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HomeMy WebLinkAboutAgenda Packet City Council - 06/20/2017 CITY COUNCIL AGENDA JUNE 20, 2017 • ` 1111 s w■ own i■ ■■ ■' _.r _ ... �. 1 dy11 1 � ■■ ■ • ,1111 ■ ■ � M_ V i •ra , !.. r.,a law i - i " a• .. .. . it ■ ■ _ ■■ ■■ P 11 • an. _ If ■ .mow" , 1.41" .ift _ XIII' , r i '?US cyR��► iJ ti �IIIPGPI.T�V -1852 .r rr s4 1201 Leopard Street Corpus Christi C us Christi,TX 78401 9r forwa � m sTED Meeting Agenda - Final c 4;wm JUN 16 201y City Council Tuesday,June 20,2017 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 qua su ingles as limitado,habra un interprete ingles-espanol an 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 369-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Reverend John Hardie,St. Mark's Episcopal Church. C. Pledge of Allegiance to the Flag of the United States to be led by Robert J. Gonzalez,Jr.,Richard King High School,Senior Broke 53-Yr Old CCISD Shot Put Record. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations t Commendations 1. 17-0753 Proclamation declaring June 25, 2017, "Ms. Coastal Bend Senior Day". Proclamation declaring July 4, 2017, "40th Anniversary of the Mayor's 4th of July Big Bang Celebration". Commendation for Juan Amaya Bernal, Jr., for Earning His Highschool Diploma at Age 72. Commendation for Major Larry Young, Honoring His Public Service to the City of Corpus Christi and the Coastal Bend. Swearing-In Ceremony for Newly Appointed Board, Commission and Corpus Christi Page 1 Printed on 611612017 City Council Meeting Agenda-Final June 20,2017 Committee Members. F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0758 Regular Meeting of June 13, 2017 and Workshop of June 14, 2017. H. BOARD& COMMITTEE APPOINTMENTS: 3. 17-0750 Food Service Advisory Committee Padre Isles Municipal Management District Regional Health Awareness Board Senior Companion Program Advisory Committee 1. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one fisted;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance, or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. 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. Corpus Christ! Page 2 Printed on 6/1612017 City Council Meeting Agenda-Final June 20,2017 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 4- 13) NOTICE TO THE PUBLIC: The following items are consent motions,resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, andlor it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-0705 Purchase of Public Art for Fire Station 18 located at 6226 Ayers Street Motion authorizing the City Manager or designee to execute an agreement to purchase a work of art created in mosaic tile, by artist Jeremiah Heye, owner of Heye Mosaics LLC, in the amount of $22,000.00 for Fire Station#18 to fulfill the public art requirement of Public Art Ordinance No. 21435, Sec 2-109. (Bond 2008) Sponsors: Parks and Recreation Department 5. 17-0447 Construction Contract and Real Estate Contract for Creek View Drive extension (Bond 2014, Proposition 2)(Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Max Underground Construction, LLC. of Corpus Christi, Texas in the amount of$308,720.50 for the Creek View Drive Extension project for the base bid and to execute a land acquisition purchase agreement for$94,000 with William E. McKinzie, Jr. Family Limited Partnership, and closing costs of$3,000. (Bond 2014 Proposition 2) Sponsors: Engineering Services Corpus Christi Page 3 Printed on 611612017 City Council Meeting Agenda-Final June 20,2017 6. 17-0669 Construction Contract and Testing Agreement for Carroll Lane from Houston Street to McArdle Road(Bond 2014, Proposition 1) (Council Priority-Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of$6,192,097.55 for Carroll Lane from Houston Street to McArdle Road for a total Base Bid plus Additive Alternate No. 1 and to execute a construction materials testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$59,515 for Carroll Lane from Houston Street to McArdle Road. (Bond 2014 Proposition 1) Sponsors: Engineering Services 7. 17-0681 Second Reading Ordinance-Rezoning property located at 4540 Tribble Lane(1st Reading 6/13/17) Case No. 0517-03 Magellan Terminal Holdings, LP.: A change of zoning from the"CG-1"General Commercial District to the"I H" Heavy Industrial District. The property is described as Webb Tract Port View 101.58 acres, located along the west side of Path Lane, south of Tribble Lane, and north of Interstate 37. Planning Commission and Staff Recommendation (May 17, 2017) Approval of the change of zoning from the"CG-1"General Commercial District to the "IH" Heavy Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Magellan Terminal Holdings, LP. ("Owner'), by changing the UDC Zoning Map in reference to Webb Tract Port View 101.58 acres, from the"CG-1"General Commercial District to the"IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Sponsors Development Services 8. 17-0682 Second Reading Ordinance-Rezoning property located at 2121 Rand Morgan Road (1st Reading 6113/17) Case No. 0517-04 MPM Development, LP: A change of zoning from the "RS-6"Single-Family 6 District to the"RS-4.5"Single-Family 4.5 District. The property is described as being a Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, located along the west side of Rand Morgan Road, south of Leopard Street, and north of Oregon Trail. Corpus Christi Page 4 Printed on 6/16!2017 City Council Meeting Agenda-Final June 20,2017 Planning Commission and Staff Recommendation (March 19, 2017) Approval of the change of zoning from the"RS-6"Single-Family 6 District to the"RS-4.5"Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by MPM Development, LP. ("Owner"), by changing the UDC Zoning Map in reference to Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, from the"RS-6" Single-Family 6 District to the "RS-4.5"Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Sponsors Development Services 9. 17-0684 Second Reading Ordinance-Billish Park Agreement for construction of park improvements and ongoing park maintenance (1st Reading 6/13/17) Ordinance authorizing the City Manager or designee to execute an Agreement with the Padre Isles Property Owners Association ("PIPOA") for the Lease, Construction of Improvements and Operation of Billish Park located at 15601 Gypsy Street,to allow construction of park improvements, with City funding not to exceed $400,000 and PIPOA funding not to exceed$200,000, and providing for ongoing park maintenance by PIPOA. Sponsors Parks and Recreation Department 10. 17-0673 Second Reading Ordinance-Approval of agreement and appropriating funds for developer for the construction of a water grid main extension line located at the southeast corner of Fred's Folly Drive and Yorktown Boulevard (1st Reading 6113/17) Ordinance authorizing City Manager or designee to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement("Agreement")with Oso Bend Development Company ("Developer"), for the construction of a water grid main extension line and appropriating $117,667.45 from the No.4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Sponsors Development Services 11. 17-0672 Second Reading Ordinance-for the acquisition of real property rights by eminent domain for the Rodd Field Expansion Project (Bond 2014, Proposition 2) (Council Priority-Streets)(1st Reading Corpus Christi Page 5 Printed on 6116(2017 City Council Meeting Agenda-Final June 20,2017 6113/17) An ordinance of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of Right-of-Way Easements,Temporary Construction Easements and fee simple property rights for a street improvement project known as the Rodd Field Road Expansion Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014); (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3)authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire easement and fee simple property interests in the properties within the project area depicted on the Project Location Map; (4)authorizing payment pursuant to an award by special commissioners; (5)authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation herein by a single record vote of the City Council. Sponsors Engineering Services 12. 17-0561 Second Reading Ordinance-Adjusting Speed Zone on Ocean Drive from Sand Dollar Boulevard to North Gate of Air Station Corpus Christi(1st Reading 6113117) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones to update portions of Ocean Drive and increase the speed limit on Ocean Drive, from Sand Dollar Boulevard to Naval Air Station Corpus Christi North Gate; providing for severance; and providing for publication. Sponsors: Office of Public Works 13. 17-0683 Second Reading Ordinance-Approval for the resale of 26 foreclosed properties (1st Reading 6/13/17) Ordinance authorizing the resale of 26 properties for$96,850.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive$8,213.35 plus $15,790.35 for partial payment of City paving and demolition liens. Sponsors: Financial Services Department L. PUBLIC INTERVIEWS FOR COUNCIL MEMBER AT-LARGE VACANCY(To be held at approximately 1:00 p.m.) The City Council will conduct public interviews with the finalists for the vacant Council Member At Large position.No public comment will be solicited.After the interviews, the Council will go into executive session to deliberate, and then will announce their selection in open session. 14. 17-0709 Executive Session pursuant to Texas Government Code§551.074 Corpus Christi Page 6 Printed on 611612017 City Council Meeting Agenda-Final June 20,2017 (Personnel Matters)to discuss the appointment, employment, and duties of public officers or employees, including, but not limited to, members of the City Council. M. PUBLIC HEARINGS: (ITEMS 15-16) is. 17-0679 Public Hearing and First Reading Ordinance-Rezoning property located at 402 North Padre Island Drive Case No. 0517-01 Yarborough Ranches LP: A change of zoning from the"CG-2" General Commercial District and "RM-3" Multifamily 3 District to the"IL" Light Industrial District and "CG-2"General Commercial District. The property is described as Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017) Approval of the change of zoning from the"CG-2" General Commercial District and "RM-3" Multifamily 3 District and to the"IL" Light Industrial District and "CG-2"General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Yarborough Ranches LP ("Owner"), by changing the UDC Zoning Map in reference to Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, from"CG-2" General Commercial District and "RM-3"Multifamily 3 District to the "IL" Light Industrial District and "CG-2"General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Sponsors: Development Services 16. 17-0680 Public Hearing and First Reading Ordinance -Rezoning property located at 901 Flato Road Case No. 0517-02 IDV NPID, LLC: A change of zoning from the"RM-3" Multifamily 3 District to the"CG-2"General Commercial District. The property is described as being a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas Corpus Christi Page 7 Printed on 6/1612017 City Council Meeting Agenda-Final June 20,2017 located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017) Approval of the change of zoning from the"RM-3" Multifamily 3 District to the "CG-2"General Commercial District. Ordinance: Ordinance amending the Unified Development Code("UDC"), upon application by IDV NPID, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas from "RM-3" Multifamily 3 District to the"CG-2"General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Sponsors: Development Services N. REGULAR AGENDA: (NONE) The following items are motions,resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 17-19) 17. 17-0707 First Reading Ordinance-Closing and abandoning three utility easements located at 6002&6116 South Staples Ordinance abandoning and vacating three utility easements, 0.0281-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy-Robertson, Inc, to comply with the specified conditions. sponsors: Development Services 18. 17-0668 First Reading Ordinance-Water Line Easement Dedication to San Patricio Municipal Water District on City-owned land near U.S. Highway 77 in San Patricio County Ordinance granting a twenty-five (25)foot wide Water Line Easement and thirty-five (35)foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one(1) 24-inch water line on City owned property near U.S. Highway 77 in San Patricio County; authorizing the City Manager or Corpus Christi Page 8 Printed on 611612017 City Council Meeting Agenda-Final June 20,2017 designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. sponsors Engineering Services and Water Utilities Department 19. 17-0769 First Reading Ordinance-Transfer of Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by$1,010,826 each. Sponsors: Engineering Services and Financial Services Department P. FUTURE AGENDA ITEMS: (ITEMS 20-26) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 20. 17-0700 Change Order No. I for Bayshore Park Improvement Project Marina Breakwater at McGee Beach (Bond 2008)(Capital Improvement Project) Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of$712,326 for additional park improvements. (Bond 2008 and Capital Improvement Program) sponsors: Parks and Recreation Department and Engineering Services 21. 17-0005 Engineering Contract for Mary Rhodes Pipeline Phase 2(Capital Improvement Program) Motion authorizing the City Manager or designee to execute a ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of$16,594,474 for the Mary Rhodes Pipeline Phase 2 (MRPP2)for construction management services. Capital Improvement Program (GIP) Sponsors: Water Utilities Department and Engineering Services 22. 17-0688 Change Order No.4 Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012) Motion authorizing the City Manager, or designee, to execute Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$166,091.25 for a total restated contract amount of$8,964,073.35 for Williams Drive Improvements Phase 3 from Staples Street to Airline Road. (BOND 2012). Corpus Christi Page 9 Printed on 6/1612017 City Council Meeting Agenda-Final June 20,2017 Sponsors: Engineering Services and Legal Department 23. 17-0706 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Kensington Gardens subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes,with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Sponsors Development Services 24. 17-0739 Resolution approving the submission of application for the Texas General Land Office Beach Cleaning and Maintenance Assistance Program Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Sponsors: Parks and Recreation Department 25. 17-0715 Purchase of Five 2017 Ford F-250 Trucks for Parks and Recreation Department Motion approving the purchase of five 2017 Ford F-250 trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $180,392.00. Funds are available in the FY2016-2017 budget. Sponsors: Fleet Maintenance Services, Parks and Recreation Department and Purchasing Division 26. 17-0239 Service Agreement for Armored Courier Services and Cash Manager Safe Service Agreement Motion authorizing the City Manager or designee to execute a service agreement with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager lease safe services, in response to Request for Bid (RFB) No. 151, based on lowest, responsive and responsible bid for a total bid amount not to exceed $37,294.40 with an estimated expenditure of$6,513.76 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Sponsors Financial Services Department and Purchasing Division Corpus Christi Page 10 Printed on 611612017 City Council Meeting Agenda-Final June 20,2017 Q. BRIEFINGS: (ITEM 27) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 27. 17-0766 Corpus Christi Vendor Permits(Revisions of Ordinances 38& 10) Sponsors: Health Department 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 28 -29) 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. 28. 17-0733 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 water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, potential agreements for the economic development agreement(s)with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code§561.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s)that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 29. 17-0752 Executive Session pursuant to Texas Government Code§651.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to City's Code of Ethics and City's Ethics Commission and legal representation of Ethics Commission regarding said issues. Corpus Christi Page 11 Printed on 811612017 City Council Meeting Agenda-Final June 20,2017 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. U. ADJOURNMENT Corpus Christi Page 12 Printed on 6116/2017 1 NO ATTACHMENT FOR THIS ITEM 2 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Tuesday,June 13,2017 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 Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 p.m. B. Invocation to be given by Pastor Rick Barrera, Cornerstone Church. Pastor Rick Barrera gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Keith Selman, Assistant City Manager. Assistant City Manager Keith Selman led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn Corpus Christi Page 1 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 E. Proclamations /Commendations 1. Proclamation declaring June 9-19, 2017, "152nd Anniversary of the Juneteenth Celebration, The Spirit of Emancipation Days". Proclamation declaring June 15-18, 2017, "88th League of United Latin American Citizens State Convention Week". Commendation for Amador Ysassi Duran - Vietnam War Veteran Earns High School Diploma at Age 70. Mayor McComb presented the proclamations and a Certificate of Commendation. 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 McComb deviated from the agenda and referred to comments from the public. Sammy Alcorta, 5002 Royalton and Diana Sepulveda, 4558 Silver Hollow, recognized Council Member Rubio for being the Mistress of Ceremonies and Council Member Vaughn for sponsorship of Alcorta's Compania de Danza Folklorica"Inolvidable 2017" performance. Leta Danneuey, 3322 IH 69 Access Road, Robstown, Texas,spoke regarding arrest warrants issued for her related to water service at 4702 Orchid Lane and requested assistance to have the Water Department and Municipal Court work with her to resolve the matter. Priscilla Tryon-Cambric,2814 Rogers Street; Barbara F. Booker, 522 Hancock Avenue#326; Gloria Randal Scott, 4422 S. Alameda; Billy Sayles, 7209 Sugar Ridge; Dr. Pamela Sattiewhite, 1202 Sam Rankin; and Claude Axel, 741 Crestview;spoke in support of Sylvia Oliver Tryon to fill the vacant At-Large City Council position. Walter Brooks, 3925 Wagner Lee,spoke in opposition to carport regulations and asked the City Council to consider the burden additional costs will have on citizens. Susie Luna Saldana,4710 Hakel, spoke on behalf of LULAC Council #1 and invited the public to attend the state convention workshops and events. Robert Huff, 5818 St. Andrews, asked the City Council to get serious about making Corpus Christi a clean city and issuing fines to individuals violating the law. Rodney Page, 1519 Leopard, requested assistance from the City to address wastewater problems on his property. Margareta Fratila, 3606 Tripoli,spoke regarding an ordinance requiring street signs and addresses on building and requested that the City address fixing potholes in private parking lots. Corpus Christi Page 2 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) The Commission for Accreditation of Parks and Recreation Agencies is on site this week to determine how well the City of Corpus Christi's Parks and Recreation Department meets 151 standards of excellence. The accreditation assures policy makers, department staff,the public, and taxpayers that the Parks and Recreation Department has been independently evaluated against established benchmarks as delivering a high level of quality. The results of the accreditation process should be expected within the next several months. 2) The City has partnered with Reliant and NRG Retail to provide two Beat the Heat Cooling Centers in Corpus Christi. The centers are located at Lindale Senior Center on Lindale Street and Oveal Williams Senior Center on Martin Luther King Drive. The hours of operation are Monday through Friday from 8:00 a.m.to 4:00 p.m.through September 29,2017. 