of developing a drought -proof seawater desalination water supply. The purpose of the present financial assistance application is to complete the planning phase of this initiative. The State Water Implementation Fund for Texas is a financial assistance program administered by the Texas Water Development Board and accessed by local governments across the State of Texas. Texas Water Development Board financings provide affordable, state financial assistance for projects in the state water plan. The program helps communities develop cost-effective water supplies by providing low- interest loans, extended repayment terms, deferral of loan repayments, and incremental repurchase terms. The City is now seeking authorization to submit an application to the Texas Water Development Board for financial assistance (in the form of the Texas Water Development Board deferred loan) in an amount not to exceed $2,750,000. BACKGROUND AND FINDINGS: A collaborative effort was undertaken in Corpus Christi by a diverse stakeholder group to evaluate the feasibility of developing a drought -proof seawater desalination water supply for industrial use. During Phase I of the project, the efforts resulted in the definition and selection of a preferred prospective Industrial Seawater Desalination project. However, there are several fundamental activities that needed additional definition and concurrence prior to initiating of Phase 11, the actual project's procurement and implementation. The purpose of the present financial assistance application is to complete the planning phase of this initiative and includes the following components: • Establish a cost allocation methodology and water utility rate framework for the desalination project; • Determine the legal, administrative, financial and technical requirements for a local government corporation (LGC) to act as the project agency; evaluate organizational options and assist with designation of a Project LGC; • Prepare and execute the agreements necessary to support the LGC's role as the project agency; • Adopt a project procurement methodology; • Secure funding for the project's late -exit and procurement activities during the 2018 SWIFT funding cycle; • Examine concentrate management strategies for seawater desalination; • Select and assist in securing a desalination facility site; • Develop a Desalinated Water Infrastructure Integration Plan; and, • Prepare and initiate implementation of a Source Water Characterization Plan; • Provide outreach to assist in the implementation of desalination activities in Corpus Christi. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office • Financial Services • Utilities Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD FOR PAYMENT OF COSTS OF STUDYING, EVALUATING, DETERMINING FEASIBILITY OF, AND UNDERTAKING PRELIMINARY DESIGN WORK RELATING TO A SEAWATER DESALINATION PROJECT; AUTHORIZING CITY STAFF AND CONSULTANTS TO COORDINATE THE SUBMISSION OF THE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING FROM THE STATE WATER IMPLEMENTATION FUND FOR TEXAS; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Corpus Christi, Texas (the City) deems it necessary to apply to the Texas Water Development Board (the Board) for financial assistance; and WHEREAS, in accordance with the rules and regulations of the Board, which govern the procedures in making such an application, the governing body of the City is required to pass a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 1. The City hereby requests that the Board, from its State Water Implementation Fund for Texas, grant financial assistance to the City in the amount not to exceed $2,750,000 (as a loan or by the purchase of obligations of the City and the receipt of the largest amount of grant funds lawfully available from the Board) for payment of costs of studying, evaluating, determining the feasibility of, and undertaking preliminary design work relating to a seawater desalination project. These obligations will be issued by the City in one or more series. 2. The City Manager or Director of Financial Services of the City is hereby authorized to execute and submit to the Board the application for such financial assistance, and the City Manager or Director of Financial Services of the City, together with bond counsel, financial advisors and consulting engineers named in such application, are authorized to appear before the Board in support of such application and to make the required assurances and representations to the Board in accordance with the rules, regulations, and policies of the Board. 3. A certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Board, and the City Secretary of the City is authorized and directed to prepare and certify such number of copies of this Resolution as may be required for purposes of supporting the submission of such application to the Board. 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City. 82501233.4 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Resolution would have been enacted without such invalid provision. 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 82501233.4 -2- PASSED, ADOPTED AND APPROVED on the 25th day of April, 2017. Attest: City Secretary (SEAL) APPROVED THIS 25TH DAY OF APRIL, 2017: City Attorney 82501233.4 -3- CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of April, 2017, authorizing the City to request financial assistance from the Texas Water Development Board, which resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL OF SAID CITY, THIS THE 25Th DAY OF APRIL, 2017. 82501233.4 -4- City Secretary That the foregoing resolution was read for the first time and passed on this the 25th day of April, 2017, by the following vote: Mayor Rudy Garza Carolyn Vaughn Paulette Guajardo Ben Molina Michael Hunter Lucy Rubio Joe McComb Greg Smith PASSED AND APPROVED, this the 25th day of April, 2017. ATTEST: Rebecca Huerta City Secretary 82501233.4 Mayor Pro Tem AGENDA MEMORANDUM First Reading for the City Council Meeting of April 25, 2017 Second Reading for the City Council Meeting of May 9, 2017 DATE: April 6, 2017 TO: FROM: Margie C. Rose, City Manager Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Amending Chapter 57 of the Code of Ordinances to modify the auto wrecker ordinance and appropriating funds in revenue and expenditures CAPTION: Ordinance amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle administrative fee of $20 per vehicle and by requiring notification for private property tows; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, for penalty and for publication. PURPOSE: These changes will cover numerous administrative costs incurred in the processing and releasing of impounded vehicles. The changes are offset due to revenue and expenditure appropriations being equal. BACKGROUND AND FINDINGS: The changes to the ordinance are: 1. Sec. 57-249 — maximum auto wrecker service and storage fees. Adding subsection 4f. Administrative fee: add an administrative fee of $20 per vehicle recovered by owner to provide for the processing of paperwork. The fee increase will generate an additional $61,000 in revenue for the remainder of the current fiscal year to be used for additional personnel and improvements at the vehicle impound on Greenwood. Other impound yards across the State charge a similar fee. 2. Sec. 57-253 — notification and photographs for private property tows. Prior to conducting a private property tow, all wreckers are required to notify the Police Department of the license plate number and description of the vehicle to be towed. Since there is no requirement for tow companies to call in when they do a private property impound, we are taking stolen vehicle reports when the vehicle had been subject to a private property impound. Total additional revenue generated by the $20 administrative fee and the procedural change is $61,000 for the remainder of the fiscal year. These funds will be appropriated in the Vehicle Impound budget to be used to enhance the impound process making it easier for customers to retrieve their impounded vehicles. Four (4) civilian FTE's will be added to the Police Department budget for 3 Vehicle Impound Control Officers and 1 Management Assistant. This will add to the existing eight (8) positions to allow for 24 hour a day, 7 day a week coverage. Additionally software will be purchased to allow customers to locate their vehicle and pay on- line, and improvements to the impound yard. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 61,000 145,000 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle administrative fee of $20 per vehicle and by requiring notification for private property tows; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, for penalty and for publication Whereas, Texas Administrative Code Title 16, §85.722 allows a VSF operator to collect from a vehicle owner any fee that must be paid to a law enforcement agency, the agency's authorized agent, or a governmental entity; and Whereas, the City Council finds that $20 Administrative fee to be collected by the City from a vehicle owner is an authorized governmental or law enforcement fee pursuant to Texas Administrative Code Title 16, §85.722. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 57-249 of the Corpus Christ Code of Ordinances is revised to add subsection (4)(f) to read as follows: f.Administrative fee $20 per vehicle recovered by owner from City vehicle impound lot (only payable to City) SECTION 2. Section 57-249, Subsection (1) of the Corpus Christi Code of Ordinance is revised to read as follows: (1) Fees associated with Police -initiated nonconsent rotation list or incident management tows fees will be paid to the city at the city vehicle impound lot. SECTION 3. Section 57-253 of the Corpus Christi Code of Ordinance is revised to read as follows: Sec. 57-253. — Notification and Photographs for private property tows. Prior to conducting a private property tow, all wreckers are required to notify the Police Department of the license plate number and description of the vehicle to be towed. All wreckers conducting private property tows shall photograph the vehicle to be towed from multiple angles and the signs posted prior to hookup in order illustrate conditions warranting the tow and to demonstrate compliance with state laws. All photographs must be maintained for inspection by the city for one (1) year following the tow. SECTION 4. That $61,000 from the Administrative fee is appropriated to be used for four civilian full-time equivalent (FTE) personnel and software upgrades at the vehicle impound on Greenwood. SECTION 5. The FY 2016-2017 operating budget adopted by Ordinance No. 030965 is amended by increasing revenue and expenditures by $61,000. SECTION 6. This ordinance takes effect after official publication. SECTION 7. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 8. 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 9. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 25, 2017 Second Reading Ordinance for the City Council Meeting of May 9, 2017 DATE: April 13, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the HIDTA grant subaward for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime in an effort to eradicate the synthetic cannabinoid epidemic; and appropriating the $20,000 in the No. 1061 Police Grants Fund. PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 21st year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant subaward provides for overtime in an effort to eradicate the synthetic cannabinoid. The funds are available through the end of the grant 12/31/2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $20,000 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant subaward and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant agreement Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime in an effort to eradicate the synthetic cannabinoid epidemic; and appropriating the $20,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime to eradicate the synthetic cannabinoid epidemic. SECTION 2. That $20,000 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for additional overtime to eradicate the synthetic cannabinoid epidemic. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor 3/30/2017 Financial Management System 1.0 721INANCIAL )1204ACS dl 1 ENT YSTIMi High I n t n s 1 t y O r u Trjtticking A r c u Thurday, March 30th, 117 8:12 AM Home Requests Approvals Reports Award Letters Utilities Log Out Reprogramming Manager New 1 Search Save l SavlDNew Submit for Approval € Report Refresh ! Delete ID ID 53899 HIDTA Internal ID .Justification Seam HN (ONDCP) - Supplemental funding strategically targeting Kush epidemic in Houston HIDTA region. Walker County Cellebrite expenses and Fort Bend County DHE Interdiction. FY Award Recipient Copy Edit Delete Current Budget Before After Initiative GRANT/MOA RR Account Remarks Amount Increase Decrease 1 2016 City of Baytown X A B 147,080.00 24,180.00 HN.SIResources Support G16HN0005A RR.I Services 122,900.00 2 2016 Houston Police Department X A B 302,600.00 332,600.00 HN.TARP Interdiction G16HN0001A RR.I Overtime DHE Truck Enforcement Block 30,000.00 /, 3 2016 Houston Police Department ( tom+ X A B 302,600.00 342,600.00 HN.TARP Interdiction G16HN0001A RR.I Overtime KUSH 40,000.00 X. 4 2016 Corpus Christi Police Department Zi X A B 35,600.00 55,600.00 HN.TCCI Investigation G16HN0006A RR.' Overtime KUSH 20,000.00 5 2016 AA Fort Bend County Sheriffs Office X B 0.00 5,000.00 HN.FBET Investigation G16HN0010A RR.I Other KUSH 5,000.00 6 2016 Walker CountyCellebrite Sheriffs Office a x A B 10,660.00 32,560.00 M000NETInvestigatioHN.n G16HN0025A RR.I Services Training and Services 21,900.00' 7 2016 Walker County Sheriffs Office 2. X A B 9,000.00 0.00 HN.MOCONET Investigation G16HN0025A RR.I Supplies Internal move to cover Cellebrite expenses /. 9,000.00 8 2016 Fort Bend County charif a Offira a A B 160,341.00 175,341.00 HN FRFT G16HN0010A RR.I Overtime l vi icu .....i nuo r..r....l;.+:.... 15,000.00 https://portal.hidta.net/FMS/,Danalnfo=.a184C66F8-I.B+JournalManager.aspx 1/2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 25, 2017 Second Reading Ordinance for the City Council Meeting of May 9, 2017 DATE: April 6, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Amending the Hazardous Substances Pipeline Ordinance CAPTION: Ordinance amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. — HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEM; and providing for severance, publication, penalty, and an effective date. PURPOSE: The current pipeline ordinance was first enacted in 1993 and followed safety rules and guidelines used by the U.S. Department of Transportation and the Texas Railroad Commission which regulates the operation of pipelines. The ordinance was also enacted to identify the pipeline owner, location and number of pipelines within the City limits and the geographical area five thousand (5,000) feet beyond its corporate boundaries. The main purpose of the amendment is to: • Adopt minor changes that have been made by the U.S. Department of Transportation and the Texas Railroad Commission regarding pipeline construction and penalties. • Update contact information for incident reporting and emergencies. • Update contact information for the submittal of new pipeline construction. • Provide for the submittal of pipeline documents and drawings in workable electronic form instead of paper copies. BACKGROUND AND FINDINGS: The pipeline ordinance has only been revised once since its inception. The sole revision was in 2010 to increase the annual fee for administrative costs from $100.00 to $125.00 which is paid by pipeline operators for each pipeline they operate. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: None RECOMMENDATION: Staff recommends approval of the Ordinance to amend Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. — Hazardous Substances, Liquids, and Gas Pipelines and Distribution Systems. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEMS; and providing for severance, publication, penalty, and an effective date NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 35 of the Corpus Christi Code of Ordinances is amended by revising Article VII — HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEMS, as follows: ARTICLE VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEMS Sec. 35-146. - Definitions. [For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:] Emergency Management Office of the City of Corpus Christi is created and described in chapter 15 of the Code of Ordinances, the chief executive officer being the city manager, who may delegate duties and responsibilities. Hazardous liquid, as defined by the Texas Railroad Commission at 16 Texas Administrative Code, Section 7.808.5. Definitions, shall mean Petroleum, petroleum products, anhydrous ammonia, or any substance or material which is in liquid state, excluding liquefied natural qas (LNG), when transported by pipeline facilities and which has been determined by the United States Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities.petroleum or sccrctary of transportation to posc an unrcasonablc risk to lifc or property whcn transportcd by pipclinc facilitics. The tcrm shall be enlargcd to includc liquificd natural It shall also include carbon dioxide, defined at 49 CFR 192.2195.2, as a fluid consisting of more than ninety (90) per cent carbon dioxide molecules compressed to a supercritical state. Jurisdiction of the City of Corpus Christi for application of this article shall include the area within the corporate boundaries of the City of Corpus Christi and the geographical area five thousand (5,000) feet beyond the corporate boundaries of the 1 city, under authority of the Texas Local Government Code, section 42.001, to promote and protect the general health, safety, and welfare of persons residing in and adjacent to municipalities, and to define nuisance under authority of the Texas Local Government Code, section 217.042. Inactive pipeline shall m n a pipclinc thaw liquids and one (1) y ar for natural gas with thc cxpcctation that thc pipclinc may bc rcactivatcd within fivc (5) ycars cvcn though thcrc may bc no spccific plans to rcactivatc thc pipclinc. Local distribution company (LDC) means a municipal operator of a natural gas distribution system recognized by local ordinance as a utility and engaged primarily in providing natural gas service to residential, commercial and industrial end users. Owner or operator shall mean any person who engages in the pipeline transportation or movement of gas, hazardous liquids, or chemicals. Person shall mean any individual, corporation, joint venture, partnership, municipality, or legal entity, including trustee, assignee, receiver, and personal representative. Pipeline shall mean all parts of those physical facilities through which gas, hazardous liquids, or chemicals move in transportation, including, but not limited to, pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, pumping units, regulator stations, delivery stations, terminals, holders, and fabricated assemblies and breakout tanks whether or not laid in public or private easement or public or private right of way within the city or its jurisdiction. Pipelines excluded from this article are pipelines with normal operating pressures below twenty (20) pounds per square inch gauge. Also exempted are those pipelines which meet all of the following three (3) conditions: (1) The pipelines serve as private infrastructure to refineries/petrochemical plants, and storage areas, and terminals; (2) The refinery/petrochemical plant infrastructure, storage area, or terminal incorporating the pipeline(s) serves a manufacturing or refining function exclusive to the respective refinery/petrochemical plant; and The pipeline is within the premises boundary of the refinery/petrochemical plant, storage area, or terminal. New pipelines, as referred to in section 35-153, shall mean pipelines constructed after the effective date of this article but shall not include (a) the replacement or repair of any existing pipeline; (b) the realignment of a portion of an existing pipeline to a position that is not greater than fifty (50)200 feet from its original position; or (c) surface appurtenances added to existing pipelines. Pipeline emergency shall refer to a pipeline incident in which any of the following has occurred or is occurring: (3) 2 (1) Fire or explosion not initiated by the owner/operator as part of its operations, (in accordance with accepted safety practices). (2) Release of a gas, hazardous liquid, or chemical which could adversely impact the environment or health of individuals, livestock and/or domestic animals, and wildlife, within the city or its jurisdiction. (3) Death of any person. (4) Bodily harm of any person which results in loss of consciousness, the need to assist a person from the scene of the incident, or the necessity of medical treatment in excess of first aid. (5) Damage to private or public property not owned, by the pipeline owner or operator in excess of fivc thousand dollars ($5,000.00)$50,000 in combined values. (6) The re-routing of traffic or the evacuation of building(s). Unregulated pipeline are those pipelines within the city or its jurisdiction which enjoy exemptions under federal and state rules which exclude such lines from construction standards, safety standards, or reporting requirements of either or both governmental entities. Sec. 35-147. - Pipeline information reporting requirements. (a) Every owner or operator of a pipeline, existing at the effective date of adoption of this article, shall furnish the emergency management office the following information for retention purposes: (1) Six (6) copiesAn electronic copy of schematic drawings and maps showing the horizontal location of each pipeline and their relationship to streets, highways, railroads, etc, to the extent of the best information available to the pipeline owner or operator. For purposes of emergency response and securing the area for access to shutoff valves, the drawings should also highlight shutoff valves and other pipeline facilities. The precision or accuracy of the location of the lines, valves, and other facilities shall also be noted for both horizontal and vertical, but in no case exceed plus or minus twenty-five (25) feet horizontal. Shutoff valves will only be operated by the owner/operator or under the direction or authorization of the owner/operator. (2) A description of the materials transported, their source and their destination, and a copy of the material safety data sheet (MSDS) for the materials transported. The normal operating pressure range and the maximum allowable operating pressure of the pipeline. (4) The name, title, business address and telephone number of the person(s) responsible for the operation of the pipeline(s). (3) 3 (5) Identification of each pipeline as regulated under interstate or intrastate rules/regulations. (6) Where a pipeline is unregulated as to either or both intrastate/interstate rules and regulations, the owner or operator shall so state. The owner or operator shall also specifically: (a) identify the exculpatory rules or regulations, and (b) the operating condition of the pipeline, which give rise to such unregulated status. If any of the above information changes, the pipeline owner or operator shall furnish to the emergency management office updated information within fourtccn (111)30 days of the change. (b) The owner or operator of any pipeline shall provide to the emergency management office the name, mailing address, and telephone number of at least one (1) officer, person or contact (example: manned response center, a title such as a dispatcher, etc.) available on a twenty -four-hour basis who: (1) Can initiate appropriate actions to respond to an emergency situation. (2) Has access to information on the location of the closest shut-off valve to any specific point in the city or its jurisdiction (3) Can furnish the common name of the material then being carried by the pipeline. Any change in the above described twenty -four-hour contact information must be reported to the emergency management office by contacting the policc dispatch ccntcr (512 886 2802)(361) 826-1100 prior to such change. (c) Every owner or operator of a pipeline shall be required to file an annual verified safety report in letter form with the Emergency Management Office city manager or his dcsigncc on or before March 31 of each year to cover a reporting period of March 1 through February [28]. (1) Stating that the pipeline has no outstanding safety violations as determined in an inspection or audit by either the Texas Railroad Commission and/or the U.S. Department of Transportation with regards to any pipeline operating in the City of Corpus Christi or its jurisdiction. Alternatively, if there are any safety violations as determined by U.S. Department of Transportation or the Texas Railroad Commission that have not been corrected, these shall be described to the city in the annual safety report letter. (2) Accompanied by evidence that the pipeline owner or operator has current liability insurance covering each respective pipeline in the minimum amount of five million dollars ($5,000,000.00) or has a self insured fund program, verified by an independent certified public accountant, which program and verification will be reviewed and judged to determine equivalency by the Risk Management Department of the City of Corpus Christi. Insurance carriers must be licensed to do business in the State of Texas and possess at least an A rating by the A.M. Best Company. 