3)The public is invited to attend a tour of the new Holly Road Elevated Water Storage Tank on Thursday, June 15,2017 at 1:30 p.m. at 4917 Holly Road. City Staff will detail the design of the new tank, how it will impact citizens and why it is needed. G. MINUTES: 2. Regular Meeting of May 30, 2017 and Workshops of June 1, 2017 and June 6, 2017. Mayor McComb 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: 3. Airport Board Animal Care Advisory Committee Marina Advisory Committee Mechanical Plumbing Advisory Board Mayor McComb referred to board and committee appointments. The following appointments were made: Airport Board Council Member Hunter made a motion to appoint Donald M. Feferman (Advisory, Non-Voting member)to a one-year term,seconded by Council Member Vaughn and passed unanimously. Animal Care Advisory Committee Council Member Vaughn made a motion to appoint Margaret R. Obregon Corpus Christi Page 3 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 (Community At-Large),seconded by Council Member Rubio and passed unanimously. Marina Advisory Committee Council Member Garza made a motion to reappoint Sharon Emerson (Community At-Large), Clare Lee(Scientist), and Robert"Bob" Paulison (Community At-Large),seconded by Council Member Molina and passed unanimously. Mechanical/Plumbing Advisory Board Council Member Garza made a motion to reappoint Carl Suding (Irrigator)and Mike Wanzer(Heating,Ventilation, Air Conditioning and Refrigeration), seconded by Council Member Vaughn and passed unanimously. Council Member Garza made a motion to appoint Benny M. Franklin (Master Plumber),seconded by Council Member Rubio and passed unanimously. Council Member Rubio made a motion to appoint Stacy Gallagher(Home Building Industry),seconded by Council Member Hunter and passed unanimously. Council Member Molina made a motion to appoint Travis M.Yeary(Heating, Ventilation, Air Conditioning & Refrigeration),seconded by Council Member Hunter and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 9) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the public. A council member requested that Items 4 and 7 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member Hunter, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 5. Supply Agreement for Saddle Service Taps for Waterlines Motion authorizing City Manager, or designee, to execute a supply agreement with HD Supply Waterworks of Corpus Christi, Texas for Corpus Christi Page 4 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 the purchase of saddle service taps for waterlines in response to RFB 1069 based on the lowest, responsive, responsible bid for a total amount not to exceed $35,559.17, with an estimated expenditure of $11,853.00 in FY2016-2017 and funded by the Warehouse Stores Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-078 6. Service Agreement for Electrical Repair for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam (Council Priority - Water) Motion authorizing City Manager, or designee, to execute a service agreement with Advantage Electrical Contracting & Maintenance, Inc., of Corpus Christi, Texas for the Electrical Services for Sunrise Beach, Rincon Pump Station and Wesley Seale Dam in response to RFB 1056 based on the lowest, responsive, responsible bid for a total amount not to exceed $49,475 with an estimated expenditure of $16,492 in FY2016-2017 and funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-079 8. Amendment of Subscription Service Licenses for the Human Resources Department - Elearning Motion authorizing the City Manager or designee to execute an amendment for the continuation of subscription service licenses with OpenSesame, Inc., of Portland Oregon, based on a sole source for a total amount not-to-exceed $203,400 for the subscription service of three years. Funds are available in the Human Resources FY 2016-2017 budget for the first of three annual expenditures of $67,800. This Motion was passed on the consent agenda. Enactment No: M2017-081 9. Second Reading Ordinance -Amending the Unified Development Code -Adding a Non-Voting Ex-Officio Navy Representative to the Planning Commission (1st Reading 5/30/17) Ordinance amending the Unified Development Code by adding a Corpus Christi Page 5 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 non-voting ex-officio Navy representative to the Planning Commission; providing for severance; providing for penalty; providing for publication; and effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031165 4. Purchase of Wavetronix Radar Detection Systems for Traffic Signal Systems (Council Priority - Streets) Motion authorizing City Manager, or designee, to execute a purchase from Twincrest Technologies, of Fort Worth, Texas for six Wavetronix radar detection systems in accordance with the cooperative purchasing agreement with the Houston-Galveston Area Council for a total amount of$99,400.00 and funded by the Redlight Photo Fund. This item is a one-time purchase. Mayor McComb referred to Item 4, a purchase for six Wavetronix radar detection systems for traffic signal systems. Director of Street Operations Andy Leal addressed a council member's questions related to the following: when the current system was installed; upgrading the current video system to radar detection systems; and the new radar detection systems ability to improve traffic flow and synchorization of lights. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Molina Abstained: 0 Enactment No: M2017-077 7. Purchase of four Kubota RTV 900 Series for Parks and Recreation and Utilities Motion approving the purchase of four Kubota RTV 900 Series from Kubota Tractor Corporation, from Torrance, California, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $62,923.16. Funds are budgeted in FY2016-2017. Mayor McComb referred to item 7, the purchase of four Kubota RTV 900 Series for the Parks and Recreation Department. Director of Fleet Maintenance Jim Davis responded and a council member discussed the following topics: concern with replacing a four-year old unit; whether the new unit will need to be replaced in four years; and storage location and maintenance of the equipment. Corpus Christi Page 6 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Council Member Rubio made a motion to approve the motion, seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-080 M. PUBLIC HEARINGS: (ITEMS 10 - 11) 10. Public Hearing and First Reading Ordinance - Rezoning property located at 4540 Tribble Lane Case No. 0517-03 Magellan Terminal Holdings, LP.: A change of zoning from the "CG-1" General Commercial District to the "IH" Heavy Industrial District. The property is described as Webb Tract Port View 101.58 acres, located along the west side of Poth Lane, south of Tribble Lane, and north of Interstate 37. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG-1" General Commercial District to the "IH" Heavy Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Magellan Terminal Holdings, LP. ("Owner"), by changing the UDC Zoning Map in reference to Webb Tract Port View 101.58 acres, from the "CG-1" General Commercial District to the "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 10. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for above-ground fuel tanks. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: above-ground fuel tanks currently in use at the subject property;the zoning request to build additional above ground fuel tanks;whether the zoning request could be achieved with a special permit on the subject property; clarification of the location of the subject property;the purpose of the berms on the subject property; and the ability to amend the Unified Development Code(UDC). Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and Corpus Christi Page 7 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 11. Public Hearing and First Reading Ordinance - Rezoning property located at 2121 Rand Morgan Road Case No. 0517-04 MPM Development, LP: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, located along the west side of Rand Morgan Road, south of Leopard Street, and north of Oregon Trail. Planning Commission and Staff Recommendation (March 19, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by MPM Development, LP. ("Owner"), by changing the UDC Zoning Map in reference to Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 11. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the construction of single-family homes on approximately 167 lots ranging from 5,500 to 10,000 square foot lots. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: consideration in a future bond election to include improvements to Rand Morgan Road to accommodate increased traffic; and the differences between the"RS-4.5" Single-Family 4.5 District and "RS-6"Single-family 6 District. Council Member Vaughn made a motion to approve the ordinance,seconded Corpus Christi Page 8 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 12 - 13) 12. Resolution supporting the Downtown Management District's application for Cultural District Designation (Council Priority - Economic Development) Resolution supporting the Downtown Management District's application for the designation of a Cultural District and authorizing the certification of a Cultural District to be named Downtown Corpus Christi Cultural District for at least ten (10) years. Mayor McComb referred to Item 12. Business Liaison Alyssa Barrera stated that the purpose of this item is to support the Downtown Management District's (DMD)application for the designation of a Cultural District through a program operated by the State of Texas. There were no comments from the public. Council members and staff discussed the following topics:the reason the DMD is applying for cultural designation;the City is not obligated to any funding beyond what is budgeted annually for the DMD; and clarification on the language related to preserving and restoring historic buildings. Council Member Vaughn made a motion to approve the resolution,seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031166 13. Lease-Purchase One Peterbilt 320 Chassis with Roll-Off and Three Peterbilt 367 Transfer Tractors for Solid Waste Operations Motion authorizing the City Manager, or designee, to lease-purchase one Peterbilt 320 chassis, with a roll-off and three Peterbilt 367 transfer tractors from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not to exceed $799,455 of which $13,274 is budgeted in General Fund for FY2016-17. Remaining payments will be requested in future years Corpus Christi Page 9 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 during the normal budget process. Mayor McComb referred to Item 13. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to authorize the lease-purchase of one Peterbilt 320 Chassis with roll-off and three Peterbilt 367 transfer tractors for the Solid Waste Department for a total amount not to exceed$799,455 of which $13,274 is budgeted in the General Fund for FY2016-2017. There were no comments from the public. Council members and staff discussed the following topics:the transfer of solid waste from the J.C. Elliott Transfer Station to the Cefe Valenzuela Landfill; whether the public is allowed at the Cefe Valenzuela Landfill; a comparison of miles to hours ratio on the vehicles;whether these vehicles are replacements to the fleet; maintenance on the vehicles;the auction process and the estimated residual value of existing tractors to be auctioned; and that the funding is from the Solid Waste Operating budget. Council Member Rubio made a motion to approve the motion, seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-082 L. RECESS FOR LUNCH Mayor McComb recessed the Council meeting at 1:26 p.m. Mayor McComb reconvened the Council meeting at 2:01 p.m. N. REGULAR AGENDA: (ITEMS 14 - 15) 14. Resolution approving the Wastewater Management Plan Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 1 as stated by City Council on May 23, 2017, which provides for maintaining all existing WWTPs, not relocating the Greenwood WWTP, and flood proofing Greenwood WWTP instead. Mayor McComb referred to Item 14. Interim Director of Water Utilities Dan Grimsbo stated that the purpose of this item is to approve the City of Corpus Christi Wastewater Management Plan Final Report and adopt the modified Option 1 as stated by the City Council on May 23,2017 which provides for maintaining all existing WWTPs, not relocating the Greenwood WWTP, and flood-proofing the Greenwood WWTP instead. Interim Director of Wastewater Temple Williamson and Assistant City Manager Mark Van Vleck were available to respond to questions. Mayor McComb called for comments from the public. Susie Luna Saldana, 4710 Corpus Christi Page 10 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Hakel, asked for reconsideration to relocate the Greenwood WWTP. Council members and staff discussed the following topics: reconsideration to relocate the Greenwood WWTP;flooding issues for residents near the Greenwood WWTP;the current condition of the Greenwood WWTP; consideration to look at a 60-day plan on how to operate, maintain and to consolidate using the Stantec Option 4D plan with options as defined by the council after the 60-day report; odor problems and solutions to improve odor at the Greenwood WWTP; new technology that would protect from flooding near the Greenwood WWTP; concern with the cost associated with the Stantec Option 41); aTexas Municipal League report on statewide residential and commercial wastewater costs; Greenwood WWTP currently being the most efficient plant;the reason the City has the highest wastewater rates in Texas; the cost to consolidate the WWTPs; a plan to address the collection system; low cost benefits of dredging Oso Creek; consideration to develop a Request for Proposal (RFP)for a public/private partnership to address the collection system and plants moving forward; cleanout of Oso Creek brush to address flooding issues; whether Option 1 will address flooding issues and odor control;the cost to repair the plants; concerns with discharge permits;the original costs to build Greenwood WWTP;the lifecycle of a WWTP; updating the plant versus building a brand new structure;whether the City is under an agreed order for the WWTPs; when the Oso WWTP was originally built; financial errors in the Stantec report; clarification on the timeframe for the Option 1;the cities of San Antonio and Dallas having lower wastewater rates because there are fewer plants and much larger populations and volume; development of the subdivision located near the Greenwood WWTP; wastewater rates increasing regardless of repairing or consolidating the WWTPs;statistics related to compliance at the WWTPs for 2014 and 2015; the cost to build the new Broadway WWTP; building a retaining wall at the Greenwood WWTP; Option 1 being the least expensive option; and current engineering projects related to upgrades to collection system. MOTION OF DIRECTION Council Member Rubio made a motion directing the City Manager to delay the plan for 60 days to issue an RFP on how to operate, maintain or consolidate using the Stantec plan with options as defined by this council after receiving the 60-day report,seconded by Council Member Vaughn. The motion of direction failed with the following vote: Council Members Vaughn and Rubio voting "Aye'; Mayor McComb and Council Members Smith, Garza, Guajardo, Hunter, and Molina voting "No". Mayor McComb requested that the City Council consider approving the existing resolution with amendments to include language related to optimized implementation, odor control, floodproofing and the potential for a private/public partnership. Mayor McComb called for a brief recess at 4:29 p.m. Mayor McComb reconvened the Council meeting at 4:41 p.m. Mayor McComb returned to the discussion on Item 14. City Secretary Huerta read the proposed amendments to the resolution, Section 2 as follows: Section 2. That the City Council adopts optimized implementation of the Final Corpus Christi Page 11 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Report's Option 1 (the"base case option")with modifications as directed by the City Council on May 23,2017, with Option 1 modified to eliminate construction of new 10 MGD facility at Greenwood WWTP and provide for more extensive Greenwood WWTP repairs (over 20 years)with flood proofing and odor control, and with the following key infrastructure components: Section 2. (3)Greenwood WWTP: Repair over next 20 years including expeditious `flood proofing and odor control'; Provide effluent reuse facilities for industry in next 10 years (subject to industry participation); Section 2. (8)Staff is directed to pursue future improvements to be delivered through the most cost-effective financing and delivery plan to minimize the overall impact to ratepayers while meeting the needs of the City, including, but not limited to, a public private partnership(133)approach. Council Member Smith made a motion to amend the resolution,seconded by Council Member Guajardo. The motion to amend passed with the following vote: Mayor McComb and Council Members Smith, Garza, Guajardo, Hunter, and Molina, voting"Aye"; Council Members Vaughn and Rubio voting "No" Council Member Smith made a motion to approve the resolution as amended, seconded by Council Member Guajardo. This Resolution was passed and approved as amended with the following vote: Aye: 6- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina and Council Member Smith Nay: 2- Council Member Rubio and Council Member Vaughn Abstained: 0 Enactment No: 031167 15. Approving an Extension to the Agreement with Valero Refining - Texas, L.P. for recycled water(Council Priority -Water) Motion authorizing the City Manager or designee to execute a Sixty-day Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd). Mayor McComb referred to Item 15. Dan Grimsbo, Interim Executive Director of Utilities,stated that the purpose of this item is to execute a sixty-day extension to the agreement for exclusive reservation of Recycled Water with Valero Refining -Texas, L.P. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the motion,seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Hunter Corpus Christi Page 12 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Enactment No: M2017-083 O. FIRST READING ORDINANCES: (ITEMS 16 -20) 20. First Reading Ordinance -Approval for the resale of 26 foreclosed properties Ordinance authorizing the resale of 26 properties for$96,850.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,213.35 plus $15,790.35 for partial payment of City paving and demolition liens. Mayor McComb deviated from the agenda and referred to Item 20. City Secretary Rebecca L. Huerta announced that Council Member Garza was abstaining on this item. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the resale of 26 properties which were foreclosed upon for failure to pay ad valorem taxes for$96,850 of which the City will receive$8,213.35 plus $15,790.35 for partial payment of city paving and demolition liens. There were no comments from the public. In response to a council member, Martin Leary, Linebarger, Goggan, Blair, & Sampson, L.L.P., provided information on the public auction at the "Sheriff's Sale"and advertisement of properties.A council member requested that the list of properties and auction information be placed on the City's website. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Garza 16. First Reading Ordinance - Billish Park Agreement for construction of park improvements and ongoing park maintenance Ordinance authorizing the City Manager or designee to execute an Agreement with the Padre Isles Property Owners Association ("PI POA") for the Lease, Construction of Improvements and Operation of Billish Park located at 15601 Gypsy Street, to allow construction of park improvements, with City funding not to exceed $400,000 and PIPOA funding not to exceed $200,000, and providing for ongoing park maintenance by PIPOA. Mayor McComb referred to Item 16. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute an agreement for the lease, construction of improvements and operation of Billish Park with the Padre Isles Property Owners Association (PIPOA)for construction of park improvements and ongoing park maintenance with City funding not to exceed $400,000 and PIPOA funding not to exceed $200,000. Corpus Christi Page 13 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Mayor McComb called for comments from the public. Debbie Lindsey-Opel 15862 Cuttysark, provided history on the development of Billish Park. Council members and staff discussed the following topics:the schedule of improvements;the Bond 2012 language to provide funding for Billish Park; the list of improvements to the park;funding that has already been provided for Billish Park; other parks that have a maintenance budget of$14,000 per year; a plan to maintain community parks and associated costs; neighborhood parks where equipment was removed and not replaced;whether Billish Park has a sprinkler system;the number of community parks; other park improvements included in bond packages; and adopting a policy to encourage neighborhood associations to enter into park agreements. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 17. First Reading Ordinance -Approval of agreement and appropriating funds for developer for the construction of a water grid main extension line located at the southeast corner of Fred's Folly Drive and Yorktown Boulevard Ordinance authorizing City Manager or designee to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with Oso Bend Development Company ("Developer"), for the construction of a water grid main extension line and appropriating $117,667.45 from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor McComb referred to Item 17. Interim Director of Development Services Bill Green stated that the purpose of this item is to fund approximately $117,667.45 for the construction of 1,927 linear feet of water arterial grid main extension necessary for the development of River Bend Subdivision Unit 1. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 18. First Reading Ordinance -for the acquisition of real property rights by eminent domain for the Rodd Field Expansion Project Corpus Christi Page 14 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 (Bond 2014, Proposition 2) (Council Priority - Streets) An ordinance of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of Right-of-Way Easements, Temporary Construction Easements and fee simple property rights for a street improvement project known as the Rodd Field Road Expansion Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014); (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire easement and fee simple property interests in the properties within the project area depicted on the Project Location Map; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation herein by a single record vote of the City Council. Mayor McComb referred to item 18. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to authorize the City Manager or her designee to negotiate the acquisition of property rights,to execute real estate purchase contracts, and proceed with eminent domain procedings for negotiations for acquisitions if an impasse is reached for the Bond 2014, Proposition 2, Rodd Field Road Expansion Project. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 19. First Reading Ordinance -Adjusting Speed Zone on Ocean Drive from Sand Dollar Boulevard to North Gate of Air Station Corpus Christi Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones to update portions of Ocean Drive and increase the speed limit on Ocean Drive, from Sand Dollar Boulevard to Naval Air Station Corpus Christi North Gate; providing for severance; and providing for publication. Mayor McComb referred to Item 19. 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, Increase of State Speed Limit in Certain Zones, by adding Ocean Drive from Sand Dollar Boulevard at Texas A&M University- Corpus Christi Page 15 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Corpus Christi to the north gate of Naval Air Station -Corpus Christi with a speed limit zone of 50 miles per hour. There were no comments from the public. In response to council members, Ms. Gray stated that the current speed limit signs reflect a speed of 50 miles per hour and this action will add the language to the City's Code of Ordinances. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 21 - 23) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had a planned presentation on Item 23. 21. Purchase of Public Art for Fire Station 18 located at 6226 Ayers Street Motion authorizing the City Manager or designee to execute an agreement to purchase a work of art created in mosaic tile, by artist Jeremiah Heye, owner of Heye Mosaics LLC, in the amount of $22,000.00 for Fire Station #18 to fulfill the public art requirement of Public Art Ordinance No. 21435, Sec 2-109. (Bond 2008) This Motion was recommended to the consent agenda. 