4 (3) Stating that the pipeline information on file with the emergency management office as described in paragraphs (a) and (b) in section 35-147 is correct. Alternatively, if the information on file is no longer correct, updated or corrected information should be submitted with the annual safety report letter. (4) Owners or operators of any unregulated pipeline who shall experience no reporting responsibility to the Texas Railroad Commission or the United States Department of Transportation, and who shall otherwise operate outside the safety regulation of either those agencies, shall additionally provide the following pertaining to the preceding reporting period March 1 through end of February: a. Copies of internal reports of responses to pipeline emergencies, as pipeline emergency is defined in this article. b. Currcnt operations and maintcnancc manual. sb. Current emergency plan or planning manual. The annual safety report letter shall be submitted with respect to all pipelines owned or operated by the designated owner or operator, which pipelines are existing at the effective date of adoption of this article. The safety report letter and verification shall be executed by an officer or a person who is authorized to sign such safety report letter and make verification. The prescribed form of the verification on the safety report letter shall read: (5) Verification I, (name) , (title) , of (owner/operator) , am authorized to make and have made the foregoing annual safety report letter to the City of Corpus Christi under that City's Emergency Response Ordinance. Any attachments made to this letter are true and correct copies of originals and the information provided in this letter is true and correct to the best of my knowledge and is information based upon the standard of inquiry and investigation as would be made by a reasonably prudent pipeline owner or operator within the City's jurisdiction. Signature of officer or owner/operator STATE OF TEXAS § COUNTY OF [place safety report letter is made] The foregoing annual safety report letter was sworn to and subscribed before me by (signatory of letter) on this day of 420 Signed: Notary Public for the State of Texas 5 Printed name: My commission expires: (d) An annual fee in the amount of one hundred twenty-five dollars ($125.00) for administrative costs shall be remitted by each operator or owner for each pipeline on or before March 31 of each year with the annual safety report letters required in section 35-147 paragraph (c). No singlc owncr or operator shall be rcquircd to pay morc than one thousand dollars ($1,000.00) in administrativc costs for the first ycar of this reporting requirement, which report shall be due March 31, 199,1. (e) A copy of all initial or follow-up reports provided to the U.S. Department of Transportation or the Texas Railroad Commission on unsafe pipeline conditions, pipeline emergencies, or pipeline incidents within the city's jurisdiction must be concurrently filed with the Emergency Management Officecity manager. In addition, any initial or follow-up reports filed with state and federal environmental regulatory agencies pertaining to pipeline releases within the city's jurisdiction which threatened to impact the environment, public health or safety, must be filed concurrently with the Emergency Management Officecity manager. Upon request the pipeline owner or operator will provide the Emergency Management Office city manager other documents for review which are required for submittal to or to be maintained on file for the U.S. Department of Transportation and the Texas Railroad Commission such as: (1) Operations and maintenance manuals. (2) Employee training records. (3) Annual inspection reports. (4) Repair records. (5) Operating records. (6) Insurance policy. In the case of unregulated pipelines, the city manager or designee may request any such other information he may in his discretion deem necessary to the best interests of the city and to the necessary protection of public health, safety, and welfare. (f) Sec. 35-148. - Incident reporting—Emergencies. (a) Upon the discovery of a pipeline emergency the following communications are to be initiated by the affected pipeline owners or operators: (1) Immediately contact the City of Corpus Christi 911 in cases of injury or imminent danger to health or safety, and report the incident while indicating 6 what emergency response assistance appears to be required. In reporting the incident provide the following information: a. A general description of the incident; b. The location of the incident; c. The name and telephone number of the person reporting the incident; d. The name of the pipeline owner or operator; e. Whether or not any hazardous material is involved, identify the material; f. Any other information as requested by the dispatcher. (2) The pipeline owner or operator shall contact any other emergency response groups that are necessary which may not be activated through the City of Corpus Christi 911 system. The pipeline owner or operator is to contact the local emergency planning committee (LEPC)Crisis Management Dispatch no later than one (1) 2 hours after the discovery of the incident at (512 88/1 8512), or successor telephone number of the LEPC(361) 885-7000. (3) _Scc. 35 1/19. Samc Noncmcrgcncy Icaks. .- A. Nonemergency pipeline leaks which are required to be reported to the U.S. Dcpartmcnt of Transportation or to thc Tcxas Railroad Commis ion shall also bc rcportcd to thc local cmcrgcncy planning committcc (LEPC). Lcaks of ccrtain matcrials shall bc rcportcd by contacting CCFD Station #9 (512 88'1 8512), or succcssor telephone number of the LEPC. Sec. 35 150149. - Emergency response plans. (a) Each pipeline owner or operator shall maintain written procedures to minimize the hazards resulting from an emergency. These procedures shall at a minimum provide for: (1) Prompt and effective response to emergencies including: a. Leaks or releases which can impact public health or safety. b. Fire or explosions at or in the vicinity of a pipeline or pipeline facility. c. Natural disasters. (2) Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency. (3) The availability of personnel, equipment, tools, and materials as necessary at the scene of an emergency. (4) Measures to be taken to reduce public exposure to injury and probability of accidental ignition. (5) Emergency shutdown and pressure reduction of any section of a pipeline system. (6) The safe restoration of service following an emergency. (7) A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures. (b) Each pipeline owner or operator shall meet annually with representatives of the City of Corpus Christi fire department, police department, and the emergency management office to review emergency response plans. These reviews will be in accord with U.S. Department of Transportation and Texas Railroad Commission requirements and the owner or operator will: (1) Furnish or update a copy of the emergency response plan described in section 35-150(a). (2) Review the responsibilities of each governmental organization in response to an emergency. (3) Review the capabilities of the owner or operator to respond to an emergency. (4) Identify the types of incidents which will result in or require contacting the city. (5) Plan mutual activities that the city and the owner or operator can engage in to minimize risks associated with pipeline operation. At this meeting the City of Corpus Christi will provide the pipeline owner or operator with a list of additional contacts which should be made in the event of a pipeline emergency. The city will inform the pipeline owner or operator of the emergency response groups that will be contacted through 911. Sec. 35 151150. - One call system. (a) The owner or operator of any pipeline which transports gas, hazardous liquids, or chemicals located in the city's jurisdiction shall bclong to a spccifically dcsignatcd undcrground utility coordinating systcm. Thc coordinating systcm shall bc the local cmcrgcncy planning committccbe a member of a recognized one call planning committcc. Thc scicctcd undcrground utility coordinating systcm may bc 8 different that the one (1) used by the city for other underground utility services such as the LDC. (b) 48 hours pRrior to beginning any excavation, trenching, or digging using powered equipment or hand tools which may damage a pipeline, any person within the city's jurisdiction shall be required to contact all the appropriate underground utility coordinating systcmsone call system and determine if there are any pipelines or public utilities in the vicinity of the proposed activities. (c) If physical contact is made with a pipeline during any excavation, trenching or digging, the pipeline company must be notified by the person or agency making the physical contact with the pipeline for any necessary pipeline inspection or repairs. Sec. 35-152. - Pipeline repairs and maintenance. (a) All repairs and maintenance are to be done in accord with U.S. Department of Transportation, Texas Railroad Commission mechanical integrity requirements. This requirement applies to all pipelines covered by this article, unregulated as well as those operating under state and federal rules. (b) If nonemergency repairs necessitate excavation of the pipeline, prior notification is required to occupants of business establishments and residential dwellings located within three hundred (300) feet from the centerline of the situs of the pipeline excavation; however, if nonemergency repairs require excavation of a pipeline located within twenty-five (25) feet of another pipeline. prior Prior notice obligations shall be enlarged from three hundred (300) feet to five hundred (500) feet for locations occupied by more than twenty (20) buildings intended for human occupancy or well-defined outside recreational areas or other places of public assembly. (c) Above ground nonemergency repairs that are not routine maintenance necessitate prior notification to occupants of businesses and residential dwellings within one hundred (100) feet from the centerline of the pipeline section to be repaired. (d) Without limitation of the methods of giving the notice required in subsections (b) and (c) hereofthe leaving of a written notice on the front door of a residence or business establishment. or the posting of a written notice at the entry or four (4) corners of any recreational area or place of public assembly to be noticed shall be deemed compliance with this section. Sec. 35 4-5-3151. - New pipelines. (a) At least forty-five (45) days prior to the scheduled commencement of the construction of a new pipeline, the pipeline owner or operator shall notify the city managcrFire Chief, or his designee, of its intention to construct the pipeline and shall submit the following information: 9 (1) The name, business address, and telephone number of the pipeline owner and operator. (2) The names, titles, and telephone numbers of the following persons: a. The person submitting the information, b. The person designated as the principal contact for submittal information, c. The person designated as the twenty -four-hour emergency contact, d. The person or firm which will operate the pipeline. (3) The origin point and the destination of the segment of the pipeline. (4) A description of the substance to be transported through the pipeline. A copy of the substance material safety data sheet (MSDS) shall be included with the submittal. (5) The maximum allowable operating pressure on the pipeline as determined according to U.S. Department of Transportation and Texas Railroad Commission procedures. (6) The normal operating pressure range of the pipeline. (7) Engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline covering depths, and location of shutoff valves. (Location of shut off valves must be known in order for emergency responders to clear area for access to valves.) To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities which will be crossed or paralleled within five (5) feet. (8) A description of the consideration given to matters of public safety and the avoidance, as far as practicable, of existing inhabited structures and congregated areas. (9) Detailed cross section drawings for all public street right-of-way and easement crossings. (10)The design criteria under which the pipeline will be constructed. (b) Within thirty (30) days following notification to the city, the director of engineering services, emergency management coordinator, city manager or his designee, and the pipeline owner or operator shall informally review for completeness and make technical comment on the submitted new pipeline information. At that time city staff shall make comments related to conditions or requirements under the City of Corpus Christi licensingrevocable easements policy on the pipeline use of public property. (c) At the time of notification to the city of the intent to construct the pipeline, the pipeline owner or operator shall give notice that the information provided in section 35-153 paragraph (a) is available to the public. Notice to the public shall be made in the daily local newspaper having the largest circulation in Corpus Christi. Notice 10 shall be provided in the public notice section of at least five (5) successive issues and include the following information: (1) General description of planned activity. (2) Proposed pipeline construction area. (3) Type of material to be transported. (4) Pipeline owner or operator. (5) Location of proposed pipeline information for public review. (6) Scheduled location and time for new pipeline information meeting. In addition, an announcement of the scheduled location and time for the public information meeting shall be published concurrently in the local news section of two (2) successive issues of said newspaper in a size not less than two (2) columns by two (2) inches. (d) The public may review the proposed pipeline information made available pursuant to section 35-153(c) for a period of fourteen (14) days following the publication of the first public notice and submit comments, if any, within such period to both the director of engineering services and the pipeline owner or operator. (e) Within twenty (20) days of notification to the city of the intent to construct the pipeline, the pipeline owner or operator shall conduct a public information meeting. At this meeting the owner/operator shall review the proposed construction and operation of the new pipeline. Following the public review period, but not more than forty-five (45) days following notification to the city of intent to construct a new pipeline, the pipeline owner/operator shall meet with the director of engineering services to review any public comments. If there are no substantive, nonresolvable technical issues, construction of the pipeline will proceed. If there are substantive, nonresolvable technical issues concerning matters that do not fall within the exclusive jurisdiction of the department of transportation or the Texas Railroad Commission, an administrative hearing shall be held within fourteen (14) days as provided in subsection (g) below. An administrative hearing shall be conducted to seek resolution of any substantive, nonresolvable technical issues. The hearing will be conducted before the pipeline review panel [see subsection 35-153(h)]. A quorum of at least three (3) pipeline review panel members must be present to conduct the hearing with at least one (1) of the panel members present at the hearing having emergency management/LEPC expertise. The pipeline review panel will render a decision within seven (7) days of the date of such hearing. (h) The city council shall appoint five (5) persons to the pipeline review panel four (4) of whom shall have technical expertise in the construction, maintenance, or operation of pipelines, at least one (1) of which shall have emergency management experience, and the additional person shall be a community representative. Personnel of the city's emergency management office will supply staff support to the (f) (g) 11 (i) panel. Each member of the pipeline review panel shall be appointed for a term of two (2) years and until his successor is appointed. All pipelines will be constructed repaired, and/or replaced in compliance with all statutory or regulatory requirements of the U.S. Department of Transportation and the Texas Railroad Commission. (j) The pipeline owner or operator will give notice of the commencement of pipeline construction to all residents and business establishments that are within three hundred (300) feet of the proposed centerline of the pipeline, but not less that forty- eight (48) hours prior to commencement of construction. (k) Upon completion of pipeline construction the pipeline owner or operator shall provide the city with as -built pipeline drawings within one hundred twenty (120) days. Accuracy of as -built drawings shall meet a survey level of one (1) foot to fifty thousand (50,000) feet. The drawings shall also be supplied in a DXF computer f+4eworkable electronic document with the location tied to one (1) nearby GPS (Global Positioning System) city monument. If the new pipeline length exceeds one thousand (1,000) feet within the city or its jurisdiction, the pipeline should be tied to at least two (2) GPS city monuments. (I) Any change in service of a pipeline not previously addressed by this article to gas, hazardous liquid, or chemical service must be reviewed in accordance with the new pipeline review procedure outline in subsections 35-153(a)—(g) as if it were new pipeline construction. (m) The city manager or his designee has the authority under this article to modify any of the procedural requirements in section 35-153 if it is in the best interest of the City of Corpus Christi. Sec. 35 15'1152. - Pipeline markers and security. (a) In accordance with U.S. Department of Transportation and Texas Railroad Commission requirements, pipeline owners or operators are to place and maintain permanent line markers as close as practical over the pipeline(s) at each crossing of a public street, railroad or navigable waterway. Marker(s) will also be maintained along each pipeline(s) that is located above ground in an area accessible to the public. The markers shall be of permanent type construction and contain labeling identifying the: (1) Pipeline owner or operator. (2) Twenty -four-hour contact telephone number. (3) A broad description of the product transported in the pipeline. (b) Line marker(s) shall not be required over pipelines located offshore or under inland navigable waterways. Marker(s) for these lines shall be located as close as practical to the shore/vegetation line of these waters. 12 (c) No person shall tamper with, deface, damage, or remove any pipeline marker, or tamper with or operate any pipeline shut-off valves, except the pipeline owner or his duly authorized agent, within the city's jurisdiction. (d) Upon the specific written request of the owner of a residential property, the pipeline owner or operator shall install temporary pipeline markers to reduce the possibility of pipeline damage or interference. (e) No person shall excavate within pipeline right-of-way without compliance with the Texas "One -Call" Statute (Chapter 251, Texas Utility Code). No person shall construct within pipeline right-of-way without compliance with the statute governing construction in pipeline right-of-way (Chapter 756, subchapter G, Texas Health and Safety Code). (f) Scc. 35 155. Inactivc and idlcd pipclincs. (a) Inactivc pipclincs. (1) All rcporting rccords spccificd in scction 35 1'17 of this articic shall bc maintaincd on inactivc pipclincs. (2) Inactivc pipclincs shall bc purgcd of gas, hazardous liquids, and chcmicals, and physica+solatcd. Thcsc pipclincs shall bc maintaincd to prcvcnt dctcrioration. (3) The mcans uscd to physical FSolatc thc inactivc pipclinc shall bc includcd in thc information rctaincd on filc for rcporting as spccificd in scction 35 1/17. (b) Idlcd pipclincs. (1) An cntry shall bc madc to thc rcquircd rcporting rccords in scction 35 1117 that thc pipclinc has bccn idlcd. (3) Rcactivation of idlcd pipclincs shall rcquirc notification to thc cmcrgcncy managcmcnt coordinator, thc city's dircctor of planningdcvclopmcnt scrviccs, and thc city's dircctor of enginccring scrviccs. Includcd in thc notification shall bc any updatcs to the pipeline information required in section 351/17. Rcactivation shall require pressure tcsting for integrity and compliance with U.S. Dcpartmcnt of Transportation rcgulations. Sec. 35 4-5-6153. - Public education. In keeping with the Natural Gas Pipeline Safety Act of 1968, 49 CFR 192.614, Damage Prevention, 192.615 Emergency Plans, the Hazardous Liquids Pipeline Safety 13 Act of 1979, 49 CFR, 195.408, Communications, 195.440, Education, and the Community Right -to -Know Act: (1) Each pipeline owner/operator shall maintain a public education program which is communicated to residents and business establishments within six hundred sixty (660) feet of the centerline of a pipeline. (2) Pipeline information communicated to residents and business establishments shall contain the following subjects: a. Pipeline location. b. Material transported within the pipeline. c. Pipeline markers. d. How to recognize a pipeline leak. e. How to report a pipeline leak. f. Contact information regarding underground utility systems g. Additional requirements for excavations near pipelines. h. Response needs during a pipeline emergency, including instructions for sheltering in place. Public education information will be communicated at least biannually in both English and Spanish. (3) Sec. 35 157154. - Violations of article. (a) Any owner or operator of a pipeline subject to this article, who shall have failed to comply with this article, shall be deemed to maintain a nuisance. (b) It shall be a violation of this article for a person to knowingly make a misrepresentation of any information to be reported under this article. It shall also be a violation of this article if the person makes such misrepresentation as a result of failure to exercise such due diligence of investigation or inquiry as would a reasonably prudent pipeline owner or operator conducting his business within the city's jurisdiction. (c) Each violation of any section, subsection, or part of this article shall be a separate offense. Each day of ongoing violation shall be a separate offense, and shall carry with it a fine of not less than one thousand dollars ($1,000.00) per day nor more than two thousand dollars ($2,000.00) per day. (d) The city shall be entitled to injunctive relief in a court of appropriate jurisdiction to prevent violation of or to compel compliance with this article. 14 Sec. 35 158155. - No grant of city easement; no assumption of responsibility by city. (a) Nothing in this article grants permission for the use of any street, way, or property of the city, and any such use shall be subject to consent of the city at its sole discretion. (b) Nothing in this article shall be construed as an assumption by the city of any responsibility of an owner or operator of a pipeline not owned by the city, and no city officer, employee or agent shall have authority to relieve an owner or operator of a pipeline from their responsibility under this article or any other law. Sec. 35 4-5-9156. - Effect of other laws. The provisions of this article shall be subject to any federal and state legislation, rules, or regulations presently or hereafter enacted or adopted to the extent that said laws and regulations preempt or supersede the authority of the city with respect to this article or provision hereof. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. 15 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor 16 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of April 25, 2017 Second Reading Ordinance for the City Council Meeting of May 9, 2017 DATE: 04/04/2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services JulioD@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for Palm Land Investments Inc., for the construction of wastewater collection line extension located south of Holly Road and east of Rodd Field Road CAPTION: Ordinance authorizing city manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $14,724.