22. Construction Contract and Real Estate Contract for Creek View Drive extension (Bond 2014, Proposition 2)(Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Max Underground Construction, LLC. of Corpus Christi, Texas in the amount of$308,720.50 for the Creek View Drive Extension project for the base bid and to execute a land acquisition purchase agreement for$94,000 with William E. McKinzie, Jr. Family Limited Partnership, and closing costs of$3,000. (Bond 2014 Proposition 2) This Motion was recommended to the consent agenda. 23. Construction Contract and Testing Agreement for Carroll Lane from Houston Street to McArdle Road (Bond 2014, Proposition 1) (Council Priority - Streets) Corpus Christi Page 16 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of$6,192,097.55 for Carroll Lane from Houston Street to McArdle Road for a total Base Bid plus Additive Alternate No. 1 and to execute a construction materials testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$59,515 for Carroll Lane from Houston Street to McArdle Road. (Bond 2014 Proposition 1) This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. LEGISLATIVE UPDATE: None. S. EXECUTIVE SESSION: (ITEMS 24 - 25) 24. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims and litigation including, but not limited to, the case of Graziella G. Mesa vs. City of Corpus Christi, Texas. This E-Session Item was discussed in executive session. 25. Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and duties of public officers or employees, including, but not limited to, members of the City Council. Mayor McComb referred to Item 25 and the following motion was considered: Motion naming the four(4)finalists for the vacant City Council Member At-Large position: Sylvia Tyron Oliver; Debbie Lindsey-Opel; John Brandon Martinez; and Kamlesh Bhula Bhikha. City Secretary Rebecca L. Huerta stated that the public interviews would be conducted at approximately 1:00 p.m. during the June 20,2017 City Council meeting. The City Council will deliberate in closed session and will take action on their decision in open session. 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: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Corpus Christi Page 17 Printed on 6/15/2017 City Council Meeting Minutes June 13,2017 Abstained: 0 Enactment No: M2017-084 T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS U. ADJOURNMENT The meeting was adjourned at 7:33 p.m. Corpus Christi Page 18 Printed on 6/15/2017 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Workshop Session Wednesday,June 14,2017 3:00 PM Basement Training Room 1201 Leopard Street 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 Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 3:06 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, Senior Assistant City Attorney Lisa Aguilar, and City Secretary Rebecca L. Huerta. Present 6- Mayor Joe McComb, Council Member Rudy Garza Jr., Council Member Paulette Guajardo, Council Member Ben Molina, Council Member Lucy Rubio, and Council Member Carolyn Vaughn Absent 2- Council Member Michael Hunter, and Council Member Greg Smith Note: Council Member Vaughn arrived at 3:07 p.m. Council Member Hunter arrived at 3:20 p.m. and left at 3:27 p.m. C. BRIEFINGS TO CITY COUNCIL: 1. Status of Health Plans/ Preliminary Fiscal 2018 Budgetary Feedback Mayor McComb referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the status of health plans/preliminary Fiscal 2018 budgetary feedback. Corpus Christi Page 1 Printed on 6/15/2017 City Council Workshop Session Meeting Minutes June 14,2017 Director of Human Resources Steve Viera presented information on the following topics: per-employee, per-month cost by plan (Citicare, Premium, Public Safety, Fire); cost factors; Citicare Fire forecast and premiums; Citicare Police forecast and premiums; Citicare plans,forecast and premiums; premium cost-sharing; and a summary. Council members and staff discussed the following topics: effective date of the proposed health plan changes;the need for Police and Fire to engage in negotiations with the City to ensure Police and Fire share in the burden of increased health care costs; how long the City has self-funded health insurance; self-funding versus fully-insured health insurance; employees' utilization of City health plans;employees obtaining coverage from outside third-parties; how the newly proposed plans compare with the market; the number of lower-/minimum-wage City employees impacted by increased health insurance costs;the substantial negative financial impact of increased health insurance costs on lower-/minimum-wage City employees; use of emergency clinics and associated costs to the plans;that the Affordable Care Act requires that plan participants pay in-network costs for higher-cost out-of-network emergency claims, resulting in higher costs for the City; that an emergency is defined by how the provider bills the claim, including diagnosis codes;that the City has stop-loss coverage for claims equal to or greater than $250,000; utilization of mail order pharmacy and the City's Wellness Clinic;that the City's pharmacy benefit administrator is Express Scripts and the City's health plan administrator is United Health Care;the use of a consumer-driven health plan and Health Savings Accounts as an alternative; the City being restricted from operating its Wellness Clinic if a consumer-driven health plan were to be implemented; closing the City's Wellness Clinic; cash discounts from health providers;the benefits of maintaining the City's Wellness Clinic;that the cost to operate the Wellness Clinic is built into the health insurance premiums employees pay; a request by council members that staff provide a cost analysis of the Wellness Clinic's cost versus savings in the current and next fiscal years; and cost avoidance versus cost savings. Council members and staff went on to discuss the following additional topics: sources of monies to fund the City's FY 2017/2018 budget; potential ad valorem tax and utility rate increases; laying off City personnel;sales tax trends; Code Enforcement's enforcement of City codes and associated revenues;total number of Code Enforecment officers city-wide; potential benefits of city-wide consolidation of Code Enforcement officers; enlisting Solid Waste employees to report code violations to Code Enforcement officers; City employee productivity; reduction of city staff and associated services and realizing greater department efficiencies as cost-savings measures;freezing vacant City positions;eliminating City positions; a long-term plan for Public Safety; improvements to Junior Beck Drive potentially creating additional revenues for the City;the long-term jeopardy in which Police and Fire collective bargaining contracts are placed due to rising health care costs; and the sustainability of the City's retirement plan. D. ADJOURNMENT The meeting was adjourned at 4:34 p.m. Corpus Christi Page 2 Printed on 6/15/2017 3 City Of Corpus Christi FOOD SERVICE ADVISORY COMMITTEE BOARD DETAILS SIZE The Food Service Advisory Committee advises the Director of Health on application of TERM LENGTH 3 Years ordinances regarding food and food OVERVIEW TERM LIMIT 6 Years establishments, reviews the permit fees annually to ensure the cost of the program is returned to the City, conducts hearings pursuant to the sections of the ordinance relating to revocations and makes written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19-84. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Seven (7)members. The membership shall consist of four(4)local food managers F-Elk from the food service or food processing industries and three(3) persons from the community at-large.Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative,and one community member are reappointed each year. No voting member may serve DETAILS more than two terms of three-years each with the exception of those initially appointed for less than a full three-year term. ............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 19-65,Code of Ordinances.Ordinance No. 16026,20294-5/3/88;Ord. 023048,8/26/97 ........................................................................................................................................................................................................................... MEETS Every other month, 1st Tuesday,2:00 p.m., Public Health Dept.,Administration Conference Room. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Health Department .............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION ........................................................................................................................................................................................ FOOD SERVICE ADVISORY COMMITTEE Page 1 of 1 Food Service Advisory Committee Members June 20, 2017 Two(2)vacancies with terms to 6/24/20 representing the following categories: 1-Local Food Manager from the Food Service or Food Processing Industries and 1-Community At-Large. (Note: The Food Service Advisory Committee is recommending the new appointments of Arturo L.Garcia,Jr.(Local Food Manager)and Jonathan E.Villarreal (Community At-Large). Carlos Moreno FOOD SERVICE ADVISORY COMMITTEE Has met the six-year term limitation District 2 2 06/24/17 Local Food Manager Vice-Chair Manuel Ortega FOOD SERVICE ADVISORY COMMITTEE Resigned District 2 2 06/24/17 Community At-Large Member Robert Boyle FOOD SERVICE ADVISORY COMMITTEE Active District 4 2 06/24/18 Community At-Large Member Brian S.Carson FOOD SERVICE ADVISORY COMMITTEE Active District 5 1 06/24/18 Local Food Manager Member George Brown FOOD SERVICE ADVISORY COMMITTEE Active District 4 1 06/24/18 Local Food Manager Member Ted Schroeder FOOD SERVICE ADVISORY COMMITTEE Active District 3 1 06/24/19 Local Food Manager Member Patricia Polastri FOOD SERVICE ADVISORY COMMITTEE Active District 2 2 06/24/19 Community At-Large Chair Food Service Advisory Committee Applicants June 20,2017 Local Food Manager from Food Service or Food Arturo L.Garcia,Sr. FOOD SERVICE ADVISORY COMMITTEE District 5 Arturo Garcia Business Services 4533 Windows Dr. Corpus Christi TX 361-215-5601 Processing Industry Jonathan E.Villarreal FOOD SERVICE ADVISORY COMMITTEE District2 Whataburger 6241 Saratoga Corpus Christi TX Community At-Large APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Mar 31, 2017 Profile Arturo L. Garcia Sr. Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? FOOD SERVICE ADVISORY COMMITTEE: Submitted -0-- Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 qmmmmm� lmvnnm� Primary Phone Alternate Phone Arturo Garcia Business Services Owner Employer Job Title 4533 Windows dr. Work Address-Street Address and Suite Number 4533 Corpus Christi Work Address-City 4533 Texas Work Address-State 4533 78413 Work Address-Zip Code Arturo L. Garcia Sr. Page 1 of 5 361-215-5601 Work Phone artg47@hotmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) High School Graduate 2 years college business owner Arturo Garcia Business Services certified National Instructor Food Manager's Certification through Prometric . Contract with CCISD and Central Kitchen for Food Manager's Certification and training contract with Del Mar as an instructor for Food Manager's Certification and training. Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? r. Yes No 25 If yes,how many years? Art_Garcia_Resume.pdf Upload a Resume Arturo L. Garcia Sr. Page 2 of 5 Please upload any additional supporting documents Demographics TJ Hispanic Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Arturo L. Garcia Sr. Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to FOOD SERVICE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Local Food Manager from Food Service or Food Processing Industry Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? r` Selling of Dwellings r` Renting of Dwellings F Legal Aid Society Staff Member Youth Representative (not more than 20 years of age at time of appointment) r None of the Above Arturo L. Garcia Sr. Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Arturo L. Garcia Sr. Page 5 of 5 BIOGRAPHY (2017) My name is Arturo L. Garcia I was born in McAllen, Texas on September 18, 1947. 1 graduated from McAllen High School in 1965 and continued my education attending Pan American College for the next two years. I am a six year veteran of the United States Army, and I am a property owner, I reside at 4533 Windows Dr. Corpus Christi, Texas 78413 1 am married and have five adult children, in 1990 1 moved to Corpus Christi. I was employed by the Allison and Huerta Law Firm in 1990 as an investigator and later promoted to International Public Relations Supervisor, I later retired in 2010. During those 20 years with the Law Firm I was appointed Executive Director for the Hispanic Chamber of Commerce, Corpus Christi Chapter for one term and re-elected again for another term, and one term as a Board Director. I attended Del Mar College in 1992 and earned my Real Estate license and started part-time teaching real estate law at Del Mar for the following 3 years. I am a National Certified Instructor and teach an environmental class at Del Mar for the National Food Manager's Certification as well as continuous education for Health Inspectors. I am an independent instructor for CCISD training all cafeteria managers including Central Kitchen for their Food Manager's Certification. I am certified by Prometric, a worldwide testing company based out of Nottingham Maryland and I am registered by The National Environmental Health Association based out of Denver Colorado. I am also proprietor of my own private school (DBA)Arturo Garcia Business Services at Del Mar where I hold private classes for those who cannot attend Del Mar schedules. I have been teaching at Del Mar for the past 5 years, and now as an independent instructor and semi-retired I enjoy working and scheduling classes for those in the work force. Arturo L. Garcia APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Jan 21, 2017 Profile Jonathan E Villarreal Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? FOOD SERVICE ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 qmwnws� lwwmw� Primary Phone Alternate Phone Whataburger Team member Employer Job Title 6241 Saratoga Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78414 Work Address-Zip Code Jonathan E Villarreal Page 1 of 5 Work Phone Jonvilla711 @gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? Registered Voter? r Yes r No Current resident of the city? Yes r No 21 If yes,how many years? BLUE RESUME OUTLINE.docx Upload a Resume Texas Food Manager Exam English_6601153.pdf Please upload any additional supporting documents Demographics Jonathan E Villarreal Page 2 of 5 Ethnicity W Hispanic Gender 9 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. P I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Jonathan E Villarreal Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to FOOD SERVICE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? r` Selling of Dwellings r` Renting of Dwellings F Legal Aid Society Staff Member Youth Representative (not more than 20 years of age at time of appointment) r None of the Above Question applies to MARINA ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V None of the Above Jonathan E Villarreal Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Jonathan E Villarreal Page 5 of 5 ------------------------------------------------------------------------------------------------ i learn �. i re 0 W, loft w 0 I � I I Learn2Serve Texas Food Manager Certification Program This document hereby certifies that I Jonathan Villarreal j i I; Has successfully completed the Learn2Serve Texas Food Safety Manager Certification Examination I � e I � Craig Douglas,Learn2Serve I Authorized Signature www.learn2serve.com This is an electronic certificate which Effective Date: 06/30/2015 must be presented to your local Health Regulatory Agency for approval.Course j Expiration Date: Expires 5 years from the effective date fees do not include any fees associated Certification Number: TX-025196 with receiving your food manager re- certification or certification license. j e I Jonathan E. Villarreal Education Associates in accounting I Projected graduation spring of 2018 1 Del Mar College 101 Baldwin Blvd, Corpus Christi, TX 78404, (361) 698-1200 • Major:Accounting • Related coursework: Business Certifications REGISTERED PHARMACY TECHNICIAN • Registered with the Texas Board of Pharmacy • Registration No. 233371 • Expiration 1/31/2018 • PTCB No. 30000097 LICENSED FOOD MANAGER • Licensed as of 6/30/2015 in Nueces County • Permit#15-512 • Expiration 6/30/2017 Work Experience Pharmacy Tech I Kelly's Pharmacy and Compounding 1 520 Everhart, Corpus Christi,Texas 78411, (361)334-4500 • Date of hire 7/11/2014 • Pharmacy Tech and Delivery driver Cafe Team Member I Target • Employment from 10/2013 to 06/2015 • Food Prep, customer service City Of Corpus Christi PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT BOARD DETAILS The Padre Isles Municipal Management District will SIZE 5 Seats promote the health, safety and general welfare of TERM LENGTH 4 Years residents, employers, potential employees, employees, visitors, and consumers in the district, and OVERVIEW of the public; seek and provide needed funding for the district to preserve, maintain and enhance the economic health and vitality of the district's territory as a residential community and business center; and promote the health, safety, welfare and enjoyment of the public by providing for the preservation of bulkhead property and the navigable waters surrounding Padre Island. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The District will consist of five voting directors who serve four-year staggered F-Elk terms with two or three directors'terms expiring June 1 of each odd-numbered year.The governing body of the city shall appoint directors from persons recommended by the board.To be qualified to serve as a director appointed by the governing body of the city,a person must be:(1)a resident of the district who DETAILS is also a registered voter of the district; (2)an owner of property in the district; (3) an owner of stock or a partnership or membership interest,whether beneficial or otherwise,of a corporate partnership,limited liability company,or other entity owner of a direct or indirect interest in property in the district; (4)an owner of a beneficial interest in a trust,or a trustee in a trust,that directly or indirectly owns property in the district; (5)an agent,employee,or tenant of a person described by Subdivision (2), (3),or(4);or(6)an initial director. ...................................................................................................................................................................................................................................................... CREATION/AUTHORITY Res.029719- 1/22/13;Section 59(d),Article XVI,Texas Constitution, S.B. No. 1098,Chapter 3912-6/14/13;Chapter 375, Local Government Code. .............................................................................................................................................................................................................................................................................................................................. MEETS To be determined TERM DETAILS Four-year staggered terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Padre Isles Property Owners Association ............................................................................................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION ............................................................................................................................................................................................................................................................................................................................... PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT Padre Isles Municipal Management District Members June 20,2017 Two(2)vacancies with terms to 6/1/21. (Note: The Padre Isles Municipal Management District is recommending the reappointments of Brent Moore and Darrell Scanlan.) Brent Moore PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT Seeking reappointment District 4 1 06/01/17 Vice-Chair 89% 8/9 meetings Darrell Scanlan PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT Seeking reappointment District 4 1 06/01/17 Member 89% 8/9 meetings Cheri Sperling PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT Active District 4 1 06/01/19 Member Stan Hulse PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT Active District 4 1 06/01/19 Chair Nancy Tressa PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT Active District 4 1 06/01/19 Member City Of Corpus Christi REGIONAL HEALTH AWARENESS BOARD BOARD DETAILS SIZE 15 Seats C. The Regional Health Awareness Board connects the public, government and TERM LENGTH 3 Years industry on issues regarding health, OVERVIEW TERM LIMIT N/A safety, and the government. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The Regional Health Awareness Board is made up of fifteen (15)voting members ■ representing a cross-section of health,environmental,and social interest.Two (2) community members will be appointed by the City Council,two(2)community ■ members appointed by the Nueces County Commissioner's Court,and two(2) community members appointed by the San Patricio County Commissioner's Court DETAILS for three-year terms.At-large members are appointed to three-year terms as follows: 1 -City of Corpus Christi, 1 - Nueces County, 1 -San Patricio County,2- Port Industries of Corpus Christi, 1 -Texas A&M-Corpus Christi,and 1 -Texas A&M-Kingsville.Also, 1 -member appointed by the Irma Lerma Rangel College of Pharmacy and 1 -member appointed by the Education Service Center, Region 2 for three-year terms beginning in January.Additionally,there are four(4)ex- officio/non-voting representatives,one(1)from each of the following agencies: Texas Commission on Environmental Quality, Environmental Protection Agency, Nueces County/City of Corpus Christi Public Health District and San Patricio County Department of Public Health. ...................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Res. No. 025359 6/24/03; Res. No.025423 8/19/03;Ord. No.029965, 10/8/13. ....................... ...................................................................................................................................................................................................................................................... MEETS 4th Thursday of every month,4 p.m.,6th Floor Conference Room, City Hall. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. .............................................................................................................................................................................................................................................................................. DEPARTMENT Health Department ............................................................................................................................................................................................................................................................................................................................ COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION REGIONAL HEALTH AWARENESS BOARD Page 1 of 1 Regional Health Awareness Board Members June 20,2017 One(1)vacancy with term to 1/1/20 representing the following category: 1-City Representative. (Note: City Manager Margie Rose is recommending the appointment of Assistant City Manager Sylvia C.Trevino to replace Assistant City Manager Susan Thorpe as the City Representative.) :.. I . - REMR� - Susan Thorpe REGIONAL HEALTH AWARENESS BOARD Resigned District 1 1 01/01/17 City Representative Member Donna Huddleston REGIONAL HEALTH AWARENESS BOARD Active District 2 10/01/18 City Community Representative Member Ambar Qureshi REGIONAL HEALTH AWARENESS BOARD Active District 1 10/01/17 City Community Representative Member Reynaldo Balboa,Sr. REGIONAL HEALTH AWARENESS BOARD Active 1 10/01/18 San Patricio Representative Member Albert Gest REGIONAL HEALTH AWARENESS BOARD Active 1 01/01/19 Nueces County Representative Vice-President Shannon Ydoyaga REGIONAL HEALTH AWARENESS BOARD Active 1 12/31/19 County Community Representative Member John D.Bowman REGIONAL HEALTH AWARENESS BOARD Active 2 10/01/19 Irma Lerma Rangel College of Pharmacy Representative Secretary Mary Jane Hamilton REGIONAL HEALTH AWARENESS BOARD Active 4 01/01/19 TAMU-Corpus Christi Representative Treasurer Kerry Dubose REGIONAL HEALTH AWARENESS BOARD Active 1 06/01/18 San Patricio Community Representative Member Ricardo Ramirez REGIONAL HEALTH AWARENESS BOARD Active 1 01/01/17 Education Service Center,Region 2 Representative Member James Mobley REGIONAL HEALTH AWARENESS BOARD Active 5 01/01/18 San Patricio Community Representative Chair William Burgin REGIONAL HEALTH AWARENESS BOARD Active 2 10/01/18 Nueces County Community Representative Member Deborah Preshler REGIONAL HEALTH AWARENESS BOARD Active 2 01/01/17 Port Industries Representative Member Vacant REGIONAL HEALTH AWARENESS BOARD Active 01/01/18 Port Industries Representative Member Vacant REGIONAL HEALTH AWARENESS BOARD Active 01/01/19 TAMU-Kingsville Representative Member Clara L.Reider REGIONAL HEALTH AWARENESS BOARD Active N/A N/A San Patricio County Department of Public Health Ex-Officio,Non-voting Susan Clewis REGIONAL HEALTH AWARENESS BOARD Active N/A N/A Texas Commission on Environmental Quality Ex-Officio,Non-voting Annette Rodriguez REGIONAL HEALTH AWARENESS BOARD Active N/A N/A Nueces County/City of Corpus Christi Public Health District Ex-Officio,Non-voting Vacant REGIONAL HEALTH AWARENESS BOARD Active N/A N/A Environmental Protection Agency Ex-Officio,Non-voting City Of Corpus Christi SENIOR COMPANION PROGRAM ADVISORY COMMITTEE BOARD DETAILS The Senior Companion Program Advisory Committee advises SIZE the City Council, City Manager, and Parks Department Staff fn regarding the Senior Companion Program (SCP) including, but TERM LENGTH 2 Years 107 not limited to: recruitment strategies; providing support in recruitment of volunteers and volunteer stations;serving as OVERVIEW TERM LIMIT 6 Years i community advocates and liaisons; assisting in development of non-federal resources to include fundraising; advising on programming for impact; advising on how to measure trends and impact of trends in the community; assisting with development and implementation of program evaluations and surveys;conducting an annual assessment of the program by surveying program volunteers; bi-annually assessing project accomplishments and impact; and attending special events and activities related to the SCP. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The committee shall consist of seven (7) members and must express an interest F.E'k in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 -SCP Volunteer(active volunteer for one-year/serve minimum fifteen (15) hours per week), 1 -SCP Volunteer Workstation representative(executive,director or similar leadership DETAILS position at a current SCP Volunteer Station),and 5-At-Large. All terms shall be two(2)years. ....................................................................................................................................................................................................................... CREATION/AUTHORITY Ordinance No. 027915, 10/28/08. ............................................................................................................................................................................................................................................................................................................................. MEETS Last Thursday of every month at 4:00 p.m., Lindale Senior Center. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Parks and Recreation Department ............................................................................................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE AGENDAS ........................................................................................................ OTHER INFORMATION _.............................................................................................................................................................................................................................................................................................................................. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Page 1 of 1 Senior Companion Program Advisory Committee June 20,2017 Four(4)vacancies with terms to 6/16/19 representing the following categories: 3 At-Large and 1-SCP Volunteer Workstation Representative. (Note: The Senior Companion Program Advisory Committee is recommending the reappointments of Sherry DuBois(At-Large),Tami Longino(At-Large)and Veronica Marsello(SCP Volunteer Workstation Representative)and the new appointment of Maria 1.Odeh(At-Large). Sherry DuBois SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Seeking reappointment District 5 1 06/16/17 At-Large Co-Chair 86%6/7 meetings Tam!Longino SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Seeking reappointment District 2 06/16/17 At-Large Chair 86%6/7 meetings(1 exc.) SCP Volunteer WorkStation Veronica Marsello SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Seeking reappointment District 2 1 06/16/17 Representative Member 86%6/7 meetings Shirley Selz SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Has met the six-year term limitation District 3 06/16/17 At-Large Member Christine Head SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 1 Partial 06/16/18 SCP Volunteer Representative Member Jeannine M.Leal SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 1 06/16/18 At-Large Member Veronica Ramirez SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 1 06/16/18 At-Large Member Senior Companion Program Advisory Committee June 20,2017 ®® BoardsApplyir�g For Community At-Large or SCP Volunteer Workstation Martin A.Longoria SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 3 Nueces County Department of Veterans Affairs 602 North Staples Corpus Christi TX 361-888-0820 Representative Community At-Large or SCP Volunteer Workstation Maria I.Odeh SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 2 Gentiva Hospice 5330 South Staple!Corpus Christi TX 361-992-2700 Representative Gloria Ortiz SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 1 AM� Community At-Large APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Aug 03, 2016 Profile Martin A Longoria Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? V District 3 IWO W" Primary Phone Alternate Phone Nueces County Department of Veterans Affairs Employer Job Title 602 North staples Work Address-Street Address and Suite Number Corpus Christi Work Address-City Tx Work Address-State 78401 Work Address-Zip Code Martin A Longoria 361-8880820 Work Phone martin.Iongoria@nuecesco.com Work E-mail address Preferred Mailing Address W Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) Member Mayors committee for Veterans affairs, Purple heart, American Legion, VFW Why are you interested in serving on a City board, commission or committee? Registered Voter? YesNo Current resident of the city? r Yes r No 20 _ If yes,how many years? Longoria Manger 3.docx Upload a Resume Please upload any additional supporting documents Martin A Longoria Demographics Ethnicity 9 Hispanic Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Martin A Longoria Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W SCP Volunteer Workstation Representative (Executive, Director or similar leadership position at a current SCP Volunteer Station) Martin A Longoria Martin A. Longoria =ANNE= EDUCATION: Bachelor of Science Degree Social Psychology Parkville,Mo EXPERIENCE: December 2013 to Present: Military Program Coordinator: Serve as the eLine Military Program coordinator for the College of Nursing and Health Sciences at Texas A&M Corpus Christi consisting of 62 students active duty service members and veterans. • Responsible for the evaluation and documentation of all military and university coursework. • Responsible for advising nursing administration and nursing faculty on student issues and military matters. • Responsible for scheduling appointments with students to inform them of educational benefits,veteran's benefits,and health benefits. • Responsible for communicating with various military organizations and community veteran's organizations too conducted information briefings and presentations at local military installations and community events. May 2012 to January 2014: Chief of Plans and Training Fort Hood,Texas: Served as the Chief of Plans and Training for a training support brigade that trains and deploys Army Reserve and National Guard units. Supervised 4 Army officer and 3 non-commissioned officers to include 2 Department of defense personnel. • Responsible for all future planning for deploying units and oversight all training to ensure training is in accordance with Army policy and regulation. • Successfully ensured all training objectives were completed on time prior to deployment. • Communicated with various civilian and government agencies to ensure all soldiers had completed all training requirements prior to deployment. • Established,assessed,and directed Army policies and procedures in all areas relating to training, safety, and anti-terrorism. • Responsible for all logistics and vehicle maintenance and issue to units deploying from Killeen,Texas. May 2010 to May 2012: Captains Career Course Instructor Writer Fort Sill,Oklahoma; Served as Instructor Writer at the Captain's Career course for Air defense.Responsible for training,leading,instructing and mentoring domestic and foreign officers in preparation to be commanders and staff officers. • Successfully developed and revised the program of instruction for the Captains Career Course. • Responsible for providing high quality small group instruction in intelligence preparation of the battlefield,military decision making process, combined arms doctrine,training management,logistics operations,and force protection. • Responsible for writing and updating all lesson plans,exams,and technical updates in support of the program of instruction. • Identified and improved the existing air and missile defense exercise at the Fort Sill simulation center by utilizing classroom 21technology. • Maintained oversight of all personnel through weekly training meetings,command briefings,calendar management,and quarterly training briefs to ensure training and administrative standards were met. • Responsible for all classroom training, scheduling,equipment and instructors. March 2008 to May 2010:Professor of Military Science Laredo,Texas: Served as the Professor of Military Science at Texas A&M International University in Laredo,Texas. • Managed one university ROTC program and one community college conducting all administrative,financial transaction,logistics and training. • Responsible for assisting transitioning veterans with educational benefits,veteran's benefits and health benefits. • Responsible for executing all training events in accordance with Army training policy and doctrine. • Responsible for updating all lessons plans and exams in accordance to Army doctrine. • Responsible for commissioning cadets into the United States Army as second lieutenants. May 2005 to March 2008—Division Air and Missile Defense Deputy Fort Hood,Texas: Served as the Deputy Air Defense officer and Force Protection Vulnerability assessment officer. 0 Served as a Captain in a Major position,one rank above pay grade. • Advised the Division Commander,Maneuver commander on all force protection and air defense matters. • Managed a staff of 10 personnel and coordinated all training events,briefings,and updates on a weekly basis. • Conducted over 100 force protection vulnerability assessments and coordinated all in briefs and out briefs to commanders with recommendations on soldier safety and preventive measures against terrorist attack. • Responsible for coordinating with government contractors on force protection logistics. March 2002 to November 2004 Platoon Leader/Executive Officer Fort Polk,Louisiana: Served in numerous duty positions as a platoon leader and executive officer. • Served as a platoon leader/executive officer for a command consisting of 135 soldiers,45 vehicles and operating equipment. • Responsible for all training,maintenance operations,logistics and financial transactions. • Advised the commander on all administrative and personnel actions. • Responsible for government contracts in excess of 1.5 million dollars. • Responsible for operating budget in excess of 500,000 dollars. • Maintained control of team members,administrative planning and training coordination for the unit. • Implemented policy letters and SOPs(standard operating procedures)for the units. APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Jun 01, 2017 Profile Maria I Odeh Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 qmmmmmm� lmvnnm� Primary Phone Alternate Phone Gentiva Hospice Medical Social Worker Employer Job Title 5330 South Staples Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code Maria I Odeh 361-992-2700 Work Phone maria.odeh@gentiva.com Work E-mail address Preferred Mailing Address W Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Master of Social Work 21 years experience as Hospice Social Worker, 8 Years expeerience in Healthcare related social work; 6 years experience as Senior Companion Volunteer Services Advisory Board; Over 10 years as Volunteer Station Liason for Senior Companion Volunteer Community Services Why are you interested in serving on a City board, commission or committee? I have served in the past, and I am interested in resuming my position since I continue to be committed to the Senior Community Volunteer Services Program. Registered Voter? r Yes No Current resident of the city? Yes r No 31 years If yes,how many years? Maria Isabel Odeh Resume.pdf Upload a Resume Maria I Odeh Please upload any additional supporting documents Demographics I Hispanic Gender IW Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Maria I Odeh Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * I SCP Volunteer Workstation Representative (Executive, Director or similar leadership position at a current SCP Volunteer Station) Maria I Odeh From: 06/01/2017 08.17 #928 P.002/002 Maria Isabel Odeh Employment Gentiva Hospice, An Affiliate of Kindred at Home/Medical Socia! Worker —July 1996 to Present Provide teaching, counseling and support to terminally ill patients and their families. Home Health Social Worker -- Independent Contractor 1993 to 1996 Social work services to patients in numerous home health agencies in the Community. Christus Spohn Hospital -- 1990 to 1993 Hospital social worker - Discharge planning services in hospital setting. Bayview Hospital —1987 to 1990 Psychiatric social worker -individual, group and family therapy in hospital setting. Texas Department of Human Services —1982 -1987 Child Protective Services Caseworker Education Master of Social Work, 1982; Bachelor of Social Work, 1981 Our Lady of the Lake University, San Antonio, Texas Community involvement City of Corpus Christi —Advisory Board Member/Senior Companion Volunteer Program 2009 - 2016 APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Feb 07, 2017 Profile Gloria Ortiz Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * V District 1 1111•111101•16 Suite or Apt State 111101•111aMi iummtimmil Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Gloria Ortiz Postal Code Work Phone gloriaortiz44@yahoo.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) GED. I enjoy fishing and sewing. Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes c No Born and raised here in C.C. If yes, how many years? Upload a Resume Please upload any additional supporting documents Gloria Ortiz Demographics Ethnicity 17 Hispanic Gender IW Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Gloria Ortiz Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * fJ SCP Volunteer (Active Volunteer for one-year/serve minimum fifteen (15) hours per week) Gloria Ortiz 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 13, 2017 Action Item for the City Council Meeting of June 20, 2017 DATE: May 1, 2017 TO: Margie Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll(c�cctexas.com 361-826-3464 Public Art for Fire Station No. 18 CAPTION: Motion authorizing the City Manager or designee to execute an agreement to purchase a work of art created in mosaic tile, by artist Jeremiah Heye, owner of Heye Mosaics LLC, in the amount of $22,000.00 for Fire Station #18 to fulfill the public art requirement of Public Art Ordinance No. 21435, Sec 2-109. (Bond 2008) PURPOSE: Authorize an artist agreement for permanent art for Fire Station No. 18 as part of the City's public art program. BACKGROUND AND FINDINGS: Three tile murals located on the exterior of the Fire Station No. 18 building, approved with the 2008 Bond projects, the primary proposed tile mural by artist Jeremiah Heye will be 8 feet wide by 12 feet high made of hand crafted tile murals and representing a Corpus Christi Fire Fighter in bunker gear. The second hand crafted tile mural will be an approximately 2.5 x 2.5 foot tile mosaic of the Corpus Christi Fire Department patch; and the final hand crafted tile mural will be an approximately 2.5 x 2.5 foot tile mosaic of the Corpus Christi Maltese Cross. The proposal was unanimously approved by the Arts and Cultural Commission at their April 11, 2017 meeting. ALTERNATIVES: Do not approve purchase of artwork. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This project is being funded according to Public Art Policies and Guidelines. These policies and guidelines were passed by the City Council on March 10, 1987. Per the Public Art Ordinance, Ordinance No. 21435; Municipal public art program; Sec. 2-109 (e)(1) — Program Administration. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Engineering and Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 22,000.00 $ 22,000.00 Encumbered/ Expended Amount This item BALANCE $ 22,000.00 $ 22,000.00 Fund(s): Bond Fund 3191 Comments: None RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Artist Agreement Attachment—Concept drawing of artwork Page 1 of 15 AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND FOR ARTWORK AT FIRE STATION #18 This agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and Heye Mosaics LLC ("Artist"). WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public work of art at, in, or near the selected site of Fire Station #18 located at 6226 Ayers Street, Corpus Christi, Texas, 78415 ("Project Premises"); WHEREAS, Artist submitted a proposal to City's Arts and Cultural Commission ("Commission"); WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, and installed in order to promote the integrity of Artist' ideas and statements as represented in the artist's proposal and as represented by and in the completed Artwork; NOW, THEREFORE, the City and the Artist, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director"). Section 3. Artwork. The City, through this Agreement, contracts with Artist to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of mosaic art ("Artwork"). A representative design of the Artwork, including plans and specifications, will be approved by the Director and the Arts and Cultural Commission and will be attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Artist acknowledge that Artist's preliminary design for the Artwork, currently attached to this Agreement as Exhibit A, had previously been reviewed and approved by the City's Arts and Cultural Commission ("Commission"), a commission whose members are appointed by the City's City Council ("City Council"). Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of $22,000.00, which is full compensation for all services to be performed and all materials to be furnished by Artist under this Agreement. The payment of compensation to Artist, at any time during the term of this Page 2 of 15 Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defective performance by Artist. B. The fee will be paid in the following installments, each installment to represent full and final payment for all services and materials provided prior to the payment thereof: (i) $3,300.00 will be remitted by the City to the Artist within twenty (20) working days of this Agreement being signed by both parties, (ii) $11,000.00 will be remitted by the City to the Artist within twenty (20) working days of the plans and specifications being approved by the City, (iv) $2,200.00 within twenty (20) working days of the Artwork being installed and Notice of Final Acceptance has been issued. Section 6. Fabrication of Artwork. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork. Section 7. Completion of Artwork. The Artwork should be fully fabricated and ready for installation no later than 180 days after contract execution. Deviation from this deadline requires written notice to the City, but in no way shall fabrication and installation take more than 240 days. Section 8. Notice of Substantial Completion, Notice of Acceptance, and Notice of Final Acceptance. A. Director, or designee, shall inspect the Artwork plans and specifications. Upon acceptance of the Artwork plans and specifications, the City shall provide Artist with "Notice of Acceptance" and will issue payment to Artist, under Section 5(B)(ii) of this Agreement ("Notice of Acceptance"). Upon receipt of a deficiency notice, Artist will be given a reasonable time in which to correct all deficiencies noted by the City. Artist shall assume all costs associated with the correction of any deficiencies noted. Upon correction of all deficiencies, the City shall notify Artist in writing of the City's accepted arrival of the Artwork and issue a Notice of Acceptance. B. Artist shall send to Director a written notice of substantial completion ("Notice of Substantial Completion") when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit A and will issue payment to Artist, under Section 5(B)(iii) of this Agreement. C. Upon installation of the Artwork and site cleanup, the City shall notify Artist in writing of its final acceptance ("Notice of Final Acceptance") of the Artwork and will issue payment to Artist, under Section 5(B)(iv) of this Agreement. Final acceptance shall not be unreasonably withheld. Site cleanup shall consist of Artist cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Artist's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Page 3 of 15 Section 9. Installation of the Artwork. Artist shall provide plans and specifications for installation of the Artwork. Artist will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises, in compliance with the project's design firm. Section 10. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after installation of the Artwork, instructions and cost estimate regarding routine maintenance required for each component of the Artwork. Section 11. Work Standards. All fabrication work must be performed in a good and workmanlike manner and in accordance with the plans and specifications in Exhibit A. Section 12. Taxes. A. The City is a tax-exempt organization and no State of Texas or local sales taxes are due upon the Artwork by the City. The City shall supply Artist with a copy of the Texas Sales Tax Exemption Certificate ("Texas Certificate"). The City does not warrant that the Texas Certificate will be acceptable in any other jurisdiction outside the boundaries of Texas for tax-exempt purchases of materials or supplies to be used for the Artwork. B. Artist is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Artist or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from Artist' activities and undertakings pursuant to this Agreement; taxes levied on Artist' art studio and any improvements on the studio property or other place used for the fabrication and completion of the Artwork; taxes levied on Artist' equipment, tools, and machinery; and taxes levied on Artist' interest in this Agreement. Section 13. No Assignment of Work Without Authorization. The work and services required of Artist under this Agreement are personal to Artist and may not be assigned, delegated, or transferred without the express, written approval of the City. This provision does not prohibit Artist from having the Artwork cast at an approved foundry or from employing qualified personnel to work under Artist' direct supervision and control with respect to the Artwork. Section 14. Review of Work in Progress. Upon reasonable, prior notice to Artist, the City's officers, employees, and agents must be allowed to make reasonable inspections and reviews of Artist' progress with respect to the Artwork. Section 15. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. Page 4 of 15 B. Any subcontractors, if approved by the City, must secure and maintain the same levels and types of insurance shown in Exhibit B prior to performing any work related to this Agreement. C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit B, to the City's Risk Manager and Director upon the execution of this Agreement. D. The certificate of insurance must name the City as an additional insured and must provide the City with at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required by Exhibit B. Section 16. Artist's Expenses. Artist shall be responsible for the payments of all mailings for submission to the City, including any required insurance certificates; shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for Artist' employees; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations required by Artist under this Agreement. Section 17. Public Information by Artist. Artist shall acknowledge the City's role in purchasing the Artwork in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Artist survives the termination of this Agreement. Section 18. Independent Contractor; Lack of Contractual Authority. A. Artist shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Artist as the agents or legal representatives of the City for any purpose whatsoever, and Artist are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 19. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. City obtains the rights to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. On each municipal reproduction, Artist will be acknowledged, using designations provided by Artist, to be the creator of the original Artwork depicted, provided that reproductions of any proposals and preliminary studies may not be identified as, or represented to be, the finished Artwork. The rights granted by this subsection survive the termination of this Agreement. Section 20. Risk of Loss. Artist shall take all measures reasonably necessary to protect the Artwork from loss or damage until Artist have completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Artist shall obtain Page 5 of 15 property insurance, as set out in Section 15 of this Agreement, for loss or damage of the materials paid for by the City while in Artist's possession and control. Section 21. Indemnification. To the extent allowed by Texas law, Artist ("Indemnitors") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitor's employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or loss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No liability attaches to the City by virtue of entering into this Agreement except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 22. Artist' Warranties. A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for 20 years, and guarantees the Artwork against faulty material and workmanship, including inherent vice, for 20 years. The term "inherent vice" means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Artist shall, at the City's option, remedy or pay for any loss or damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. The City shall give written notice with reasonable promptness to Artist regarding observed defects in the Artwork that occur or appear. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Artist of liability or responsibility for faulty material or workmanship. This provision survives the expiration of this Agreement. B. Warranty of Title. Artist warrants and guarantees that, upon the City's final remittance of payment to Artist, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all employees and suppliers of Artist. This provision survives the expiration of this Agreement. Page 6 of 15 Section 23. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. The City, through this Agreement, is commissioning and purchasing a work of public art, and the City shall determine the Artwork's placement at the Project Premises. This reservation of rights survives the expiration of this Agreement. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. This reservation of rights by the City survives the expiration of this Agreement. Section 24. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Artist shall inform the City in writing and submit proof of force majeure within three (3) business days of the event or occurrence of force majeure. Artist' failure to inform and submit proof to the City of force majeure constitutes a waiver of this right as a defense. The failures or delays to perform extend the period of performance until these exigencies have been removed. Section 25. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations set forth in this Agreement that: 1) the parties have expressly agreed survive the termination or expiration; 2) remain to be performed; or 3) by their nature would be intended to be applicable following the termination or expiration. Section 26. Non -Discrimination. Artist shall not discriminate or permit discrimination against any person or group of persons, as to employment or in the performance of services under this Agreement, 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 Director retains the right to take the action as the United States may direct to enforce this non- discrimination covenant. Section 27. Compliance with Laws. A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be relevant or applicable to Artist' performance under this Agreement. B. This Agreement is also subject to applicable provisions of the City's Charter. Section 28. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 29. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Page 7 of 15 Section 30. Notice. A. 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; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; (5) by fax transmission; or (6) e-mail. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed effective upon transmission with proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: IF TO ARTIST: Heye Mosaics LLC Attn: Jeremiah Heye 251 Lula Mae San Antonio, Texas 78219 (210) 452-5399 C. Either party may change the address to which notice is sent by using a method set out above. Artist shall notify City of an address change within ten (10) days after the address is changed. Section 31. Mechanics and Materialman's Liens. Artist must not allow the Artwork to be encumbered by any notice of intention to file a mechanic or materialman's lien or by the filing of a mechanic or materialman's lien. In the event that any notice of intention to file a mechanic or materialman's lien is received by Artist or a mechanic or materialman's lien is filed against the Artwork purporting to be for labor or materials, Artist must discharge the same within ten (10) days of the notice or filing. Section 32. Disputes. Any disputes concerning Artist' performance of this Agreement that are not disposed of by agreement between Artist and the Director will be referred to the City Manager or the City Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty-five (45) days, the parties may pursue other legal rights and remedies to resolve the disputes. Section 33. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Page 8 of 15 Section 34. 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 under this Agreement. 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, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. C. If any action by Artist requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same action or any other action on any other occasion. D. Any waiver or indulgence of Artist' default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Artist are in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of said rights and remedies that the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. E. Any waiver or indulgence of the City's default of any provision of the Agreement will not be considered an estoppel against the Artist. It is expressly understood that, if at any time the City is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Artist to promptly avail themselves of said rights and remedies that the Artist may have will not be considered a waiver on the part of the Artist, but the Artist may at any time avail themselves of said rights or remedies allowed under this Agreement, in law, or in equity. Section 35. 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 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 parties 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, in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 36. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By Artist' Page 9 of 15 execution of this Agreement, Artist agree to be bound by the terms, covenants, and conditions contained in this Agreement. By agreement of the parties, any ambiguities in this Agreement may not be construed against the drafter. Section 37. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Section 38. Disclosure of Interests. Artist agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Artist agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Artist 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. Section 39. Executory Agreement. This Agreement is not considered valid until signed by authorized representatives of each of the parties and approved by the City Council. Section 40. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist' agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist' performance under this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of , 2017. CITY OF CORPUS CHRISTI Margie C. Rose Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM _ 2017 Lisa Aguilar, Assistant City Attorney ARTIST By: Printed Title:„Nt�i1� C Date: J Page 10of15 STATE OF TEXAS COUNTY OF Itkal This instrumenl vas acknowledged before me on /141 ,g , 2017, by cinn\a‘-‘ mire. as for Hays Mosaics, LLC. Notary Public, State of Texas My Commission Expires LIST OF ATTACHED EXHIBITS Exhibit A: Artwork Plans and Specifications Exhibit B: Insurance Requirements lC-I-A LAP otary's Pnnted Name ADAM RYAN FELIAI Notary Public STATE OP TEXAZ My Comm Exp. O4:30J2021 UN 12040s$40 Page 11 of 15 EXHIBIT A Fire Station No. 18 Public Art Three tile mosaics attached to the exterior: • 8 x 12 foot image of a Corpus Christi Fire Fighter in bunker gear entering a fire • Approximately 2.5 x 2.5 foot mosaic of the Corpus Christi Fire Department's Patch • Approximately 2.5 x 2.5 foot mosaic of the Corpus Christi Maltese Cross • Mosaic 8'x12' 11'-7318 ,5-0114'J, *ft: FIELE VENVI t.L U EP6FONS FICA ` !1+F* IdrlLLAT10M PARTIAL EXTERIOR ELEVATION SCALE V1' EXHIBIT A Fire Station No. 18 Public Art 40'-4 51S- 4"-71/4" 14'.10" 1.-6 i7 14'-10 4'-7 1/4" U7 Page 12 of 15 Maltese Cross Fire Department Patch Page 13 of 15 EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE B. Contractor must furnish to the City' s Risk Manager and Park & Recreation Director 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Page 14 of 15 To be provided by person or entity providing the transportation and installation of the artwork 1. During the transportation to and installation of the artwork at the Site In amounts sufficient to cover the replacement cost of the artwork 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 Page 15 of 15 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor' s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Parks and Recreation Tile Mural Art Installation at Fire Station No. 18 05/01/2017 sw Risk Management A#nx htOyTAR 1 SEAL ABOVE Sworn to and btlare me. by the said cJ 1'e rAi •vb,_. '� �J�.. , grls the 11 day of ri 0 ich. %Wiens my hand and seal of office, , 1dr1 1 roma,. or affirm, under 'smithy of porlury, 7rM the above d asu,e is true and =trod. SgrraIwe Leek) rl Z13 Printed name al dicer ecimedatonnp oath Tide el officer adrnira>"ering oath s provided hits Commission Hww.echia.state.tx.us Version V1.O_B83 EXHIBIT A Fire Station No. 18 Public Art Three tile mosaics attached to the exterior: • 8 x 12 foot image of a Corpus Christi Fire Fighter in bunker gear entering a fire • Approximately 2.5 x 2.5 foot mosaic of the Corpus Christi Fire Department's Patch • Approximately 2.5 x 2.5 foot mosaic of the Corpus Christi Maltese Cross Mosaic 8'x12' CO 0 11'-7 318' MOM: FIELD VERIFY ALL DMEIISIONS MOOR TO ART K1STALLAIION PARTIAL EXTERIOR ELEVATION SCALE: I'4' ■1'-0' l 5'-0 EXHIBIT A Fire Station No. 18 Public Art 40'-4 518" 4'-7 114"� 14-1D' 14"-10" /4'-7 114" Maltese Cross Fire Department Patch Sec. 2-109. - Municipal public art program. (a) Purpose. The City of Corpus Christi accepts responsibility for expanding the opportunities for its citizens to experience art in public places. The city also recognizes the substantial economic benefits to be gained through the enhancement of tourism. A policy is therefore established to direct the inclusion of works of art in certain city construction projects or other city owned properties and to encourage the inclusion of works of art in private developments in the City of Corpus Christi. (b) Definitions. For the purposes of this section: Art selection panel means a committee which may be established by the commission on an ad hoc basis to assist the commission in administering, procuring, or incorporating artwork with a particular city construction project. Arterial street means streets identified as arterials in the master transportation plan. City construction project means any capital project paid for wholly or in part by funds appropriated by the city council to construct or remodel a building, parking facility, park, arterial street, sidewalk, or any portion thereof. Construction cost means the total city -funded portion of a city construction project less demolition costs, equipment costs, and real property acquisition costs. Demolition costs means payments for any work needed for the removal of buildings or other existing structures from city property. Equipment costs means payments for any equipment or furnishings that are portable and of standard manufacture. Equipment shall not mean items that are custom designed for, or that create a new use for, a facility, whether portable or affixed. Real property acquisition costs means payments made for the purchase of parcels of land, existing buildings or structures, and costs incurred by the city for appraisals or negotiations in connection with such purchase. Visual arts committee means a standing committee of the commission which reviews the suitability of artwork, recommendations of art selection panels, and monitors the continued implementation of the commission's procedures, guidelines, and recommendations for the municipal public art program. The visual arts committee shall report directly to and make recommendations to the commission. Works of art or artwork shall mean any form of original, permanent creation of visual art which shall include, but not be limited to: (1) Paintings of all media such as frescoes and murals; (2) Sculptures, in any material or combination of materials, for ornamentation or commemoration such as statues, monuments, fountains, arches, bas-reliefs, mobiles, or kinetic, electronic, and neon sculptures; and (3) Other forms such as inscriptions, stained glass, fiber works, carvings, mosaics, photography, drawings, collages, textile works, prints, or decorative or utilitarian crafts utilizing clay, fiber, wood, metal, glass, stone, plastic, and other materials. (c) Funds for works of art. (1) Allocations. All allocations for funds for city construction projects shall include an amount equal to one and one-quarter (1Y4) per cent of the construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs such as professional fees, community education, insurance, curatorial services, identification, documentation and publicity. If the source of funding, applicable law governing any particular project, or the expenditure of such funds precludes art as permissible expenditure, the amount of funds so restricted shall be excluded from the construction cost, as defined herein, in determining the amount to be allocated as provided herein. City construction projects with a Page 1 construction cost of less than fifty thousand dollars ($50,000.00) shall be excepted, and no allocation shall be made on such projects. Eligible city construction projects for operational facilities that are not visited by the public on a routine basis nor designed for public access shall not have publicly funded interior artwork, but the exterior of such facilities remain eligible for artwork. Concurrent with the appropriation to fund a related city construction project, the city council shall appropriate funds as specified herein and request the municipal arts commission to appoint an art selection panel for the project. Separate accounts shall be established whenever funds are required to be used at a designated city construction project. Except for the following city construction projects approved by voter referendum on April 5, 1986, namely the police station and municipal court facility, airport terminal interior: treatment of ceilings and lighting and renovations of restrooms, development of unimproved parkland, and the recreation center, which shall be subject to the allocation for public art, all future appropriations for city's construction projects previously authorized by bond referendum prior to the effective date of this section shall be exempt from the allocation for public art. However, Relocation of Fire Station No. 1 shall be eligible for exterior public artwork. (2) Grant applications. From the effective date of this section, applications for capital projects to granting authorities shall include amounts for work of art as specified herein, insofar as permissible by the granting authority. (d) Uses of funds. Funds allocated in accordance with this section may be used for the selection, acquisition, purchase, commissioning, placement, installation, exhibition or display of works of art. The works of art shall be permanent, may be integral to the architecture, or may be placed in, on, or about a city construction project or other city property. To the extent practical, artist, selection should be concurrent with selection of the architect or designer, to ensure integration of the artwork into the project architecture. In the event that a particular city construction project is deemed inappropriate for the placement of artwork by the municipal art commission, if not otherwise prohibited by law, the funds appropriated for artwork shall be used at other more appropriate public sites. (e) Municipal arts commission responsibilities. (1) Program administration. The commission shall be responsible for advising the city manager and the city council on all aspects of the administration of the municipal public art program, including establishing policies and guidelines, designating sites, determining project budgets, selecting artists and commissioning artworks, reviewing the design, execution and placement of works of art and the removal of works of art from the city collection. The commission shall also direct appropriate citizen involvement in the selection process. Appropriate community education activities should be part of the placement of artworks under this section. Such activities may include, but are not limited to, exhibitions, workshops, artist residencies, dedications, and other programs designed to ensure public acceptance and enjoyment of the artworks. (2) Art selection panels. When requested by the art council the commission shall appoint art selection panels to utilize professionals in the visual arts and design fields as part of the artwork selection process to ensure artwork of the highest quality. Each panel shall have voting and nonvoting members as prescribed by the guidelines and rules of the commission. The art selection panels shall include members of the commission and others. It is within the sole discretion of the commission to select persons to be appointed to an art selection panel. Maintenance. The commission shall require that any recommended work of art needing extraordinary operation or maintenance costs be accompanied with a fiscal note, detailing such extraordinary costs. Maintenance of the artwork under the various city departments' care shall be the responsibility of those departments, provided that all repairs and maintenance of artworks by city departments or any other person or agency shall have the prior consultation with the commission. (3) Page 2 Such repair and maintenance shall comply with any contractual obligations which may have been entered into upon the acquisition of those artworks. The commission shall, at least annually, conduct a survey of the entire city -owned artwork collection. Such survey shall be submitted to the city council and shall include a review of the condition of each artwork in the collection and shall contain recommendations for the care and maintenance of the artworks, along with the estimated cost thereof. Annually, the city council shall make available such sums for the maintenance of the city collections as it deems appropriate. (4) Gifts and donations. The commission shall have further responsibility for reviewing and recommending for approval any artworks proposed to be donated to the city. The commission shall establish such policies and guidelines as may be appropriate to facilitate and encourage the donation of works of art of high quality to the city. Style. The public art program is not intended to support exclusively works of art of any particular school, style, taste or medium. The commission shall ensure that, over time, the city collection shall represent a broad range of artistic styles, tastes and media. (5) (Ord. No. 19663, § 1, 3-10-1987; Ord. No. 21435, § 1, 7-14-1992) Page 3 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 13, 2017 Action Item for the City Council Meeting of June 20, 2017 DATE: May 25, 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 and Land Acquisition Creek View Drive Extension Bond 2014 Proposition 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Max Underground Construction, LLC. of Corpus Christi, Texas in the amount of $308,720.50 for the Creek View Drive Extension project for the base bid and to execute a land acquisition purchase agreement for $94,000 with William E. McKinzie, Jr. Family Limited Partnership, and closing costs of $3,000. (Bond 2014 Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Creek View Drive Extension project and land acquisition purchase agreements for the required City right of way. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "This project includes extending Creek View Drive to McKinzie Road" Project Scope: Creek View Drive is an existing 2 -lane roadway in the subdivision with the Tuloso-Midway Primary School that dead ends 400' short of McKinzie Road. The proposed extension to McKinzie Road will allow Creek View Drive to serve as a local collector to improve access and circulation for the neighborhood and school. The extended roadway will match the existing pavement section with one travel lane in each direction constructed of Hot -Mix Asphalt Concrete (HMAC) pavement with new curb & gutter, ADA compliant sidewalks and utility improvements. This project was developed with a single base bid. On March 22, 2017, the City received proposals from six (6) bidders and the bids are as follows: Contractor Base Bid MAX Underground Construction, LLC. Corpus Christi, Texas $308,720.50 Mako Contracting Corpus Christi, Texas 359,418.00 Ram-Bro Contracting, Inc. Robstown, Texas 400,605.50 JHABORES Construction Company, Inc. Corpus Christi, Texas 448,223.10 A. Ortiz Construction and Paving, Inc. Corpus Christi, Texas 472,157.51 J. Carroll Weaver Sinton, Texas 547,878.84 Engineer's Opinion of Probable Cost $314,040.80 This project required land acquisition to extend Creek View Drive to McKinzie Road. The total cost of the land acquisition is $94,000 with a purchase price of $61,132.77 for the City right of way (ROW) plus $32,867.23 resulting from damages and there is an additional $3,000 in closing costs. The damages are a result of severing the property into two tracts which devalues the total market value of the properties. ALTERNATIVES: 1. Authorize execution of a construction contract and real estate sales contract. (Recommended) 2. Do not authorize execution of a construction contract and/or a real estate sales contract. (Not Recommended) OTHER CONSIDERATIONS: Maverick Engineering, 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 and real estate 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 $63,300.00 $517,750.00 $581,050.00 Encumbered / Expended Amount 63,300.00 63,300.00 This item (Construction) 308,720.50 308,720.50 This item (Land Acquisition and closing costs) 97,000.00 97,000.00 Future Anticipated Expenditures This Project 83,546.50 83,546.50 BALANCE 0 $28,483 $28,483 Fund(s): Street Bond 2014, Proposition Two and Utilities CIP Comments: N/A RECOMMENDATION: City staff and Maverick Engineering, Inc. recommend the construction contract be awarded to Max Underground Construction, LLC. in the amount of $308,720.50 for the base bid and a real estate sales contract for $94,000 be executed with William E. McKinzie, Jr. Family Limited Partnership for the Creek View Drive Extension project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form (2)1295 Letter of Recommendation Real Estate Sales Contract PROJECT BUDGET ESTIMATE Creek View Drive Extension BOND 2014 Proposition 2 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 2 $ 295,000 Storm Water CIP 138,450 Water CIP 143,450 Gas CIP 4,150 TOTAL FUNDS AVAILABLE $ 581,050 FUNDS REQUIRED: Construction Fees: Construction (Max Underground Construction) THIS ITEM $ 308,721 Streets 141,802 Utilities 166,919 Water 83,784 Storm Water 79,525 Gas 3,610 Contingency (10%) 30,872 Construction Inspection and Testing Fees' 24,526 Construction Inspection (estimate) 10,000 Construction Phase - Materials Testing Services 14,526 Design, Geotechnical and Land Acquisition Fees. 158,396 Engineering Design (Maverick Engineering) Original and Amendment No. 1 49,411 Geo Technical Testing 10,035 Land Appraisal 1,950 Land Acq Contract (William E. McKinzie, Jr. Ltd Partnership) (THIS ITEM)94,000 Land Acq Contract Closing Costs (THIS ITEM) 3,000 Reimbursement Fees and Miscellaneous' 30,052 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 11,621 Engineering Services (Project Mgt/Constr Mgt) 17,431 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 552,567 ESTIMATED PROJECT BUDGET BALANCE 28,483 eopara St /A.48? U PROJECT LOCATION ierra Grande LOCATION MAP NOT TO SCALE Corpus Christi Project Number: E15122 Creek View Drive Extension Bond 2014 Prop 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Creek View Drive Extension BOND 2014, Proposition 2 OICorpusti Engineering Council Presentation June 13, 2017 Project Location /6(3? CREEK VIEW DRIVE EXTENSION Corpus Christi co ,moo co -70 Corpus Chr sti Engineering Project Vicinity Corpus Chr ski Engineering Project Scope Col pas t'hr SFi Engineering • 400 LF HMAC extension of Creek View Drive to McKinzie Road • New curb & gutter and ADA sidewalks • Utility improvements include Water, Storm Water and Gas (by City Crews) Creek View Cross Sections Corpus Chr ski Engineering BUFFER ADA SIDEWALK TRAVEL LANES BUFFER ADA SIDEWALK Creek View Cross Sections Corpus Chr ski Engineering HOT MIX ASPHALT CONCRETE (HMAC) 2.5" HMAC 8" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT "-GEOGRID Project Schedule Corp is Chr sti Engineering 2017 Feb Mar Apr May Jun Jul Aug Bid/Award Construction Construction Estimate: 60 days DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CreekView Drive Extension, Bond 2014 Project # E15122, Parcels 1 & 2, Wm. McKinzie Jr., F.L.P. Real Estate Sales Contract THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES This Contract is entered into by William E. McKinzie, Jr. Family Limited Partnership, herein called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 herein called `Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges, and appurtenances pertaining to the property situated in Nueces County, Texas: PARCEL 1: A parcel of land containing 11,115.6 square feet (0.25 acres) as described by metes and bounds in the attached "Exhibit A (1 of 2)" and as shown on the map attached as "Exhibit A (2 of 2)", said parcel of land is described as being out of a 7.334 acre tract (5.788 acres remaining) described as Parcel 4 in Special Warranty Deed recorded as Document No. 2015012107, Official Records of Nueces County, Texas; said 7.334 acre tract being out the McKinzie 124.12 acre tract lying south of Up River Road and east of McKinzie Road and also being a portion of the McKinzie 388.26 acre tract of Survey 417, Patented to F.W. Schaeffer, Abstract 571, Survey 419, Patented to F.W. Schaeffer, Abstract 570, Survey 422, Patented to A.E. Spohn, Abstract 850, Nueces County, Texas. PARCEL 2: A parcel of land containing 11,115.6 square feet (0.25 acres) as described by metes and bounds in the attached "Exhibit B (1 of 2)" and as shown on the map attached as "Exhibit B (2 of 2)", said parcel of land is described as being out of a 7.334 acre tract (5.788 acres remaining) described as Parcel 4 in Special Warranty Deed recorded as Document No. 2015012107, Official Records of Nueces County, Texas; said 7.334 acre tract being out the McKinzie 124.12 acre tract lying south of Up River Road and east of McKinzie Road and also being a portion of the McKinzie 388.26 acre tract of Survey 417, Patented to F.W. Schaeffer, Abstract 571, Survey 419, Patented to F.W. Schaeffer, Abstract 570, Survey 422, Patented to A.E. Spohn, Abstract 850, Nueces County, Texas. 2. Purchase Price. $61.132.77 $32,867.23 $94,000.00 Property Value Damages to Remainder Cash to Seller at Closing Special Provisions. In addition to the consideration, the City will provide access to the southern tract by constructing one (1) sixteen (16) ft. driveway on Creek View Drive and one (1) sixteen (16) ft. driveway on McKinzie Road as shown on Exhibit A (2 of 2) and Exhibit B (2 of 2). The driveway on McKinzie Road shall be constructed only after the granting of a Texas Department of Transportation (TXDOT) Permit to Construct Access Driveway Facilities on Highway Right of Way (Form 1058) made by William E. McKinzie, Jr. The City will also construct two (2) drainage inlets as shown on the Sheet No. 17 of the constructions plans attached as Exhibit C. Existing fill dirt on the property removed for construction of the road and drainage improvements shall be relocated in the areas ofthe remainder directed by the Seller in coordination with City engineers and the Contractor. The seller will provide a temporary construction easement to allow the performance of this special provision in the attached Exhibit D (1 of 2) and as shown on the map attached as Exhibit D (2 of 2). In relocating the existing fill dirt and in grading along the east boundary line of the tract, the parties will use best efforts to provide grading that will permit drainage from both the north and south ends of the east boundary line toward the center of the east boundary line to attempt to eliminate flooding and provide drainage to the City's water drainage system installed on either side of its new road. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a Special Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 2 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2016. All property taxes for the year 2017, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2017 to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits One Thousand Dollars and no cents ($1,000.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Except for a restriction on title that would prohibit the use of the Property as a public road, Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed and completed through the Title Company on or before 120 days from the effective date this Contract is approved by City Council and executed by the City Manager or his designee. Seller gives Buyer possession of the Property by executing the Special Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, Texas, or designee. Buyer must execute this Contract within 90 days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the Special Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the effective date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in 3 The event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. 4 Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all Broker's fees and commissions incurred in connection with the sale of this property. Buyer has not incurred any Broker fees. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority,; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). 5 Title to Property. Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. Seller may neither construct nor operate, nor allow for others to construct or operate, a well or other drilling or extraction device on the Property. Seller shall execute a no -drilling agreement, prepared by Buyer, to ensure that Seller will neither construct or operate, nor allow for the construction or operation of, a well or other drilling or extraction device on the Property while exercising Seller's or any other individual or corporate person's right to recover any subsurface oil, gas, or other minerals. Seller agrees that any exercise of any right to recover any subsurface oil, gas, or other minerals may not interfere with the rights of the public for use of the Property as a roadway. Seller acknowledges that compliance with this paragraph may require of Seller or any other party to exercise a right to recover subsurface oil, gas or other minerals by use of directional drilling or other methods. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Each person signing this contract represents and warrants that they have authority to execute this contract on behalf of their governing bodies and legally bind the parties. 6 Executed in triplicate, any of which constitutes an original. SELLER The William E. McKinzie, Jr. Family Limited Partnership By: hX cl.,r f lc C UI William E. McKinzie, General P ner of The William E. McKinzie, Jr. Family Limited Partnership as amended THE STATE OF TEXAS § COUNTY OF tt ec e This instrument was acknowledged before me on `79--)f� / 1 , 2017 by William E. McKinzie, Jr., General Partner, for the William E. McKinzie, Jr., Family Limited Partnership. [Seal] Notary 7ublic in and for the State of Texas CYNTHIA DE LEON My Commission Expires August 4, 2018 NOTARY ID# 675547-9 7 1403) 3(1 A11-1TVY3 29'ti4x3 fOt2a iff tit7G.`0 M` `` OR ct. fells. 1; 0-MirceYHAT0ir! BUYER CITY OF CORPUS CHRISTI, TEXAS By: Valerie H. Gray, P. E. Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017 by Valerie H. Gray, P. E., as Executive Director of Public Works for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS Z Y� DAY OF " "`"'l . 2017, FOR THE CITY ATTORNEY 104.d Aimee Alcorn -Reed Assistant City Attorney J:1GEN1CreekView Drive Extension — E15122 — RESC_McKinzie.Parcel 1.doc 8 Parcel I El 5122 — Creek View Drive Extension 30' Wide Right -Of -Way STATE OF TEXAS COUNTY OF NUECES BEUNU the North one -Mica's 60.0 foot wide tract of land, containing 11,115.6 square feet (11.25 acres) (Aland out of a 7.334 acre tract (5.788 acres remaining) described as Parcel 4 in Special Warranty Deed recorded as Document no. 2015012107, Official Records of Nueces County, Texas; said 7.334 acre tract being out of the McKinzie 124.12 acre tract lying south of Up River Road and east of McKinzie road and also being a portion of the McKinzie 388.26 acre tract of Survey 417, Patented to F.W. Schaeffer, Abstract 571, Survey 419, Patented to F.W. Schaeffer, Abstract 570, Survey 422, Patented to A.E. Spohn, Abstract 850, Nueces County, Texas. This 11,115.6 square foot tract being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found on the east boundary of McKinzie Road for the northwest corner of Lot 3, Block 7, Highway Village Section 1 Annex, a map of which is recorded in Volume 65, Page 193, Map Records of Nueces County, Texas; Thence, with the easterly extension of the north boundary ofsaidLot 3, Block 7, Highway Village Section 1 Annex, North 8I00418" West 10.00 feet; Thence, with the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08°53'55" East, a distance of 313.10 feet to the intersection of said east boundary of McKinzie Road with the westerly projection of the centerline of existing Creek View Drive, a 60 foot wide public roadway, for the Point of Beginning of this description and for the southwest corner (no monumentation found or set) of this tract; Thence, with west boundary of this tract, same being the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08°53'55" East, a distance of 55.00 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the northwest corner of this tract; Thence, with the north boundary of this tract, South 36°05'49" East, a distance 0135.36 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for a corner of this tract; Thence, continuing with the north boundary of this tract, South 81°05'49" East, a distance of 335.11 feet to a 5/8" iron rod found for the northwest corner of existing Creek View Drive, for the southwest comer of Lot 1, Block 1, Maple Hills Subdivision Unit 5, a map of which is recorded in Volume 67, Page 160, Map Records of Nueces County, Texas and for the northeast corner of this tract; Thence, with the west boundary of said existing Creek View Drive, same being the east boundary of this tract, South 08°56'10" West, a distance of 30.00 feet for southeast corner (no monumentation Lound or set) of this tract; Thence, with the south boundary of this tract, same being the westerly projection of the centerline of said Creek View Drive, North 81°05'49" West, a distance of 360.09 feet the east boundary of said McKinzie Road to the Point of Beginning and containing 11,115.6 square feet (0.25 acres) of land. Bearings based on GPS bearings, Texas State Plane Coordinate System, NAD 83 (2011), South Zone. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. 'This the 20th day of April, 2017 atovevet J), 1. Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 lFygin g\S, i PROIECISUN•Es5I -CREEK VIEW oa EXTE 7Stott.m15Wind boam+mu IN.EIS Exhibit A 1of2 S 8113'!9'E ear 35 60.00' 4a • FD, 5/8• IR. X000 mactlee rA_ocAc Or VA- 59, Pe ts0146T 7 fo-04 50.00' 1 --zv_ ETTYSSUR STREET F. o Oj V r� ,!1 12 La 0 Zz 4.17z)z F0. 5/8' LEL 11 6 "POINT OF BEGINNING" FOR PARCEL 1 RIGHT-OF-WAY LOT 'IA APPROXIMATE DRIVEWAY LOCATION AS PER MDT PERMIT APPLICATION DATED MARCH 16. 2017 N erve•rr w 10.00• "POINT OF COMMENCEMENT 40. 10' MADE SOUTHWESTERN BELL EASEMENT DOC. NO. 894182. OPRNCT FUTURE RMGHr-OF-WAY S 3605'49" E 35.36' SEs s/r LR. MIH 'CITY OF CORPUS a16511- CAP 5 81'05'49" 11,115.6 S.F. (0.25 ACRES) E 335.11 ' PROPOSED F0. 5/r LIT. 5 4 3 _t 1 1 PARCEL 1 �1.( NO Mo1a01ENTA11ON N 81.7bz5 . 1 (FOUND ce s 500' 11 11 11 X11 PROPOSED DRIVEWAY 11 W 360.09' PROPOSED DRIVEWAY SET s/e' tA. MRH 'CITY OF CORPUS affair CAP YaET S 5354'1 1 " W Fii DeeP �� 50.00' IiISHWAY VL ASE SEG. I ( FD. s/0.' R R FLOCK 1, LO V 3 VOL 65, P6-0193' MRN61- 100 MAP TO ACCOMPANY FLELDNOTES FOR TOR NORM OP A 50.00 FOOT .,DR TRACTW LAIW. CONMEING 11.116.6 mum Zig! (0.28 ACM) O? LLQ 00T 6? A 7.894 MS 26&C1' (6.788 ACRES 11222111152) MORD= A8 PAiIRIII. 4 IN SPECIAL WARRANTY DM MORD= A8 D0cO1m71T No. 2816618107. OFFICIAL REDIOM 0? NM= comm. 7XLXIA$ BUD 7.864 AI$i TRACT IMO 00T D? T R IMMO 18412 Aft lR4t.'Z LYB(O 800ffi OP OP MR ROAD AHD 248! 0? NAM= ROAD AHD ALSO MEG A FORME 0? THE ITalMOSEC 288.25 AM sue! op awn 417. PAITINTED TO P.T. 8c!!Al?Y28. A$8!$AC! 571. SORVST 419. PM= 1"0 P.V. 8126W, ABSTRACT 679. BOItvST 428 AND MEMO TO A.R. MBA MISTRALT 850. 8UECiB CREEK SIDE DRIVE I $ CREEK VIEW c) DRIVE 4 FD. LR. BEARINGS SHOWN ARE BASED ON GPS T S STATE PLANE COORDWATE SYSIEK TEXAS ZONE 200 300 17 � a aestron Remand proposed 17 Reamed TCE & added proposed ddveeaya & Wets 18 Added Eemp rory mns*UCElon easement 15 Chanced comes for fbv a! Ireeraa'fbe CITY of CORPUS CHRISM, TEXAS' Capital Programs Survey Division 361-826-3551 Data: 2/17/2017 Damn By; AS Cached By: R1.011 ! SH iT 1 of 1 Project E75122 -CREEK VIEW DR. EVE:BON It1 a vlstiwAPR1 ATC1s1•pr-E15122-CREEK IiEw DEE EXTENSION -201A .R7-E151Z2-CREDI VIEW DR 0006101-201.I,aty Exhibit A 2 of 2 Parcel 2 E15122 - Creek View Drive Extension 30' Wide Right -Of -Way STATE OF TEXAS COUNTY OF NUECES BEING the South one-half of a 60.0 foot wide tract of land, containing 11,114.9 square feet (0.25 acres) of land out of a 7.334 acre tract (5.788 acres remaining) described as Parcel 4 in Special Warranty Deed recorded as Document no. 2015012107, Official Records of Nueces County, Texas; said 7.334 acre tract being out of the McKinzie 124.12 acre tract lying south of Up River Road and east of McKinzie road and also being a portion of the McKinzie 388.26 acre tract of Survey 417, Patented to F.W. Schaeffer, Abstract 571, Survey 419, Patented to F.W. Schaefer, Abstract 570, Survey 422, Patented to A.E. Spohn, Abstract 2150, Nueces County, Texas. l his 11,114.9 square foot tract being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found on the east boundary of McKinzie Road for the northwest corner of Lot 3, Block 7, Highway Village Section 1 Annex, a map of which is recorded in Volume 65, Page 193, Map Records of Nueces County, Texas; Thence, with the easterly extension ot the north boundary of said Lot 3, Block 7, Highway Village Section 1 Annex, North 81'114't8" West 10.00 feet; Thence, with the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08.53'55" East, a distance of 258.11 feet to a 518 inch iron rod with City of Corpus Christi cap set for the Point of Beginning of this description and for the southwest corner of this tract; Thence, with west boundary of this tract, same being the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08`'53'55" East, a distance of 55.00 feet for the northwest corner (no monumentation found or set) of this tract; thence, with the north boundary ot this tract, same being the westerly projection of the centerline of existing Creek View Drive, a 60 foot wide public roadway, South 81°05'49" East, a distance of360.09 feet to the west boundary of said Creek View Drive, for the northeast corner (no monumentation found or set) of this tract; Thence, with the west boundary of said existing Creek View Drive, same being the east boundary of this tract, South 08°56' 10" West, a distance of 30.00 feet to a 5/8 inch iron rod found for the southwest corner of said Creek View Drive and for the southeast corner of this tract; Thence, with the south boundary of this tract, North 81°05'49" West, a distance of 335.07 feet to a 5/8 inch iron rod with City of Corpus Christi cap set fora corner of this tract; "Thence, continuing with the south boundary of this tract, South 53°54' t In West, a distance o13536 feet to the Point of Beginning and containing 11,114.9 square feet (0.25 acres) of land. Bearings based on GPS bearings, Texas State Plane Coordinate System, NAD 83 (2011), South Zone. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. This the 20th day of April, 2017 uesev I. 01, Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 K: tEnairsaringtSurveyWROIECrSUN•E15I22•cREEK VIEW Dft EX NSION-zal Wual D000centskIN•EIs172 - .:a � DN l -parcel 2+20-2017.d°oc Page I o1 1 RUSSELL D. OCHS Exhibit B 1 of 2 KREngOteeNE915urvvy1PROlECTSUN•E15122•CREEK VIEW DR EXTENSKIN•2015ON•E15122•CREEK VIEW DR EXTENSION•2015.dwg. M&5 EXHIBIT -PARCEL 2 -SCALE 104 5/16/201711]652 AM. HP0100 017500 E914 U !PAO 14!INt§. 1109 0 n TJ p 2 Fo rn rn rn x S. ser 5/5' LR. 107H 'an OP CORPUS war coo H 053535' E 455.11' JAGCS I WOODS r(W IVI5IDN UNIT I VOL. . 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V.1: fil IP 1-1.4141 lif Eig .. ifil 0 • .IPP . .• i .1 • 11313300 XI 1.39 11 :-........: V, 4, C..‘ • . ".., . 3.13/13.403 MIMI OA 000332.0.03 1119 10010311 a/WM 1.-_-: Wig§ 0N '„-• _ :" IMIIM0.011 lirr. 40111 I 7'. '1 .."1" .. Wrenn 0191990 N.3301 .93091305 3134351033 0S0,10.90 .3 Z 141 St13,110 J.0) imn SYS .3 .000 m 143.4.3343,3110.3213,43.11,10. „ --- -- - --.--- -----.------ - - - - , . - -1 09•3 musg ci) ,.....„. --:- 311,0 3S3 F7S1 • 0 . (.0101±10)050..e, ir93t..9199- .,-03.1,. •.. . r , 1.g , , ... - ...,t . .-9-4 ;s-1,.. 011 8 1 , . r7rtcu00:0.s4s131,1f3,0P,4,r, , pi. -77,.. 43 1/43,93313 03193M11000I0M00 (-=I . ' ,9‘,. .i..,.n. ognaoa1121 , NM& . • ,- c;-Z 1 1313310 I1rI1 ..-T .... ' ,i 1 .., • , f, 1 ' I ' -' • . i 1 I • , i• ; 1 003-1221 TN 13001 IDS fATIIIWKO 1 avail emu* L i 1 1 sloth :alraen March 28, 2017 MAVERICK ENGINEERING, INC. Mr. Jeff Edmonds, P.E. Director of Engineering City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Subject: Creek View Drive Extension City Project E15122 Dear Mr. Edmonds: On March 22, 2017, bids were received and opened on the subject project. There were six (6) bidders as follows: Max Underground Construction LLC Mako Contracting Ram-Bro Contracting, Inc. JHBORES Construction Company, Inc. A. Ortiz Construction and Paving, Inc. J. Carroll Weaver Engineer's Opinion of Cost $308,720.50 $359,418.00 $400,605.50 $448,223.10 $472,157.51 $547,878.84 $314,000.00 The six proposals from the bidders were checked for mathematical errors and none were found. Max Underground Construction LLC was the lowest bidder. The bid tab and submitted experience are attached for your review. The statement of experience supplied by the low bidder appeared to be complete and in order. Based upon all of the above, it is my recommendation that Max Underground Construction LLC be awarded the contract on the subject project. If you have any questions regarding this request, please contact me at (361) 696-3512. Respectfully, Maverick Engineering, Inc. -tngtele_ Michelle Patton, P.E. Infrastructure Group Manager 400 Mann St., Suite 200 Corpus Christi, Texas 78401 361-696-3500 • Fax 361-696-3599 • www.maveng.com CERTIFICATE OF INTERESTED PARTIES FORM 1295 .I Complete Nos. 1 - 4 and 6 If there are interested parties. Complete Nos. 1. 2. 3, 5, and 6 rf there are no interested parties OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-186208 gate Filed: 0.:V31+"201 J Date Acknowledged; 1 Name of business entity filing form, and the city, state and country of the business entity's place of business, MAX Underground Construction. LLC Corpus Christ, 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. E15122 Creek View Driver Extension consists of construction of approx 370 LF, 2 lane asphalt urban roadway with curb & gutter, ADA, draite, and water improvements - - 4 Name of Interested Party City, State, Country (place of business). Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only d there is NO Interested Party. h❑' 6 AFFIDAVIT I swear, or affirm, under penalty of perjury. that the above disclosure is true and correct ..ii.e7.:.":,------- Signature of authorized agent of contracting AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said e 3t __ _. ~ f MARGAREt Not Nolar business enaty - r a of 20 j 1 , to certify which, witness my hand and seat of e- ' .: „o� ROSE RUSSO Pu4tr9, Stare of Texel ft, 3 1099 WWII er administering oath PO ,. + -me of ofbcer administenng oath Titfe of o -r administering oath Forms provided by Taxac f=rhirs rre nmiccinn - -. - ___ 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: 2017-211660 Date Filed: 05/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Barkhurst & Hinojosa, PC San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. E15122 Real estate sales contract 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary The William E. McKinzie, Jr. Family Limited Partnership Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,,""""",,, PATRICIA M. O°BAYA•TOSCANO F7 /''?!:-0:1 'tom =ti* ?� Notary Public. State Of Texas :. ........ , Comm. Expires 08-23-2017 ,`..fa1�,,i'` Nolory 10 5327103 gin""+'`` �_ AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Signatur r - • •rized agent of contracting business entity /y �j ��,/ ALW b . / � LWf s , this the p r day of 20 / 7 , to certify which, witness my hand and seal of office. / 7 Air—aa 0L �� /yam-/�..1 /} //�} ignature of officer a. nisteriig .ath Printed name of officer administerin oath Title of officer administer if oath Forms Provided by Texas Ethics Commission www Pthirc ctatp tv lig lrarcinn \n in QAC 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 13, 2017 Action Item for the City Council Meeting of June 20, 2017 DATE: May 23, 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 Construction Contract and Testing Contract Carroll Lane from Houston Street to McArdle Road Bond 2014 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $6,192,097.55 for Carroll Lane from Houston Street to McArdle Road for a total Base Bid plus Additive Alternate No. 1 and to execute a construction materials testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $59,515 for Carroll Lane from Houston Street to McArdle Road. (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 Carroll Lane from Houston Street to McArdle Road Street Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Carroll Lane from Houston Street to McArdle Road — This project includes full -depth reconstruction of the existing C-1 collector two-lane roadway which is consistent with the current designation on the Urban Transportation Plan. Project limits exclude the Gollihar and McArdle intersections. Consideration is being given to eliminate the current on -street parking and add bike lanes, which is consistent with the guidelines of the Mobility CC Plan. Other improvements include curb and gutter, sidewalks; Americans with Disabilities Act (ADA) curb ramps, pavement markings." Project Scope: Provides full depth reconstruction of the existing roadway that includes 2 -lanes with on -street parking. The improvements include new HMAC pavement, new concrete bus pads, curb & gutter, sidewalks, ADA ramps, off-street cycle tracks with utility upgrades for water, storm water, gas (by City crews) and wastewater. The off-street cycle tracks are included consistent with the adopted Bicycle Mobility Plan. With two elementary schools in the project vicinity, off-street cycle tracks were the safest solution for bicycle accommodation. The project reduces the width of the roadway which requires the elimination of some on -street parking. The existing condition allows on -street parking on both sides. The design new allows on -street parking on one side only. The proposed parking lane will alternate from one side to the other in order to balance the between residential parking needs and parking requirements for Hicks Elementary. The project was developed with a Base Bid and one Additive Alternative. The Base Bid included all utility improvements except upgrades to the main wastewater system. Additive Alternative No. 1 provides for those wastewater upgrades. The wastewater upgrades were contemplated as a separate project but will be included in this contract to minimize the disruption and expedite the project. This project will be closely coordinated with the intersecting Gollihar Road Reconstruction project. The item also includes the construction material testing agreement to Tolunay-Wong Engineers, who performed the geotechnical investigation during the design phase. This project bid on May 10, 2017, the City received proposals from five (5) bidders and the bids are as follows: Contractor Base Bid Additive Alternate No. 1 (wastewater) Base Bid Plus Add. Alternate No. 1 Hass -Anderson Construction, Ltd. Corpus Christi, Texas 5,976,737.55 215,360.00 6,192,097.55 SJ Louis Construction of Texas, Ltd. San Antonio, Texas 6,062,770.19 180,844.00 6,243,614.19 Berry Contracting, LP dba Bay LTD. Corpus Christi, Texas 6,132,887.95 202,260.00 6,335,147.95 Jimmy Evans Company Austin, Texas 6,547,736.60 185,160.00 6,732,896.60 CPC Interests, LLC dba Clark Pipeline Services, Corpus Christi, Texas 6,871,807.46 172,855.76 7,044,663.22 Engineer Opinion of Probable Cost: 5,902,170.00 ALTERNATIVES: 1. Authorize execution of a construction contract and a construction materials testing agreement. (Recommended) 2. Do not authorize execution of a construction contract and/or a construction materials testing agreement. (Not Recommended) OTHER CONSIDERATIONS: Martinez, Guy & Maybik, Inc. (MGM) is the design engineer that was selected for this project under RFQ No. 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service 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 $5,500,915.90 2,358,200.00 $7,859,115.90 Encumbered / Expended Amount 644,850.00 644,850.00 This item (Construction) 3,833,897.55 2,358,200.00 6,192,097.55 This item (Testing) 59,515.00 59,515.00 Future Anticipated Expenditures This Project 962,653.35 962,653.35 BALANCE $0.00 $0.00 $0.00 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and MGM recommend award of a construction contract to Haas -Anderson Construction, Ltd. in the amount of $6,192,097.55 for the total Base Bid plus Additive Alternate No. 1 and a construction materials testing agreement to Tolunay-Wong Engineers, Inc. in the amount of $59,515 for Carroll Lane from Houston Street to McArdle Road. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Agreement Form 1295 Letter of Recommendation Informal Staff Report 2-2-17 PROJECT BUDGET ESTIMATE Carroll Lane Houston to McArdle BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 1 $ 3,200,000 Storm Water CIP 2,605,338 Wastewater CIP 845,173 Water CIP 1,166,531 Gas CIP 42,074 TOTAL FUNDS AVAILABLE $ 7,859,116 FUNDS REQUIRED: Construction Fees: Construction (Haas -Anderson) THIS ITEM $ 6,192,098 Streets 2,498,853 Utilities 3,693,244 Storm Water 2,079,681 Water 947,915 Wastewater 629,063 Gas 36,586 Contingency (10%) 619,210 Construction Inspection and Testing Fees' 245,275 Construction Inspection 185,760 Construction Materials Testing (Tolunay-Wong Engineers) THIS ITEM 59,515 Design Fees 584,810 Engineering Design (MGM) Original through Amendment No. 3 584,810 Streets 294,395 Utilities 290,415 Storm Water 151,958 Water 66,460 Wastewater 71,998 Gas - Reimbursement Fees' 217,723 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 92,881 Engineering Services (Project Mgt) 123,842 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 7,859,116 ESTIMATED PROJECT BUDGET BALANCE 0 Up River Rv paia uotlebtAC , IH -37 w Texas State Aquarium Corpus Christi PROJECT LOCATION 6000, LOCATION MAP NOT TO SCALE Project Number: E13097 Carroll Lane Houston St to McArdle Rd Bond 2014 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carroll Lane Houston to McArdle BOND 2014, Proposition 1 Corpus Chr sti Engineering Council Presentation June 13, 2017 Project Location �hrsti Engineering CO co CARROLL LANE Project Vicinity Corpus Chr sti Engineering Carroll Lane Cross Section �hrsti Engineering SIDEWALK SIDEWALK CYCLE TRACK PARKING TRAVEL LANE TRAVEL LANE CYCLE TRACK 410 *Parking Lane will alternate on both sides of the road Carroll Lane Cross Sections 111 �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 5" HMAC 12" LIMESTONE BASE 12" COMPACTED SUBGRADE -PRIME COAT -GEOGRID 5 Project Scope �hrsti Engineering Reconfiguration and reconstruction includes: • HMAC pavement design with concrete bus pads • New off-street cycle tracks that reduces on -street parking to one side only • New Curb & Gutter, sidewalks, ADA ramps, markings and miscellaneous improvements • Utility upgrades for water, wastewater, gas and storm water Project Schedule �hrsti Engineering 2017 2018 Apr I May Jun Bid/ Award Jul I Aug I Sep I Oct I Nov Dec Jan Fe b Mar Apr May I Jun 1' Construction Construction Estimate: 365 days 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 TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don R. Rokohl, P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Carroll Lane from Houston to McArdle BOND 2014 (Proiect No. E130971 ("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 $59,515. 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 TOLUNAY-WONG ENGINEERS, INC. 12— (2-4z-6. 5- 19, A Jeff H. Edmonds, P.E. Date Don R. Rokohl, P. E. Date Director of Engineering Services Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361) 884-5050 Office drokohl@tweinc.com KIENGINEERING DATAEXCHANGE.ANG1EMISTREET1E13097 CARROLL FROM HOUSTON TO MCARDLE BOND ISSUE 20141TCLUNAY WONG515 1215 TESTING AGREEMENT,DOC Rev. 12/15115 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. El 3097 Accounting Unit: 3551-051 Account: 550920 Activity: E13097013551 EXP Account Category: 50920 Fund Name: Street CIP BOND 2014 Encumbrance No. K4ENGINEERING DATAEXCHANGE4ANG1EMISTREETLE13097 CARROLL FROM HOUSTON TO MCARDLE BOND ISSUE 20144TOLUNAY WONG115_1215 TESTING AGREEMENT.DOC Rev. 12/15/15 (50 I'o1unay-Wong Engineers, Inc. April 20, 2017 City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 (Via e -Mail: ChrisH3@cctexas.com) Phone: (361) 826-3527 Attn: Mr. Chris Hale Re: Construction Materials Testing Services For: Carroll Lane Corpus Christi, Texas City of Corpus Christi Project No. E13097 TWE Proposal No. P17-0065 Mr. Hale: 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (381) 884-5050 Tolunay-Wong Engineers (TWE} appreciates the opportunity to submit our proposal to provide construction materials testing and inspection services for the above referenced project. The proposed scope of services was based on the testing schedule provided in the project plans. We understand that upon acceptance of the proposal, the City of Corpus Christi will issue an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services as our authorization for the work. Tolunay-Wong Engineers has established a reputation for excellence in the materials engineering field through a business philosophy based on quality professional services responsive to the needs of our clients. We thank you for the opportunity to serve you with this philosophy and your consideration for this project. Please do not hesitate to contact us, if you have any questions regarding the proposal or if additional information is needed. Respectfully submitted, Tolunay-Wong Engineers, Inc. Luz D. Ramos CMT Project Manager Ira mos{6 tweinc.com �.. re. 1 t Don R. Rokohl, P.E. Branch Manager drokohl@tweinc.com DRR/drr/Idr Geotechnical Engineering *Environmental Field and Consulting Services *Construction Materials Testing •Deep Foundations Testing EXHIBIT "A" Page 1 of 4 ItTolunay-Wong it' Engineers, Inc. INTRODUCTION April 20, 2017 Proposal No. P17-0065 Page 2of4 TWE understands the importance of this project to the City of Corpus Christi and the special needs associated with construction of a project of this type. Of particular importance is for the overall project team to be comprised of experienced professionals working together toward a common objective. This objective is to obtain a quality project, meeting the intent of the project specifications, as well as completion on schedule and within budget. From our Corpus Christi facility located at 826 South Padre Island Drive, we will provide experienced engineering technicians to perform the on-site testing and inspection services. Additionally, we meet the requirements of ASTM E-329 "Standard Practice for Inspection and Testing Agencies for Concrete, Steel and Bituminous Materials Used in Construction" regarding qualifications of the testing laboratory. Additionally, our Corpus Christi laboratory is accredited in construction materials testing by the American Association for Laboratory Accreditation (A2LA). WORK PLAN TWE's approach to providing materials testing services is to assign qualified engineering technicians, directed by Senior Professional Engineers, experienced in their respective disciplines. Our assigned Project Manager will provide communication, service direction, and overall project coordination. It is presumed that the contractor will be encouraged to provide their own formalized quality control program separate and apart from our acceptance inspection/testing program stated herein. We anticipate providing the majority of the required testing services for this particular project on a "part- time" basis. The anticipated services required on this project are as follows: A. In -Place Soil Compaction (nuclear method) B. Cast In -Place Portland Cement Concrete Inspection/Testing C. Hot Mix Asphalt Concrete Inspection/Testing All reports of materials tests and inspection services provided will be issued to appropriate members of the project team. In the event individual reports indicate potential problems or items of non-conformance to the project specifications, you will be contacted as soon as possible. SCOPE OF SERVICES The specific materials monitoring services and laboratory tests anticipated for this project are as follows: A. In -Place Soil Compaction (Nuclear Method) • The technician will obtain samples of soil, borrow material and/or base materials and deliver them to our laboratory facility for testing. Laboratory testing will include Moisture/Density Relationships, Atterberg Limit determinations and sieve analysis. • The technician will perform in-place compaction testing (nuclear method) at the frequency required by the project specifications to determine the moisture content and degree of compaction. Geotechnical Engineering •Environmental Field and Consulting Services *Construction Materials Testing *Deep Foundations Testing EXHIBIT "A" Page 2 of 4 II0 I oIunav-\Yong Engineers, lnc. B. Cast In -Place Portland Cement Concrete Monitoring/Testing April 20, 2017 Proposal No. P17-0065 Page 3 of 4 The technician will sample the concrete in order to perform standard field tests and prepare test cylinders and/or beams in accordance with project specifications. The frequency of sampling will also be as directed by the project specifications. Standard field tests include slump, air content and temperature for normal weight concrete and will also include unit weight on all samples of lightweight concrete. TWE will cure the test specimens and perform compressive strength tests at the age designated by project specifications. The technician will visually estimate the slump of each load of concrete delivered and perform actual slump tests and other standard field tests when test specimens are prepared, or as necessary to evaluate concrete consistency. The on-site technician will monitor the concrete temperature, ambient temperature, mixing time, and placement procedures. The technician will also sample concrete at the frequency specified in the project specifications. The technician will record detailed information regarding the location of the placement, date of the placement, concrete mixture strength requirement and all other pertinent information. C. Hot Mix Asphalt Concrete Inspection/Testing During lay down of hot mix asphalt concrete, the technician will obtain and record temperature of the mixture and obtain samples for laboratory testing. After lay down and compaction, the asphalt will be cored to determine and record in-place thickness, % air voids, and laboratory density. The in-place % air voids and in-place theoretical density will be determined from the asphalt cores in the laboratory. The asphalt samples obtained during lay down will tested in the laboratory for extraction and gradation, laboratory density and stability, and maximum theoretical density (rice method). COST ESTIMATE & GENERAL NOTES In this section of the proposal you will find our cost estimate. Additional services or tests requested and not specifically addressed in this proposal will be invoiced per the standard fees set forth in our 2017 Fee Schedule. Based on the testing schedule provided in the project construction documents (plans) provided to us at this time and the anticipated construction schedule, we have established what we believe is the most realistic cost estimate for this project. Please remember that the units stated are only an estimate. Due to factors beyond our control such as weather, unforeseen conditions, contractor expertise, contractor scheduling, etc., the cost of our services may vary from the estimated amount. We estimate the cost of the construction materials testing for our proposed Scope of Services will be $59,515.00 as detailed in the following section, although all services will be invoiced on a time and materials basis. A minimum 4 -hour labor equivalent charge is applicable for all field testing and inspection services. Overtime rates for field personnel are applicable for all hours worked in excess of 8 hours per day, weekends, and holidays and