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Palm Land Investments Inc., is required to install 1374 linear feet of an oversize 12 -inch wastewater collection line extension in order to provide adequate wastewater to a proposed residential subdivision development. The subdivision is located south of Holly Road and east of Rodd Field Road. BACKGROUND AND FINDINGS: Per UDC Section 8.5.2.E.2 Credits and Reimbursements, Palm Land Investments Inc., is requesting a Reimbursement Agreement for the development of approximately 9.497 acres of land Situated in Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts as shown on the final plat. The subdivision is located south of Holly Road and east of Rodd Field Road. The development requires the extension of 1374 linear feet of 12 -inch wastewater collection line extension in order to provide adequate wastewater to the property. A layout of existing and proposed improvements is included as Exhibit 3. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed residential development and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.2.E.2 Credits and Reimbursements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,227,605.99 Encumbered / Expended Amount $24,601.86 This item $14,724.00 BALANCE $1,188,280.13 Fund(s): Sanitary Sewer Collection Line Trust Fund 4220-21801-777-540450 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with Agreement Location Maps Ordinance authorizing city manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $14,724.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the extension of an 12 -inch sanitary sewer collection line, including all related appurtenances, for the development of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, known as Sandy Creek Townhomes, Block 1, Lot 1, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $14,724.00 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the sanitary sewer collection line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Palm Land Investments Inc., ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on January 11, 2017 to develop a tract of land, to wit: approximately 9.497 acres of land Situated in Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, known as Sandy Creek Townhomes, Block 1, Lot 1, located south of Holly Road and east of Rodd Field Road, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of a portion of the Developer/Owner's costs for the construction of the Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 1374 linear feet 12 -inch PVC pipe; Page 1 of 8 2. Install 1374 linear feet trench safety; 3. Install four (4) 4 -foot diameter manholes (5-10 feet depth); 4. Install two (2) 4 -foot diameter manholes (10-15 feet depth); 5. Connect to existing 12" Sanitary Sewer Stub; 6. Install six (6) 8" Sanitary Sewer Plug 7. Install one (1) 12" Sanitary Sewer Plug b. The Wastewater Extension begins at the new proposed wastewater manhole at the southeast corner of Flour Bluff and Encinal Farm Garden Tract 60.18 acre tract and extend approximately 1,902 linear feet east along the south side of Los Arboles at Terra Mar Unit 2 and Monte Verde at Terra Mar Unit 2 Subdivisions. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by April 03, 2018. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Page 2 of 8 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before April 03, 2018. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Page 3 of 8 Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Palm Land Investments, Inc. Attn: Dan Caballero 5949 La Costa Drive Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Page 4 of 8 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $14,724.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST Page 5 of 8 ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 9.497 acres of land Situated in Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, known as Sandy Creek Townhomes, Block 1, Lot 1, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Samuel Selman Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2017. Buck Brice, Assistant City Attorney For the City Attorney Page 6 of 8 ORALIA TREVINO Notary ID 0: 13081402-9 My Commission Expires 09/088020 STATE OF TEXAS, COUNTY OF 1`ittS § OWNER: Palm Land Investments, Inc. By. n Cadallero, President This instrument was acknowledged before me on ,4 Iri l , 2017, by Dan Caballero, President, Palm Land Investments, Inc., a Tej'as Corporation, on behalf of said corporation. A 1.44 afary Public's Signature Page 7 of 8 ORALIA TREVINO Notary ID 1:13001402-9 My Commission Expires 0910812020 STATE OF TEXAS COUNTY OF 14a,te-es This instrument was acknowledged before me on Artr: ( (o , 2017, by Maria E. Caballero, Vice President, Palm Land Investment, Inc., a Texas Corporation, on behalf of said corporation. OWNER: Palm Land Investments, Inc. By: Maria E. Caballero, Vice President (a..- i.t tai ry Public' Signature Page 8 of 8 I .I.IIIIHX3 `° ¢� 9 t el E 20 6g 2st =SDI"i PGS? 1 ilii all 11 i lil !UPI 00;1 1 1 Ili 11 g2 t. -g e i :i ;:i :A: i:� a114: � e� � y r w 3 5 i2a€g Elg 10 ll I! Eiigi iiEi2 r c s I 01 1,1 121i R y�1 11 , � l A i 24 : 11 ,� �� g 11 a 113 ti a 2 r 1; G ai/ 2 1 iEl141a, r� 4� 7 S31Oti117213N3O r 1 11 i d z EAOIP s1511 s1:1 Eiji 411 q ggTPAAtI2 204EN 1104 g EV is m 41 Z. >n 00 • Q o▪ tA 90 2 NOISSISNINOa EJNINNVid a 23 f4 K �y e Ra 1 < vs IA= zig >° ▪ rIC Ord ' rir a,� 0 a� 11115 t 10 221 iig4,11ilia 31Va13111133 S.iUOA3Atif15 2 1 a FINAL PLAT Sandy Creek Townhomes BLOCK 1, LOT 1 WWI 9.497 ACRES OF LAND SITUATED IN LOT NO. 3. SECTION : 7. FLOUR BLUFF AND D'CINAL FA RM AND GARDEN TRACIS ACCORDING SSI THE ESTABLISHED MAP OR MT THEREOF AS RECORDED LN VOLUME' A', PAM 41 43 OF THE MAF RECORDS. NUECES COUNTY. TEXAS. �4> F4 et Ack ♦ e n g i n e e r i n g 2004 N. Commerce VIC arla. Texas 77801 TREFII F•160 Td 061 578-8836 Fax (367) 576-9635 www.Rrbanriclarla.mm aT I S ' .4 ti cw F 4 r, El -harmer' 1.11:11Y 1 r, _L w Y renew. nl4r1 1-J I e s I 8 8 —Kt - 2 g s - 4 111 Bxa'3t0O"1 386.00' dR LT l- sre .441.e9e.ar -rr 11-0,11.11m, I Z fr, WM. 61 1.1111111 _2..4 r 1 'll'- 1, • y I,� I 1:111T-1 - d -- 6-1 L i7r4rc-7ai1.T1'• Lar: 4.1-,17971 17 Ler F sa. nV.r L Df' • r3CTDN Ir ar r s:tr19N .. .r Oar OWINQ(AMA M7-% 112e•3a90"1Y 87800 4�ti1 Ire --E .7,e C J 4 Haat DR. s� 1 0 11 Y r ag a FINAL PLAT c▪ Bandy Creek Townhomes .�F ® BLOCK 1, LOT 1 �9SgA r W [AHO SITUATED IN LOT N0.3, SECTION 27, FLOUR BLUFF AND L7ICINAL FARM AND RDO4O TO THE ESrABFUS}ED MAT OR PLAT TFIEREOP AS RECORDED IN VOLUME'*'. PAGE'S 41.43 OF THE MAP RECORDS•AVECFS COUNTY, TERAS, �..►tiek Sengineering 2004 N. Commerce YleOrle, Telae 77901 TREFN F-160 Tel (391)978.9836 Fax 081 578-9836 % wwO,balwi tore.mm :;o > '-'c 111 j -Elul00 ZEE 311 1 1,1 zrl1x ! ',RM. r .S AP r is I ii 1 • i� G . ii -1 I+ r .1 F 4 r, El -harmer' 1.11:11Y 1 r, _L w Y renew. nl4r1 1-J I e s I 8 8 —Kt - 2 g s - 4 111 Bxa'3t0O"1 386.00' dR LT l- sre .441.e9e.ar -rr 11-0,11.11m, I Z fr, WM. 61 1.1111111 _2..4 r 1 'll'- 1, • y I,� I 1:111T-1 - d -- 6-1 L i7r4rc-7ai1.T1'• Lar: 4.1-,17971 17 Ler F sa. nV.r L Df' • r3CTDN Ir ar r s:tr19N .. .r Oar OWINQ(AMA M7-% 112e•3a90"1Y 87800 4�ti1 Ire --E .7,e C J 4 Haat DR. s� 1 0 11 Y r ag a FINAL PLAT c▪ Bandy Creek Townhomes .�F ® BLOCK 1, LOT 1 �9SgA r W [AHO SITUATED IN LOT N0.3, SECTION 27, FLOUR BLUFF AND L7ICINAL FARM AND RDO4O TO THE ESrABFUS}ED MAT OR PLAT TFIEREOP AS RECORDED IN VOLUME'*'. PAGE'S 41.43 OF THE MAP RECORDS•AVECFS COUNTY, TERAS, �..►tiek Sengineering 2004 N. Commerce YleOrle, Telae 77901 TREFN F-160 Tel (391)978.9836 Fax 081 578-9836 % wwO,balwi tore.mm APPLICATION FOR WASTEWATER REIMBURSEMENT We, Palm Land Investments, Inc. a Texas Corporation, located at 5949 La Costa Drive, Corpus Christi, Texas, 78414, owners and developers of proposed Sandy Creek Townhomes, hereby request reimbursement of $14,724.00 for the installation of the 12 - inch SDR -26 PVC wastewater collection line in conjunction with said subdivision, as provided for by City Ordinance No. 17396. $554,296,00 is the construction cost, including 7.5% Engineering and Surveying, as shown by the cost supporting documents attached herewith. 3--(99-0 D. Caballero, President Date Palm Land Investments, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day ORALIA TREVINO HotarY W 9:13091402-9 My Commission Expires 0918812920 of / LaJc44 , 2017, by Dan Caballero, President of Palm Land Investments, jt-ic., a Texas Corporation, on behalf of the said corporation /1 o ary Public in did for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Ratna Pottumuthu, P.E. Date Development Services Engineer Exhibit 2 Page 1 of 2 APPLICATION FOR WASTEWATER CREDIT We, Palm Land Investments, Inc. a Texas Corporation, located at 5949 La Costa Drive, Corpus Christi, Texas, 78414, owners and developers of proposed Sandy Creek Townhomes, hereby apply for $14,924.50 credit towards the wastewater acreage fee for the 12 -inch SDR -26 PVC wastewater collection line in conjunction with said subdivision as provided for by City Ordinance No. 17396. $554,296.00 is the construction cost, including 7.5% Engineering and Surveying, as shown by the cost supporting documents attached herewith. 3"a9 -l.7 Dan Caballero, President Date Palm Land Investments, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § ORALIA TREVINO Notary ID 3:13031402-9 My Commission Expires 09/08/2020 This instrument was acknowledged before me on this day 'sof /TZaxe , 2017, by Dan Caballero, President. 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F... mm m[r� .tro ;Ix p ii I P 1I8IHX3 co zN a n xiz mui mm m m0 c C m Cl) z ri O , f 7.•/;,, b,ircttc __ EINEM MEM =M 1=11E111 111111111111 :1 111111111111 111111111111x1 ENN S JOSLIN RD SILVER SANDS DR LEXINGTON RD Exhibit 4.1 URBAN ENGINEERING Project Cost Estimate Sandy Creek Townhomes - Block 1, Lot 1 GENERAL ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 1 Mobilization, Insurance, and Other Move -In Related Expenses (Max 5% of Base Bid) 1 ...0 20,000.00 $ 20,000 00 2" Storm Water Pollution Prevention (Install. maintain and remove BMP's required by tho SW3P) 1 LS S 11,000.00 $ 11,00000 3 Construction Staking (Owner will provide hubs at property comers, one time, prior to construction. All other staking will be by contractor ) 1 LS $ 19,000.00 $ 19,000 00 SUBTOTAL $ 50,000.00 SITE PREPARATION ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 4. Off -Site Excavation (Drainage Ditch) 7030 CY 5 7.00 $ 49,210 00 SUBTOTAL $ 49,210.00 WATER SYSTEM ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 5. Water Main (8" C-900 PVC) 4,903 LF $ 32,00 $ 156,898.00 6. Water Main (2" Temporary Line) 180 LF $ 20,00 $ 3,600.00 7 Fire Hydrant Assembly (Includes Tee, 6" Valve, 6" Lead & Hydrant) 11 EA 5 4,200.00 S 48,200.00 8. Gate Valve (8") 23 EA 5 1,500.00 $ 34,500 00 9. Fitting (8" x 8" Tee) 8 EA $ 700.00 5 5,60000 10. Fitting (8" Bend) (90 deg) 7 EA $ 600.00 $ 4,200 00 11. Fitting (8" Bend) (45 deg) 2 EA 5 600.00 $ 1,200.00 12. Fitting (8" Bend) (45 deg) (Vertical) 10 EA S 600.00 5 6,000.00 13. Fitting (8" Plug) 8 EA $ 500.00 5 4,000.00 14. Service Saddle & Gate Valve (8" x 2") 2 EA S 250.00 $ 500 00 15. Water Service (Short Side 3 -way) (3/4") 2 EA 5 1,600,00 $ 3,200 00 16. Water Service (Long Side 3 -way) (3/4") 2 EA $ 1,700.00 $ 3,400 00 17. Water Service (Short Side Double) (1" to Dbl 314") 14 EA $ 1,200.00 $ 16,800 00 18. Water Service (Long Side Double) (1" to Dbl 3/4") 10 EA $ 1,300,00 $ 13,000 00 19. Water Service (Short Side Single) (314") 2 EA 5 800.00 S 1,600.00 20. Water Service (Long Side Single) (3/4") 5 EA $ 900.00 5 4,500.00 21. Locate & Connect to Existing Water Stub -Out (8") 2 EA $ 1,200.00 5 2,400 00 SUBTOTAL $ 307,696.00 SANITARY SEWER SYSTEM ITEM 9 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 22 Sanitary Sewer Main (8" SDR -26 PVC) (5'-10' Cut) 53 LF 5 45 00 $ 2,385.00 23 Sanitary Sewer Main (8" SDR -26 PVC) (10'-15' Cul) 13 LF 5 50.00 5 650.00 24. Sanilary Sewer Main (12" SDR -26 PVC) (5' 10' Cul) 1,079 LF 5 65.00 $ 70,135.00 25 Sanitary Sewer Main (12" SDR -26 PVC) (10'-15' Cut) 295 LF $ 70.00 $ 20,650.00 26. Sanitary Sewer Manhole (4' Dia) (5'-10') 4 EA $ 6,000.00 5 24,000.00 27 Sanitary Sewer Manhole (4' Dia) (10'-15') 2 EA $ 7,000.00 5 14,000.00 28 Sanitary Sewer Plug (8") 6 EA $ 100,00 $ 600 00 29 Sanitary Sewer Plug (12") 1 EA $ 200.00 $ 200.00 30 Sanitary Sewer Service (4") (Short Side Single) (Shallow Cut Connection) 11 EA 5 850.00 5 9,350.00 31 Connect to Existing 12" Sanitary Sewer Stub 1 EA $ 1,200.00 $ 1,200.00 32 Trench Excavation Protection (Required for > 5' Cut) 1,440 LF 5 3.00 $ 4,320.00 SUBTOTAL $ 147,490.00 TOTAL BID $ 554,296.00 HOLLY RD \\N\ 684. AA.\\ \ LEXINGTON RD 1374 LF - 8' GRAVITY SANITARY SEWER MAIN DITCH 429 cat'1 SANDY CREEK TOWNHOMES SANITARY SEWER REIMBURSEMENT EXHIBIT 4.2 4.engineering URBAN 2064 N. Comm= Victoria. Texas 77901 TREF6 F•160 11137616616 1 579.6638 Fn 13. X361 678-0836 rrMwaa6�nlceoel�mm ... sir_W..Paw r Exhibit 4.2 URBAN ENGINEERING Project Cost Estimate Sandy Crank Townhomes - Block 1, Lot 1 GENERAL ITEM Si DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 1 Mobilization, Insurance, and Other Move -In Related Expenses (Max. 5% of Base Bid) 1 LS $ 20,000.00 $ 20,000 00 2 Storm Water Pollution Prevention (Install, maintain and remove BMP's required by the SW3P) 1 LS $ 11,000,00 $ 11,000 00 3. Construction Slaking (Owner will provide hubs at property comers, one time, prior to construction. Ail other staking will be by contractor.) 1 LS $ 19,000.00 5 19,000.00 SUBTOTAL $ 50,000.00 SITE PREPARATION ITEM 9 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 4. OH -Site Excavation (Drainage Ditch) 7030 CY $ 7.00 $ 49,210 00 SUBTOTAL $ 49,210.00 WATER SYSTEM ITEM 9 DESCRIPTION QUANTITY UNIT UNIT PRICE EX NDED PRICE SUBTOTALS 5. Water Main (8" C-900 PVC) 4,903 LF $ 32,00 3 158,898.00 6. Water Main (2" Temporary Line) 180 LF $ 20,00 $ 3,600.00 7 Fire Hydrant Assembly (Includes Tee, 6" Valve, 6" Lead 8 Hydrant) 11 EA $ 4,200.00 $ 46,200 00 8. Gate Valve (8") 23 EA $ 1,500.00 $ 34,500 00 9. Fitting (8" x 8" Tee) 8 EA $ 700.00 S 5,600 00 10. Fitting (8" Bend) (90 deg) 7 EA $ 600.00 $ 4,200 00 11. Fitting (8" Bend) (45 deg) 2 EA $ 600.00 5 1,20000 12. Fitting (8" Bend) (45 deg) (Vertical) 10 EA $ 600.00 5 6,000 00 13. Fitting (8" Plug) 8 EA 5 500.00 5 4,000 00 14. Service Saddle & Gate Valve (8" x 2") 2 EA $ 250.00 $ 500.00 15. Water Service (Short Side 3 -way) (314") 2 EA $ 1,600.00 5 3,200.00 16. Water Service (Long Side 3 -way) (3/4") 2 EA $ 1,700.00 $ 3,400 00 17. Water Service (Short Side Double) (1" to DbI 314") 14 EA 5 1,200.00 $ 16,800 00 18. Water Service (Long Side Double) (1" to DhI 3/4") 10 EA 5 1,300.00 $ 13,000 00 19, Water Service (Short Side Single) (3/4") 2 EA 5 800.00 $ 1,600 00 20. Wafer Service (Long Side Single) (314") 5 EA $ 900.00 3 4,500.00 21. Locate 8 Connect to Existing Water Stub -Out (8") 2 EA $ 1,200.00 S 2,400 00 SUBTOTAL $ 554,296.00 Exhibit 4.2 Subtotal $ 526,716 00 Subtotal Difference $ 307,596.001 SANITARY SEWER SYSTEM ITEM C DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 22. Sanitary Sewer Main (8" SDR -26 PVC) (5'-10' Cul) 1,132 LF $ 45.00 5 50,940.00 23. Sanitary Sewer Main (8" SDR -26 PVC) (10'-15' Cut) 308 LF $ 50.00 $ 15,400,00 24. Sanitary Sewer Main (12" SDR -26 PVC) (5'-10' Cut) 0 LF $ 65.00 5 - 25. Sanitary Sewer Main (12" SDR -26 PVC) (10'-15' Cul) 0 IF $ 70.00 5 - 26. Sanitary Sewer Manhole (4' Dia.) (5'-10') 4 EA 5 6,000,00 $ 24,000.00 27. Sanitary Sewer Manhole (4' Dia.) (10'-15') 2 EA $ 7,000.00 $ 14,000.00 28. Sanitary Sewer Plug (8") 7 EA $ 100.00 $ 700.00 29. Sanitary Sewer Plug (12") 0 EA $ 200,00 5 - 30. Sanitary Sewer Service (4") (Short Side Single) (Shallow Cut Connection) 11 EA $ 850.00 5 9,350,00 31. Connect to Existing 12" Sanitary Sewer Stub 1 EA $ 1,200.00 5 1,200,00 32. Trench Excavation Protection (Required for> 5' Cut) 1,440 LF $ 3.00 $ 4,320.00 SUBTOTAL $ 119,910.00 TOTAL BID $ 526,716.00 Exhibit 4.1 Subtotal $ 554,296.00 Exhibit 4.2 Subtotal $ 526,716 00 Subtotal Difference $ 27,580.00 Engineering (7.5%) S 2,068.50 Total Eligible for Credit/Reimbursement $ 29,648.50 Wastewater Infrastructure Acreage Fee - Sandy Creek Townhomes (9.50 ac x $1571lac) $ (14,924.50) TOTAL WASTEWATER CREDIT $ (14,924.50) TOTAL WASTEWATER REIMBURSEMENT $ 14,724.00 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall famish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence : aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. ProfessionaI Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph 110f This Exhibit S500,000 $500,0001$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "AIl States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State ofTexas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereo f Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus . Christi City of Corpus Ch rCsti, Tr1124 Department of Development Services P.Q. Box 9277 Corpus Christi Texas 78-16Q-9277 (361) 826-3240 Located at 24116 Leopard Street (Corner of Leopard Si and Port Ave ) 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: Palm Land Investments, Inc_ STREET 5949 La Costa Drive CITY: Corpus Christi Zip: 78414 FIRM Is ® Corporation D Partnership D Sole Owner ❑ Association 0 Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 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 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 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person' Dan Caballero Title: President (Print) Signature of Certifying Person. ��% Date: c2 / �ea K 1OlivtLOPHEN1SVC SSI IAREDPLAND DEVELOPAtENT1ORDINAN':E ADMINISTRAT)OhMPPLICATION FOR1MSFORNIS AS PER LEGALL:012,DISCLOSIIRE OF INTERESTS srs7EA4ENTt27I2»uc =1.1 -silk..- Page 1 of 2 DEFINITIONS a. 'Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K. bEVELOPNIENTSVCSSIlARED LAND DEVELOP\1ENTORDINANCE AOMINISTRATIONLIPPLICATION FOA\ISFOR,MMS AS PER LEGAL2012'PISCLOSURE OF INTERESTS STATEMENT' .27,2.DOC Exhibit 6 Page 2 of 2 Ocid 2013020672 NOTICE OF CONFIDENTIALITY RIGHTS: 1F YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST !N REAL PROPERTI BEFORE IT 15 FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Effective Date: May 24, 2013 Grantor: MARGO LYN MOORE, as her sole and separate property, joined pro forma by her husband, Royston Williams Moore, Jr. Grantee: PALM LAND INVESTMENTS, INC., a Texas corporation Grantee's Mailing Address: Palm Land Investments, Inc 5949 La Costa Corpus Christ -s, Texas 76414 Consideration: TEN AND NO/100 DOLLARS and other good and valuable conside-ation. Property (including improvements): i) 4 ac -es more or less, more particularly described In attached Exhibit "A", and ii) 55 26 acres: more or less, more particularly described in attached Exhibit "&" (collectively the "Property"). Reservations from and Exceptions b Conveyance and Warranty: 1) Grantor excepts from thls Special Warranty Deed a f valid and effective easements, rights-of-way and all recorded documents that affect the property; rights of parties in possession; any discrepancies, conflicts or shortages In area or boundary lines or encroachments or profusions or any overlapping of Improvements; visib e and apparent easements; and all laws, rules, ordinances and regulations of any governmental authority having jurisdiction. 2) Grantor reserves and excepts from this Special Warranty Deed all of Grantor's right, title and interest to oil, gas, casinghead gas, hydrocarbons, sulfur, geothermal steam, uranium, uranium ore, fissionable materials, Iron are, coal and all other minerals, ores and mineral substances of any nature regardless of the proximity of any such mineral to the surface of the ground and the procedures or methods necessary or desirable to remove, recover, mine or 1 391404.4359.013PP.B24 produce same, together with all royalty Interests, overriding royalty Interests, working (leasehold) interests, production payments, executive rights, rights to receive bonus, rentals and any other sum of money, and any and all other rights, titles and interests of any nature pertaining thereto, and Includina all wells, tubing, wellheads, casing, tanks, flowllnes and any other real or personal property perta'nsng thereto, and including ail production whether prior to or after to the date hereof that is now held in storage tanks and pipelines, and production sales proceeds and montes In any manner pertaining to the Property. Grantor specifically disclaims any representations, warranties, obligations or guaranties to Buyer of any kind or character, express or implied, with respect to the Property including, without limitation, (i) the value, status, quality or condition of the property, and (ii) compliance with any zoning, building, platting and other laws, ordinances and regulations of governmental authority and Grantee, it successors and assigns assumes any such compliance. Grantee. its successors and asslans, shall defend. indemnify, protect and hold harmless Grantor from anv and all liens, claims. demands. costs (inciudinsr but not limited to attorneys' fees, accountant's fees, enoineer's fees, consultant's fees and expert's fees), expenses, and damages as a result of any and all claims made by governmental authorities or private third parties regarding rollback taxes, zoning. building. platting ordinances and regulations involving the Property. Grantor, for the consideration, receipt of which is acknowledged, and subject to the duties, exceptions to conveyance and warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold unto Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs and legal representatives to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every party whomsoever lawfully claiming or to c aim the same cr any part thereof, by, through and under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. Th s conveyance is made with full substitution and subrogation of Grantee in and to al previous covenants and warranties made by any third party with respect to the Property or any part thereof or Interest therein. Granter is conveying and Grantee is accepting, the property In its "AS IS", "WHERE ?S" Physical condition, "WITH ALL FAULTS". Absolutely no warranties. expressed or Implied, are given by Grantor relating to the physical condition of the soil, 2 391404 4159 91JPF124 the improvements, or any other physical component of the property, and to the extent any such warranties are nevertheless deemed given, Grantee hereby waives same exceat where such waiver is expressly prohibited by law, Nothing In this paragraph shall effect or limit the warranties of title set forth In this deed". GRANTOR; y gil L n Moodr RoystWilliams s r Moore, Jr.3r. GRANTEE: Palm Land Investments, Inc., a Texas corporation, /J Danbailerd Tale: President 3 391404.4359.01.1PF.324 ACKNOWLEDGMENTS STATE OF TEXAS § This instrument was acknowledged before me on "Y)outiG{`t 2013, by Margo Lyn Moore. COUNTY OF NUECES SMELL ALLEN Notery Pnolle, Slate el Texas my Comm :tenEgplras 119,r391Z016 STATE OF TEXAS COUNTY OF NUECES § `R_Q9,ex� Noub1lc, State of Texas This instrument was acknowledged before me on 'Rout.), at -t 2013, by Roysrcin Will•arns Moore, Jr. in the capacity stated. SMELL ALLEN Notary Pottle, stats e1 Yews My Ccmmisslon Ent res pgmtltlt116 STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me an Dan Caballero in the capacity stated. JANELL ALLEN Notary Pi"_llc, Stela of Texas Lly Contrsls: on Expires 09/30!2016 1 c, State of Texas 2013, by tfr x.0 \A 1U),(\. n\. Nb:ic, State of Texas 't 3914044359.01 JPF.e24 _rot LT Las e.:• Pt AT:! N:XC. 4 milt r. r.S a7Ls Exhibit "A" BASS 'ELSE[ ENGINEERING, rt Re},. rasa, N. 1--!2 S crier 11.Fs ratan Na Inr113t•oC r �s nos o30 Car, •.I ChM,: TN %*.106 610' a3e6 29 2013 tel+ s .au 1:1•11:49. 16112% f141— 1,LX Fata!_ 1761 .'1 '''''•0,...r.... Field Nati CostriptIael 5r,np 4 Iran s=ua 04.r Ccpus C --Is'.. Nurcet County T.aas. out or the nor4i owner of Lot 3, Secnon 2i. Fleur 9..l a .d Endnai Fenn and Careen Trat:s as sho.m c0, Lh■ map therecf recorded h Volume 'A' at Pesos at — s' cue Map Records of Nut/es County. Tones and berg mora p.rtzutirly described Ir; ngIeI and bounds es follows BEC'NNINO ata 5:11 Inca Len rad found In the west line al Lot 3 and the current south rlphlat.way Una of Hotly Read, •.vhelnca the edpinel nerds earner of Lot 3 bears N 2L'ap de' a et 20.0 fesC THEM:1901'21'93 E wane the els:nesau:1i rrpnt.ct.9 a7lne of Hely Reed a o:s:sree of 43430 tattle eh ..on red safer the eastmest earner of this tract. THENCE 5 :£'38 57' E Imo Lel 3. del:ane. el 401 2.1 flat u a 5f6 nth Oat. tad let ler the south corner of Lids tree. TH=NCO N 2I' 13'10' W a distance e143S-22 11111d a 512 irteh iron rad pet In She r'arteosesI boundaryof Let 3 I'461.46,1161 ta-serar L`Js tract: THENCE N 25%.1993. 9 elan;, dsa norU7xest boundary of Lot 2.1 distance of 4011.21 lest to the POINT OF BEGINNING, lomenp a beet e.'nbraerne 4,10 acres, cIE i�tU11iL1Y S155.JR.-,�I ay 9as[.Jr., a P.L.S. .00 7' 3i1 �k ri}d ear•, u En..6 ,i r. Stn•. M 10,99 t sat.. Cala. Sawa dusk ha0 I:es7. U 3 Sandy trill, IYI a I..996: I.np l Ie; Lao ry r1 . 3 91404.43 5 9.61.. J PF. a 24 Exhibit "e" Property a I:eany 3:.:' ra P5_111. Lt. ry\I tct,tu PO RP I. ,.. Lr.•F {rvwt Fa!: s Aa..»sc.r 21r 211 act 11:1• Fon 141 art 4 0.it 11u,r.-r 6 -.rel r...t EAS5 & WELSH ENGINEERING 7 i eptii.trivu Nu. 0.52 5 trey Resistrelica N.. 105027.00 P.13 Hu. c.19 - Cora,* Chrl1L. Ta 704x2 5271 apA 29.2013 Pie. d Note OescipILan 51.717 a tragi 141:ated In Corpus Christi Nctcss County Texas. being eommisad of p02ions al Lata 1. 4 and 5. Section 27 Four 0 t1ff and Eneinsl Farm sod Gatdtn Tracts as ihowas on the map thareol recorded In '.'0.Wne "A al Pagel ext - 43 a L,a I$ap Records of Nuaces Caunry Tarsi and hung more panEcp'ar deserted by metes and bounds as foams. 850 NN •10 as a 51.nctn Iron rod found for the westmosl cornet of lot 3. Section 27 said grunt berg the southfr:7N corner oI Lot 2 Stohon 27 an4 dre 11Crdunolt comer of Mmnitrs',ar Estates Unit 3. as showman the mar) thereat recorded In Volume 57 at Page 330, said map records: Nis 445 'c atorg tner.crtlwsst iroun:ary of Lal 3 a 4:stance oi895 72 faetla a 18nuhx_1 =- cal Is :ha seal comer 0. a 4.53 acre tract cut d Lot 3, Section 27 - THENCE 5 81'13'1C- 5 a ds:ince of 435.32 fee: lo a 518 Incl hot /54 set for the south c5f/er of the 4.53 acre tract and an Interior corner of Ms frig, THENCE N23'38 57' W a distance of 45: 28 feet la a 19 Inch Iron rod set is the entrant south rights -way En. o: Hely Road 1c the most northerly comer of Ws tract, sad punt being the east corner of thea 9 acre traG, THENCE_ 581'2193"E along the existing south rtph4af-rwylne cf HcSy Rud a 6stance of 1549.70 feet to a 5r3 41_77 hc1 pad set for the 05110.21earner 01414 tad' Ce'vg the norWno3t corner c1 Los Anbales at Terra Mar Unit 1 at shovn co the map leered: recorded al V5:ume 55 at Papa 158 Map Records o1 Namara County, Texas lar the eastmest corner of this cast raid pont lying on the east ins of Lot 5. Seetan 27. Flow 5.401 and Endnal Oeim and Garden TrsCs. THENCE 523'380.5' W ata05 the southeast Inc of Lot 5 a &stance cl1399,00 Naito a 518 inch kw rod sat far the 0ou:1+7i541 0rner ei Let 3 aro ale laudtmost eemer cf shls tract: THENCE td 8:'2193' W sang the south Cane al Lits 5.4 and 3, and the north line of I.tmrangsx Et:alas a distance 011517 31 to the POINT OF BEGINNING, forming a said embracing 55.25 acres. I41„ ri3AY Bl.55. JIL 1'utsay Bad, 0.0.1 5 Erna 2;E8 f 'UV' >=x 111111717151117034512.2 41 10ry+:312:mca 2;ea NADlrp; U 5011.47Fx 11J l.r. 1)11 .i.r a uFx. Poi: -1i 0.75.7141 6 391504.1359.51. PF821 Doc 2013020672 Doric 2013020572 # Pages 7 05/24/2013 4 33PM e -Filed & e -Recorded n the CYic:al Plibllc Records cf NUECES COUNTY DIANA T BARRERA COUNTY CLERK Fees 535 00 Any provis on herein wh ch restricts the Sa e Rental or use cf the described REAL PROPERTY because of Race Color Rel;glon. Sex Handicap Fam;l:..al Status or National Orn is'nvafd and unenforceab'e under FEDERAL LAW. 3/12/59 STATE OF TEXAS COUNTY DF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS jauth_k_. art Ctrl MO'aL'r Mg CERTIFICATE OF RESOLUTIONS OF PALM LAND INVESTMENTS, INC. (Sandy Creek Townhomes Wastewater Trunk Main Extension Construction and Reimbursement Agreement) The undersigned, authorized President of Palm Land Investments, Inc., a Texas Corporation, (the "Corporation"), does hereby certify as follows: (1) That I am the duly elected and qualified President of the Corporation and the custodian of the Corporation's records; (2) That set forth below is a true and correct restatement of certain Resolutions adopted by the directors of the Corporation by appropriate action. WHEREAS, the Corporation desires to enter into a Wastewater Trunk Main Extension Construction and Reimbursement Agreement related to the Sandy Creek Townhomes ("Reimbursement Agreement"). NOW, THEREFORE, the Corporation hereby adopts and consents to the following resolutions: RESOLVED, that the President of the Corporation be and is hereby authorized and directed to do any and all things deemed necessary or advisable and in the best interest of the Corporation, in such individual's sole discretion, in relation to the Wastewater Trunk Main Extension Construction and Reimbursement Agreement , and the President is hereby authorized to execute, and the Corporation hereby ratifies and confirms any execution and delivery of the Wastewater Trunk Main Extension Construction and Reimbursement Agreement and any third party may rely upon the foregoing grant of authority without further inquiry with respect to all acts subsequent hereto by Corporation. (3) That none of the Resolutions set forth above have been amended, modified, revoked, or rescinded; and each such Resolution is in full force and effect on the date hereof; (4) That the following are the duly elected, qualified and serving officers of the Corporation, that the address is as stated in connection with each, and that the signature set out opposite the name of the officer is the genuine signature of such person, to -wit: NAME AND ADDRESS SIGNATURE Title: President DAN CABALLERO 5949 La Costa Drive Corpus Christi, Texas 78414 Title: Secretary MARIA ELBA CABALLERO 5949 La Costa Drive Corpus Christi, Texas 78414 .4zA Ogeia.0 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Corporation this a day of Fer-):C11,4-", , 2017. OP,S„, Maria Elba Caballero Secretary CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5. and 6 if there are no Interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Palm Land Investments, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the Corm Is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-164994 Date Filed: 02110/2017 date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. WasterwaterTrunk Main Reimbur Sandy Creek Town Homes - Being 9.497 Acres of Land Situated in Lot No. 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts r 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable} Controlling Intermediary Caballero, Maria Elba Corpus Christi, TX United States X Caballero, Dan Corpus Christi, TX United States X ck only if there 1s NO Interested Party. 6 AFFIDAVIT DHALIA TREVINQ Notary ID 1:13081402-9 My Commission Expires 09/08/2020 t swear, or affirm, under pennity of perjury, that the above disclosure is true and correct. Signature al authorized agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE (� J f f - Sworn lo and subscribed before me, by the said L]Q t` Rab( e (� C) , this the / �� day of FP.t�ULLf it 20 / 7 to certify ►vt h. witness my hand and seal of office. I / %t.( Signature of Nicer administering oath NUL( r �Lcm\ , r Printed name of officer administering oath Title of °freer adrnlnistermg oath Forms provided by Texas Elhres Commission www.ethics.state.tx,us Version V1.0.277 Vicinity Map t N Aerial Overview 1 N AGENDA MEMORANDUM First Reading for the City Council Meeting of April 25, 2017 Second Reading for the City Council Meeting of May 9, 2017 DATE: TO: March 31, 2017 Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Exemption from the Wastewater Acreage/Lot Fees for property located west of Waldron Road and south of Don Patricio Road CAPTION: Ordinance exempting Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Don Patricio, Block G, Lot 1R from paying $1,036.86, in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Mr. Weston Beseda, owner of Don Patricio, Block G, Lot 1R submitted a request for a waiver for wastewater infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G. The subject property, Don Patricio, Block G, Lot 1 R, is located west of Waldron Road and south of Don Patricio Road. The waiver request did not comply with the UDC Section 8.2.7.B.1.d.ii as the sanitary sewer service is technically accessible to this property. The nearest service is located approximately 994 feet away from the property. (C:\USERS\G RANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF T@BCL@A0051A13\@BCL@A0051A13. DOC) Out of the 994 feet of the wastewater main extension, approximately 869 is offsite and 125 is onsite with the proposed plat. The estimated construction cost for the wastewater service connection is $124,250.00 which creates a significant cost burden for a single- family homeowner. A request for exemption from Sanitary Sewer Infrastructure Construction and Acreage/Lot Fees was considered by the Planning Commission on February 9, 2017, with a favorable recommendation. ALTERNATIVE: Require the owner to pay the applicable wastewater lot and acreage fees in the amount of $1,036.86 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On February 9, 2017, the Planning Commission recommended that City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: None (C:\USERS\G RANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF T@BCL@A0051A13\@BCL@A0051A13. DOC) RECOMMENDATION: On February 9, 2017, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Location Maps (C:\USERS\G RANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF T@BCL@A0051A13\@BCL@A0051A13. DOC) Page 1 of 2 ORDINANCE EXEMPTING DON PATRICIO, BLOCK G, LOT 1R, LOCATED WEST OF WALDRON ROAD AND SOUTH OF DON PATRICIO ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Don Patricio, Block G, Lot 1R, located west of Waldron Road and south of Don Patricio Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of the Don Patricio, Block G, Lot 1 R, Mr. Weston Beseda ("owner") the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\DON PATRICIO\1-LAND DEVELOPMENT\4-BLOCKG, LOT 1R\8- EXEMPTION\CITY COUNCIL SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Weston and Katy Beseda, 2033 Sentinel, Corpus Christi, Texas 78418 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Don Patricio, Block G, Lot 1R, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 3 EXECUTED original, this day of , 2017. DEVELOPER/OWNER: Weston Beseda and Katy Beseda Owner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of , 2017, by Notary Public, State of Texas APPROVED: This day of , 2017 By: Julio Dimas, CFM, Interim Director Development Services APPROVED as to form: By: Buck Brice Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 4 DON PATRICI❑ LOT IR, BLOCK ern WM. mel cT 1 Pokomo COM11,1r8SiON SUL 33.3031.5.1.3.1! WON. Mf. M444mn awe EMD 141.......P .NYT.Y .o.ec..r es. DEMmY.T. ssiE eR, a wu ..w DPq,IY.+a..emaeueny AI I. M.N.. Om.* l..: CC MOM DR. or..w......M.Y. ITC 13030.8.01.03•113. Orrnels.) fr. 1 .DlEYOuofcw,.noxe • 11R N,w.MrTfOw,rr.Frrm m.cc naeu,n iR,.LPOTTED ...F f e p...a erne sneer 1.3FMT9N TAM . .4[mM. Bf i RIMI.Se Av..nwYOf er.Orr i13104V33.331 MM. e.FA...c CR3.10 irs MIA, Lk ITEEMP. 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T= I4.$' LA= 23.53' LC=514°5&OO E21.17 LOT 48 1 1 VOSS ENGINEERING, INC. eM31NEEf.•.Oodd) Wel s G}l erYN WlGREEMCCO DRIVE CORPJ9 CHR45fl TE]r S 71441E AF101lE 13Eidis.8'1z FAX pf111653 MME 9+ fa 29' 4d GRAPHIC SCALE: t• = 7d N 37°32' CO' 1Y' i eSOV I.OT 5 DATE: REVISED: OFFICE: JOB #: 05/31/2016 RV & RG 16-6276 FIRM NO F-166 EXHIBIT 1 DON PATRICIO LOT IR, BLOCKG BEING A REPLAY OF LOTS 1. 2. 3. S 4 BLOCK G 0 RECORDED 0 CORDED IN VOLUME a PAGE 30 (M.R.N.C.T CORPUS CHRISTI, NUECES COUNTY, TEAS NOTES: JUL 27 2016 • PLANNING COMMISSION 1. YARD REQUIREMENTS AS DEPICTED AREA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND SUBJECT TO CHANGE, AS THE ZONING MAY CHANGE 2. FOUND 5/8 INCH IRON RODS AT ALL LOT CORNERS, P.C.'S. P.T.S. BLOCK CORNERS ETF, UNLESS OTHERWISE SPECIFIED. B . DENOTES ACRES OF LAND S.F. DENOTES SQUARE FEET OF LAND REQUIREMENTS B.L DENOTES BUILDING LINE U.E. DENOTES UTILITY EASEMENT DENOTES DRAINAGE EASEMENT C.L. DENOTES CENTERLINE OF ROADWAY B.C. DENOTES BLOCK CORNER DENOTES DRILL HOLE 'S' DENOTES SET S/B' I.R. DENOTES GRADE ELEVATIONS 4. THIS PROPERTY LIES WITHIN FLOOD ZONE C. COMMUNITY 05964. PANEL 03160, (CITY OF CORPUS CHRISTI), AND IS NOT WITHIN THE 100 YEAR FLOOD PLAIN. REFER TO MAP INDEX DATED 07/161B5 5. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM IS THE LAGUNA MADRE. THE TCEB HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL. AND'OYSTER WATERS'. TEE° ALSO CATEGORIZED THE LAGUNA MADRE AS 'CONTACT RECREATION' USE. 6. TOT. PLATTED AREA IS 0.650 ACRE WITH STREET DEDICATION, Z. BASIS OF BEARINGS ARE THE BEARINGS FROM DON PATRICIO AS RECORDED IN VOLUME 0. PAGES 30 (A.RN.C.T.) STATE OF TEXAS COUNTY OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF 2016 PHILIP J. RAMIREZ. ALA. A, LEE AP, COMMISSIONER DANIEL M. MCGINN, A,I,C.P., INTERIM SECRETARY STATE OF TEXAS COUNTY OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY APPROVED BY THE DEVELOPMENT SERVICES ENGINEER OF THE CITY OF CORPUS CHRIST, TEXAS. THIS THE OF 2016 RATNA POTTUMUTHU, P.E.. LEED PP. DEVELOPMENT SERVICES ENGINEER STATE OF TEXAS COUNTY OF NUECES KARA SANDS, CLERK OF THE COUNTY COURT.10 AND FOR NUECES COUNTY TEXAS, HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 2016, WITH TTS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THIS DAY OF 2015 AT =LOCK _M AND DULY RECORDED IN VOLUME_. _(M.RN.C.T.) WITNESS MY HAND AND SEAL OF OFFICE IN CORPUS CHRISTI, TEXAS, THIS THE _DAY OF 2016 KARA SANDS. COUNTY CLERK DEPUTY TO THE COUNTY CLERK STATE OF TEXAS COUNTY OF NUECES LOT WESTON JACK BESEo0 B KATY JEAN RESEDA HEREBY CERTIFY THAT WE ARE THE OWNERS OF PATRICIO AS EMBw.CED WITHIN THE BOUNDS OF THE FOREGOING MAP; THAT WE HAD SAID LAND SURVEYED AS SHOWN, THAT STREETS AS SHOWN ARE DEDICATED TO THE PUBLIC FOREVER PNO STREET DEDICATION IS IN FEE SIMPLE THAT ALL EASEMENTS ARE DEDICATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION AND USE OF THE PUBLIC UTILITIES; THAT THIS MAP WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION, THIS THE OF 2016, WEN ERN JACK BESEDA STATE OF TEXAS COUNTY OF NUECES wN JEAN EDA BEFORE E UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JACKWESTON1ESEDA B KATY JEAN RESEDA KNOWN TO ME TO BE THE PERSONS WHOSE NAMES IS SUBSCRIBED TO THE FOREGOING INSTRUMENT OF WRITING AND ACKNOWLEDGED TO ME THAT HE EXECUTE THE SAME FOR THE PURPOSES AND CONSIDERATION HEREIN EXPRESSED AND IN THE CAP.!, HEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 2016 NOTARY PUBLIC IN AND FOR NUECES CO„ TEXAS LOT 52 STATE OF TIXAS colINTY OF NUECES WE FIRST COMMUNITY BANK DO HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON LOT 1R. BLOCK G OWNED BY WESTON JACK BEBE. S KATY JEAN RESEDA AND THAT WE APPROVE OF THE SUBDIVISION AND DEDICATION FOR THE PURPOSE AND CONSIDERATIONS EXPRESSED THIS THE DAY OF 2016 EXECLMVE LOAN OFFICER STATE OF TEXAS COUNTY OF NUECES LOT 51 DON PATRICIO V. 8, PG. 30 (M.R.N.C.T.) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARS. KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING AND CONSIDERATIONS TOAND HEREIN EXPRHE ESSED ACKNOWLEDGED NT HECTAOPACITY THAT ECUTETHESAME FOR THE PURPOSES THIS THE DAY OE 2016 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS LOT 50 LOT 49 STATE OF TEXAS COUNTY OF NUECES I, RONALD A VOSS, A REGISTERED PROFESSION. LAND SURVEYOR OF VOSS ENGINEERING. INC., HAVE PREPARE THE FOREGOING MAP FROM SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOW_EDGE, INFORMATION AND BEUER I HAVE BEEN ENGAGED UNDER CONTRACT TO SET ALL LOT AND BLOCK CORNERS AS SHOWN HEREIN AND TO COMPLETE SUCH OPERATIONS WUH DUE AND REASONABLE DILIGENCE CONSISTENT WITH SOUND PROFESSIONAL PRACTICE. THIS THE OF 2016 SEAL RONALD A. VOSS REGISTERED PROFESSIONAL LAND SURVEYOR No.2293 R Cr Castle Park I2 /OC //Q i '0 14'(OJ / /®S '1 r r�st /pay 4p y © ��7`QaOQ�y' a ?/At''S� -;'''or ' .5 4'/ `' Cwt! VICINITY MAP (NTS) STATE OF TEXAS COUNTY OF NUECES THIS RNAL PLAT IN NuecEs ocuNTy. TEXPS. H. BEEN APPROVED BY THE CORPUS CHRISTI-NLIECES ANY PRIVATE WATER SUPPLY AND/OR SEWAGE SYSTEM SI .L BE APPROVED BYTHE CORPUS CHRISTI-NUECES COUTNY HEALTH DEPARTMENT PRIOR To INSTALLATION THIS THE OF 2016 NUECES COUNTY HEALTH DEPARTMENT DON PATRICIO ROAD / (60' R.O.W.) S 59° 52' 00" E 145.19' 110 STREET DEDICATION 10' U.E. LOT 48 N Oco 7 25 Y.A. S 59° 52' 00" E 125.04 LOT 1R 26,215.9 S.F. 0.602 AC. 140.00' 09°51'56" R= 15.00' T= 14.97' LA= 23.53' LC=S14°56'00 / DEDICATION O CO ' E 21.19' N 59° 52' 00" W 145.00' LOT 5 VOSS ENGINEERING, INC. ENGINEERING AND LAND SURVEYING 8838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: (361)854-6202 FAX: (361)853-4696 0' 10' 20' 40' GRAPHIC SCALE: 1" = 20' DATE: REVISED: OFFICE: JOB #: 05/31/2016 RV & RG 16-6276 FIRM NO F-166 Vicinity Map _/ f ICS DON PATRICIO BLOCK G, LOT 1R Aerial Overview 1 N AGENDA MEMORANDUM City Council Meeting of April 25, 2017 DATE: April 12, 2017 TO: Margie C. Rose, City Manager FROM: Eddie Houlihan, Director of Management & Budget Eddieho@cctexas.com 361-826-3792 Hotel Occupancy Tax (HOT) STAFF PRESENTER(S): Name 1. Eddie Houlihan 2. Jay Ellington 3. Stacie Talbert-Anaya OUTSIDE PRESENTER(S): Name 1. 2. Title/Position Director Director Assistant Director Title/Position BACKGROUND: City Council requested briefing on Hotel Occupancy Taxes LIST OF SUPPORTING DOCUMENTS: PowerPoint — Hotel Occupancy Tax (HOT) Department Management & Budget Parks & Recreation Parks & Recreation Organization HOTEL OCCUPANCY TAX (HOT) Local HOT Funds • Must meet the following criteria: — directly enhance and promote tourism and the convention and hotel industry AND — fit into one of nine applicable statutory categories in Texas Local Tax Code - Chapter 351 1. The acquisition of sites for, construction and maintenance of convention center or visitor information facilities 2. The furnishing of facilities, personnel and materials for registration of convention delegates 3. Advertising and solicitation of conventions 4. Encouragement, promotion or improvement of the arts 5. Upgrading of sports facilities or fields 6. Historical restoration/preservation or activities, solicitation or promotion to encourage tourist or delegates to visit historic sites or museums 7. Upgrade existing sports facilities or fields that promote tourism 8. Promotion of sports events that substantially increase economic activity 9. Signage directing public to sights and attractions — OR according to Code 351.101 (b) Clean or maintain public beaches bordering the Gulf of Mexico as defined by the Texas Natural Resources Code (Chapter 61) Local HOT Funds - FY2017 • FY 2017 Local HOT Fund Budget — Beginning Unreserved Fund Balance: $5,923,114 — Revenue: $15,510,668 — Expenditures: $18,766,418 — Estimated Ending Unreserved Fund Balance: $2,667,364 40,000 275,000 15,000 50,000 5,226,091 150,000 300,000 275,316 175,000 1,900,000 2,132,500 $10,938,907 $18,766,418 Local HOT Funds - FY2017 Expense Amount Municipal Services Convention Center Operations, Maintenance and Capital Tourist Area Amenities Department Expenditures Subtotal Museum Marketing Art Museum of South Tx 22,000 7,305,511 500,000 $7,827,511 50,000 350,000 Botanical Gardens Contract Convention Center Incentives Harbor Playhouse Heritage Park Tour Guides Convention and Visitors Bureau Contract Texas State Aquarium Arts Grants/Projects" Multicultural Services Support ** Baseball Stadium Operating Contract Gulf Beach Cleaning ** Transfer to Debt Service Non Department Expenditures Subtotal TOTAL HOTEL OCCUPANCY TAX FUND (1030) Local HOT Funds - FY2017 Convention & Visitors Bureau Cony. Ctr. Capital & Maintenance Convention Center Area Transfer to Debt Service Beach Cleaning(HOT) Local HOT Expenses Tourist Area Amenities 500,000.00 Art Museum of South Tx 350,000.00 Arts Grants/Projects 300,000.00 Multicultural Services Support 275,316.00 Convention Center Incentives 275,000.00 Baseball Stadium 175,000.00 Texas State Aquarium 150,000.00 Heritage Park Tour Guides 1 50,000.00 Museum Marketing 1 50,000.00 Botanical Gardens 1 40,000.00 Municipal Services I 22,000.00 Harbor Playhouse 1 15,000.00 2,132,500.00 1,900,000.00 3,200,000.00 4,105,511.00 5,226,091.00 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 State HOT Fund History • In 2015 House Bill 1915 was passed. It related to the allocation of State Hotel Occupancy Tax revenue to certain barrier island coastal municipalities. We receive 2% of the 7% collected by the State. • Funds can be used for: 1) Cleaning and maintaining public beaches 2) An erosion response project 3) Cleaning and maintaining bay shores owned or leased from the State • Our Financial Policies state that expenditures cannot be used to offset expenditures for Gulf Beach maintenance from the Local HOT Fund. Gulf Beach maintenance in the Local HOT Fund cannot fall below $1,825,088 or 15% of HOT revenue State HOT Funds Spending Plan • Estimated $2.9 million in revenues • Spending plan approved by the Water shore and Beach Advisory Committee — 1/3 for annual operations and safety ($900-$975,000) Gulf Beach Operations and Safety: $477,000 Bay Beach Operations and Safety: $450,000 — 2/3 for shoreline protection and nourishment projects ($1.925-$2 million) Gulf Beach Park Enforcement McGee Beach Maintenance McGee Beach Lifeguards North Beach Maintenance State HOT Funds Spending Plan Enhancement Amount Percentage Gulf Beach Maintenance Gulf Beach Lifeguards $ 266,432 $ 162,263 Bay Beach Park Enforcement Operational Subtotal $ 91,984 $ 52,289 $ 144,937 $ 205,556 $ 57,222 $ 980,683 Shoreline Protection and Shoreline (Future) Total $ 1,919,317 $ 2,900,000 9% 6% 3% 2% 5% 7% 2% 34% 66% 100% State HOT Funds - FY2017 Gulf Beach Maintenance North Beach Operations Gulf Beach Lifeguards McGee Beach Lifeguards Gulf Beach Park Enforcement Bay Beach Park Enforcement McGee Beach Maintenance State HOT Expenses 91,984 57,222 52,289 50,000 100,000 144,937 162,263 205,556 150,000 200,000 266,432 250,000 300,000 9 QUESTIONS AGENDA MEMORANDUM City Council Meeting of April 25, 2017 DATE: April 5, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Area Development Plan -Work Program STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP, CFM Assistant Director Planning & ESI 2. Keren Costanzo, LEED AP Senior City Planner Planning & ESI 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: Staff presentation of recommended sequencing for updating the City's Area Development Plans. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Area Development Plan Sequencing Sequencing of Area Development Plans City Council Presentation April 25, 2017 Planning Districts for ADPs PLAN rr District Name 1. CC Airport 2 Downtown Flour Bluff Midtown 5 Northwest & Northwest OCL Padre/Mustang Island Southside 8 Southside OCL (London) 9 Westside Previous Planning District Name Port/Airport/Violet C.C. Beach & So. Cen./CBD Flour Bluff q Southeast Northwest 6 Mustang -Padre Island Southside 8. London Westside Year of Previous Area Development Plan Adoption (Amens m nts) 1. 1992 (1995) 2. In Progress 1993 1995 5. 2001 6. 2004 (2017) 7. 1989 (1995, 2000) 8. 1987 9. 1989 (1995) Planning Districts Map o PLAN CC COMPREHENSIVE PIAN NIS 2014 Population Estimates PLAN CC District Name Southside (ICL) Midtown Westside Northwest (ICL) Flour Bluff Downtown Padre/ Mustang Island CC Airport Southside OCL (London) Northwest OCL Total: 2014 Po • ulation 108,115 90,018 % of Total Po • ulation 33% 27% 54,792 17% 30,189 22,876 10,761 9,591 3,619 472 685 331,118 Sources: 2014 American Community Survey. Corpus Christi Development Services Department, February 2017. 9% 7% 3% 3% 1% 0.1% 0.2% 100% Zoning and Platting Applications Zoning Aplications January 2012 - March 2016 Total Platted Acreage Recorded January 2012- March 2016 Note: Projects outside City limits (OCL) do not require zoning applications. Sources: Corpus Christi Development Services Department, February 2017. Projects Affecting Planning Districts • New Harbor Bridge: Downtown and Westside • TxDOT 286 Extension: Westside, Southside, and London (OCL) • Hector P. Garcia Memorial Family Health Center (Memorial Hospital): Westside • Spohn Shoreline Expansion: Midtown • Six Points Transportation Improvements: Midtown • TAMU-CC Momentum Campus: Midtown • Barisi Village: Midtown • Del Mar South Campus: South Side • Park Road 22 Bridge: Padre Island • Lake Padre Development: Padre Island Staff Work Plan Recommendation • Downtown (In progress) — North Beach Redevelopment Plan • Southside and London ADPs — Funds allocated to Southside at time of Plan CC award — High growth area — Cost savings when background studies conducted concurrently • Westside — Budget for FY 2017 limited to one additional single ADP — Westside has oldest ADP in City limits — Revitalization Potential • Flour Bluff and Padre Island ADPs — Flour Bluff Zoning Cases — Active community organizations — Padre/Mustang resident and tourism needs — Cost savings when background studies conducted concurrently • Northwest & Northwest OCL and CC Airport ADPs • Midtown Discussion Planning Districts 1. CC Airport 2 Downtown Flour Bluff Midtown 5, Northwest & Northwest OCL 6. Padre/Mustang Island 7. Southside 8, Southside OCL (London) 9. Westside