are assessed at 1.5 times the standard rates. All field hours will be charged portal to portal from our Corpus Christi laboratory. All sample pick-ups will be charged travel time from Geotechnicol Engineering •Environmental Field and Consulting Services •Construction Materials Testing •Deep Foundations Testing EXHIBIT "A" Page 3 of 4 1110 olunay-\Yong Engineers, Inc. April 20, 2017 Proposal No. P17-0065 Page 4af4 portal to portal and will include associated vehicle charges. Administrative costs, Engineering consultation and evaluation in connection with field and laboratory testing services will be charged at a rate of approximately one hour for each 20 hours of field work performed. Our prices include copies of our reports distributed through e-mail in accordance with your instructions. Additional copies mailed at $0.50 per page. Direct expenses incurred in connection with the project will be invoiced at cost plus 15% for handling. Travel and lodging expenses for out of town assignments will be invoiced at cost plus 15% or 5125.00 per day, whichever is greater. Our terms are net 30 days upon receipt of invoice. Invoices will be submitted on a monthly basis. COST ESTIMATE SUMMARY Description I Unit I Quantity Rate I Extension Construction Materials Testing - Soils 1 Standard Compaction Effort - ASTM D 698 - Trench Backfill ea. 1 $160.00 5160.00 2 Standard Compaction Effort - ASTM D 698 - Subgrade ea. 2 $160.00 $320.00 3 Nuclear Density Gauge, Day ea. 50 $50.00 52,500.00 4 Soil Sample Pick-up ea. 2 5175.00 5350.00 5 Construction Materials Technician, HR. ea. 300 550.00 515,000.00 6 Vehicle Charge ea. 50 $75.00 $3,750.00 Construction Materials Testing - Flexible Base 7 Modified Compaction Effort - ASTM 0 1557 (Proctor) ea. 4 $180.00 5720.00 8 Sieve Analysis, Through No. 200 Sieve (ASTM D 422) ea. 4 560.00 5240.00 9 Atterberg Limits - ASTM D 4318 ea. 4 $65.00 $260.00 10 LA Abrasion Loss of Limestone Base ea. 4 5550.00 52,200.00 11 California Bearing Ratio - Single Point (ASTM 0 1883) ea. 1 5350.00 $350.00 12 Wet Ball Mill Test ea. 1 $200.00 $200.00 13 TxDOT Triaxial Series per specimen (Tex -117E) ea. 1 $220.00 5220.00 14 Soil Sample Pick-up ea. 2 5175.00 5350.00 15 Construction Materials Technician, HR. ea. 150 550.00 $7,500.00 16 Vehicle Charge ea. 25 $75,00 51,875.00 Construction Materials Testing - Hot Mix Asphalt 17 Extraction/Gradation -Ignition Method (Tex -236F) ea. 16 5250.00 54,000.00 18 Hveem Stability {three specimens/set} (Tex -208F) ea. 16 $85.00 $1,360.00 19 Maximum Theoretical Specific Gravity (Tex -227F) ea. 16 585.00 $1,360.00 20 Asphalt Coring ea. 5 5125.00 5625.00 21 Core Length ea. 5 $20.00 $100.00 22 Core Bulk Density (ASTM D 2726) ea. 5 $55.00 5275.00 23 Construction Materials Technician, HR. ea. 80 550.00 $4,000.00 24 Vehicle Charge ea. 10 575.00 5750.00 Construction Materials Testing - Concrete 25 Comp. Strength of Concrete Test Cylinders (7, 28 & Hold) ea. 70 520.00 $1,400.00 26 Concrete Sample Pick Up, Per Trip ea. 5 5175.00 5875.00 27 Construction Materials Technician, HR. ea. 60 $50.00 $3,000.00 28 Vehicle Charge ea. 15 $75.00 $1,125.00 Project Management 29 Project Manager, Hr. ea. 30 $105,00 $3,150.00 30 Administrative Support, Hr, ea. 30 $50.00 $1,500.00 Total Cost Estimate $59,515.00 ASSUMPTIONS: The cost estimate is based on the following assumptions and our experience on similar projects: 1. The testing schedule provided in project construction documents. Geotechnical Engineering *Environmental Field and Consulting Services *Construction Materials Testing *Deep Foundations Testing EXHIBIT "A" Page 4 of 4 EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "B" Page 1 of 6 EXHIBIT B 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (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 EXHIBIT "B" Page 2 of 6 EXHIBIT B exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or 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 Ail 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 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. 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. EXHIBIT "B" Page 3 of 6 EXHIBIT B TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury -Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim 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, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Consultant is required to provide City with renewal Certificates. 8.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: EXHIBIT "8" Page 4 of 6 EXHIBIT B 8.6.1 List the City and its officers, officials, employees 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; 8.6.2 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; 8.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 8.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 8.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.11 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. EXHIBIT "B" Page 5 of 6 EXHIBIT B 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://m/w.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIO 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 CIO, please review the information on the City Secretary's website at http:Ifwww.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default, 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractors safety measures in, on or near the Project site. EXHIBIT "B" 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 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/0112017 Sample form for: Payment Request AE Contract Revised 02101/17 Total Current Previous Total Remaining Percent Contract Amd No. 1 Amd No. 2 Contract 51,000.00 50.00 50.00 $1,000.00 52,000.00 51,000.00 50.00 $3,000.00 5500.00 $0.00 $250.00 5750.00 52,500.00 50.00 $1,000.00 53,500.00 $6,000.00 51,000.00 $1,250.00 58,250.00 50.00 52,000.00 50.00 $0.00 $2,000.00 50.00 51,120.00 50.00 $1,120.00 50.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 52,000.00 $1,120.00 51,627.00 $4,747.00 56,000.00 $1,000.00 51,250.00 58,250.00 $2,000.00 51,120.00 51,627.00 $4,747.00 $8,000.00 $2,120.00 52,877.00 512,997.00 Invoice Invoice Invoice 50.00 51,000.00 51,000.00 51,000.00 5500.00 $1,500.00 50.00 50.00 $0.00 50.00 $0.00 $0.00 51,000.00 51,500.00 $2,500.00 0.0% 5500.00 50.00 5500.00 $0.00 50.00 $0.00 50.00 50.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD 5500.00 50.00 $500.00 51,000.00 $1,500.00 $2,500.00 $500.00 50.00 5500.00 51,500.00 $1,500.00 53,000.00 Balance Complete 50.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500,00 0.0% 55,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% 51,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% 54,247.00 10.5% 59,997.00 23.1% 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&MJ. City of Chris Corps City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST COMPANY NAME: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other e 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm?' Name Department (if known) Job Title and City 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 tig 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 i l Committee Board, Commission or 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 i /A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Don R. Rokohl, P.E. Title: (Type or Print) Signature of Certifying D. 12- fz ut- Person: Branch Manager DEFINITIONS Date: j y e 1 7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: 2017-210552 Date Filed: 05/19/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Haas-Anderson Construction, 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 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. Project # E13097 Carroll Lane from McArdle to Houston (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Haas, Darryl Corpus Christi, TX United States X Anderson, Jim Corpus Christi, TX United States X Lamon, Tim Corpus Christi, TX United States X Parish, Jim Corpus Christi, TX United States X Cullen, Drew Corpus Christi, TX United States X Moore, Randall Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ak"" /�9 d� �� ,. i401/114/ p \ LEE ANN CAVETT SMITH NOTARY PUBLIC corrnsao-201 ' 12-18-2017' Signature of authorized agent of contracting business entity Q In /v said ire. t L t., I Q A this the ( day of j - /fie L\ , AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the 20 7 , to certify which, witness my hand and seal of office. 2--ee n n -- t i"h ai-Pr- - (\"." -.SPS Signature of officer administering oath Printed name of officer administering oath Title of officer administeru oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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: 2017-203347 Date Filed: 05/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tolunay-Wong Engineers 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 Chrisi 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. E13097 C Orel I Levile Construction materials testing. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Tolunay-Wong Engineers, Inc. Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT /j 1111111U11i1N1Jr�ii ,,,OyS.OEAR o •y e��`�„4 C/(;'' `�.•• _ (v S. f J y e `' • AFFIX NOTASZ`AAGJ,�P}VE 40, l 11 1111e1�m�` subscribe Sworn to and subscribe before me, by the said 20 1- , to certify which, witness my hand swear, or affirm, under that the above disclosure is true and correct. Penal tY of perjury, I) if J �I 4-g Signature of authorized agent of contracting business entity /M 12 • f2O , this the day of U 1 L `J , and seal of office. 0-17 ACl (AN' Y y1 w10 �'Y iff L/bill iature 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 V1,0.883 May 17, 2017 Ricardo Martinez, P.E. Project Manager- MGM, Inc. 6000 South Staples St, Suite 207 Corpus Christi, Texas 78413 Chris Hale, P.E. City of Corpus Christi- Project Manager 1201 Leopard Street Corpus Christi, Texas 78469 MARTINEZ, GUY & MAYBIK, INC. FNGINFFfZS x- SIIRVFYQRS 6000 S, staples suite 207 Corpus Christi, Texas 78413 361-814 -3070 Fax 1-888653-5510 Cos Christi • Hous( -n Eagfo Pos Pc1 Pic A,oa RE: Carroll Lane From McArdle to Houston (Bond 2014), Project No. E13097 Letter of Recommendation of Award of Contract Dear Mr. Hale, Bids for the subject project were publicly opened on May 10, 2017. A total of five (5) bids were received for the project. The apparent low bidder on the project is Haas -Anderson Construction, Ltd. with a total base bid of $5,976,737.55. One Additive/Alternate was included in the bid, and Haas -Anderson remains the low bidder with a total project bid (base bid plus the additive/alternate of $215,360.00) of $6,192,097.55. Our office has reviewed Haas -Anderson's Statement of Experience (SOE) submitted subsequent to the bid date (see attachment). Haas -Anderson has key personnel listed for the project (Project Manager, Superintendents, etc.) that appear to satisfy all the minimum experience requirements listed in the contract documents. Based on interviews from the references, Haas -Anderson received satisfactory reviews from its performance on similarly sized projects. Therefore, MGM recommends award of this project to Haas -Anderson in the amounts bid for the Base Bid total of $5,976,737.55 in combination with the Additive/Alternative ($215,360.00), based on available funding. cerely, (_,S4-1 Iti Ricardo Martjnez, P.E. RM/VM INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Mark Van Vleck, P.E., Assistant City ManagerOa Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services Date: February 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — January 31, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the January 31, 2017 City Council meeting, Mayor Pro Tempore Vaughn requested Staff to provide an informal report explaining past council directives relative to the selection of PCC or HMAC for street reconstruction projects. BACKGROUND & FINDINGS: BOND 2012 PROJECTS: In late 2014, there was recognition that the majority of the Bond 2012 projects were under budgeted. Various strategies were considered to address the funding shortfall. A council resolution (see ATTACHMENT 1) was approved on February 17, 2015 that provided specific guidance on project deferrals, bicycle accommodation and pavement design. The pavement design guidance indicated that certain Bond 2012 projects were to be bid HMAC, others PCC and most were to be bid both HMAC and PCC. BOND 2014 PROJECTS: In April 2013 Council approved a Bond 2014 Execution Strategy that involved funding and initiating the project design efforts in advance of the Bond referendum. In July 2013, Council approved a Reimbursement Resolution to fund design efforts and directed staff to begin procuring design services for the streets listed on Proposition One of the Council -approved project list. Those design contracts were approved by City Council in early 2014. Consultants were directed to take the design effort to an Engineering Letter Report (ELR) level (see ATTACHMENT 2) in order to provide a better budget basis for the Bond referendum. Included in the scope of work for the Bond 2014 ELR's was a pavement lifecycle cost analysis and recommendation. Determining the required pavement section is primarily based the Association of State Highway Transportation ©fcials (AASHTO) Guide for Design of Pavement Structures. The inputs include anticipated vehicle loads, the structural properties of the subbase soil, the desired reliability level and the desired service life. For the lifecycle cost analysis, equivalent pavement sections are developed for both HMAC and PCC using a 30 -year service life. The lifecycle analysis is conducted for a minimum of 30 years considering the cost for initial construction, anticpated maintenance and major repairs at the end of the design life. In some cases, there are other factors that may drive a recommendation for HMAC or PCC such as underground utilities, driveway access requirements and compatibility with existing adjacent pavement. After the Bond 2014 referendum passed in November 2014, the design engineers were released to complete the designs for the Proposition One projects. The original guidance in late 2014 was to base the roadway design on the ELR pavement recommendation for each of the projects. That guidance has not been modified. Amendments have been negotiated on many of the Bond 2014 projects. Those amemdments; however, only addressed the Bicycle Mobility Plan recommendations and Value Engineering on drainage systems. Staff is unaware of any formal council direction to negotiate contract amendments to redesign Bond 2014 projects for both PCC and HMAC pavement structures. RESIDENTIAL RECONSTRUCTION: On December 13, 2016 Council passed a Motion of Direction (see ATTACHMENT 3) that the residential reconstruction pilot projects should be designed as both HMAC and PCC pavement structures. That direction was clarified during the December 20, 2016 meeting to indicate that both designs were to be applied for full reconstruction projects and not situations where the existing pavement can be rehabilitated (see ATTACHMENT 4). SEPTEMBER 22, 2015 COUNCIL MEETING: During the January 13th 2017 City Council Retreat, the question was raised about a discussion that took place during the September 22, 2015 City Council meeting. There was a discussion of pavement design during the item awarding the construction contract for the Bond 2012 Proposition 1 Project - Williams Drive Phase 3 (see ATTACHMENT 5). During the discussion, a question was asked whether projects would continue to be bid both ways. There was perhaps a misunderstanding regarding the staff response to this question. Some council members may have considered this as a motion of direction to design all future projects with both HMAC and PCC pavement. The staff response was intended to mean that many of the future projects on both the 2012 and 2014 Bond Programs were being designed to bid both ways. Staff did not consider this discussion as formal direction to pursue design amendments for all Bond 2014 projects that were not scoped at that time to bid with both HMAC and PCC pavement. NEXT STEPS: Staff will continue with the designs of the Bond 2012 projects in accordance with the February 2015 resolution. Additionally, staff has reviewed the Bond 2014 ELR recommendations and determined which projects could be designed with both PCC and HMAC without significantly impacting the schedule. Staff is proposing to include three projects (current ELR's recommended HMAC) that will be re - scoped and designed to include a PCC and HMAC pavement structure. This will involve negotiation of staff -approvable contract amendments. The attached table (see ATTACHMENT 6) shows the currently proposed and recommended pavement structure for the Bond 2014 projects. FEBRUARY 17, 2015 CITY COUNCIL RESOLUTION ATTACHMENT 1 Resolution directing staff to proceed with bidding remaining Bond 2012 Protects; and providing direction on specific projects. WHEREAS, at the regular council meetings of January 27, 2015 and February 17, 2015, staff presented the City Council with information related to the Bond 2012 program; WHEREAS, Council has considered general items applicable to all projects as well as items that apply to individual projects; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. To the extent that the funds authorized under the Bond 2012 Proposition 1 are insufficient to cover total project costs, the City will issue Certificates of Obligation (COs) to provide additional funding. SECTION 2. The following Bond 2012 projects are directly affected by the new Harbor Bridge construction and will be deferred and reassessed at a later date: the Twigg Street Project, from Shoreline Boulevard to Lower Broadway Street; and the Leopard Street Project, from Crosstown Expressway to Palm Drive. SECTION 3. The following streets recommended to be constructed with Hot Mix Asphalt Concrete (HMAC) will be bid for both HMAC and Concrete unless underlying structural conditions warrant otherwise: South Alameda Street, from Ayers Street to Louisiana Avenue; South Staples Street, from Brawner Parkway to Kostoryz Road; Staples Street from 1-37 to Morgan Avenue; Kostoryz Road Project, from Brawner Parkway to Staples Street, and Williams Drive, from South Staples Street to Airline Road. SECTION 4. The following projects are to be designed and constructed without designated bike lanes: Kostoryz Road Project, from Brawner Parkway to Staples Street; Greenwood Drive Project, from Gollihar Road to Home Road, and Tuloso Road Project (wide shoulders only), from 111-37 to Leopard Street. SECTION 5. In connection with the following project, staff will plan a future hike and bike trail project along Airport Ditch through H.P. Garcia Park with access to Greenwood at Home Road and Gollihar Road: the Greenwood Drive Project, from Gollihar Road fa Home Road. SECTION 6. The following project is to be designed and constructed to improve pedestrian/ADA crossings at both Kostoryz Road and Texan Trail to replace the 030482 Page 1 o13 INDEXED existing crosswalk to Ray High School: the South Staples Street Project, from Brawner Parkway to Kostoryz Road. SECTION 7. Exhibit "A" (attached and incorporated herein), describes more fully the design and construction directives for certain projects. SECTION 8. Staff Is directed to proceed with the Bond 2012 Program. ATTEST: P.Ick,ex. Rebecca Huerta City Secretary H C OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 3 EXHIBIT A BOND 2012 Streets: 1 Discussion and Notes: • • Twigg Leopard Remain on Deferral. • Morgan (Staples to Crosstown) • • Include in active project list (additional funding may be required). Continue coordination with Hospital including monthly meetings are held with hospital and development. • • • Alameda Staples (1-37 to Morgan) Williams • Bid with both Concrete and HMAC. • Kostoryz • Bid with both Concrete and HMAC; • No Bike Lane; • Evaluate bicycle connectivity to Del Mar and nearby schools during final design. • Staples (Kostoryz to Brawner Pkwy) • • Bid with both Concrete and HMAC Existing crosswalk to Ray High School removed with improved pedestrian/ADA crossings at both Kostoryz and Texan Trail. This was coordinated with Ray HS, Police, Traffic Engineer, and RTA to improve safety for parents, children and general public. • Tuloso • Constructed as concrete with wide shoulders to accommodate bikes. • Ocean Drive • Constructed as HMAC; HMAC recommended to avoid potential joint failures (separation, raised & depressed panels, cracking, etc.) assodated with poor subgrade materials (dredged fill). • Greenwood • No Bike Lane; plan future project for hike & bike along Airport Ditch through H.P. Garcia Park with access to Greenwood at Horne and Gallihar. • Holly • Proposed median approximately 70% Xeriscape plantings and 30% grass is under review for additional Hardscape, project is a 80/20 shared cost with TxDOT (80%). Page 3 of 3 Corpus Christi, Texas U' of , The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Aky SEPTEMBER 12, 2014 SAMPLE ENGINEERING LETTER REPORT (ELR) EXCERPT ATTACHMENT 2 FINAL ENGINEERING LETTER REPORT GOLLIHAR ROAD IMPROVEMENTS Kostoryz Road to Weber Road (Bond 2014) CITY PROJECT NO(s) E13088 & E13089 SUBMITTED TO: CITY OF CORPUS CHRISTI, TEXAS CAPITAL PROGRAMS Corpus Chr sti Capital Programs SUBMITTED BY: raRVE, Inc. engineering — surveying TBPE Firm Reg. No. F-2037 September 12, 2014 Table of Contents ExecutiveSummary ................... I. Introduction Z 11. Street Improvements ? A. TRAFFIC STUDY & SIGNAL IMPROVEMENTS 3 B. PAVEMENT IMPROVEMENTS 4 C. DRIVEWAYS, SIDEWALKS AND CURB RAMP IMPROVEMENTS 4 D. RTA (BUS) IMPROVEMENTS 5 E. STRIPING AND SIGNAGE IMPROVEMENTS 5 III. Drainage Improvements 5 A. EXISTING CONDITIONS AND PROJECT OBJECTIVES 5 B. STRUCTURAL ANALYSIS OF THE EXISTING BOX CULVERTS 6 C. STORM SEWERIMPROVEMENTS ........................... 7 IV. Water Improvements 9 V. Wastewater Improvements 9 VI. Dry Utility Improvements l0 VII. Traffic Control 1 1 VIII. Opinion of Probable Cost l 2 IX. Summary & Engineer Recommendations 13 APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix 1 Appendix J Appendix K Appendix L Appendix M Appendix N — Existing Conditions Map — Proposed Street & Utility improvements — Private Improvements in Right -of -Way — Traffic Study Merno — Geotechnical Report — 30 -Year Pavement Life Cycle Cost Analysis — Drainage Report & Supplement — Culvert Evaluation Report — Local Area Drainage Map — Ultimate Offsite Drainage Improvements — Existing Storm Trunk Line Profile — Proposed Storm "Trunk Line Profile — Existing 14" HP Gas Line Profile — Opinion of Probable Cost Gollihar Road Improvements — Kostoryz Road to Weber Road Final Engineering Letter Report Executive Summary On March 18, 2014 the City of Corpus Christi City Council executed a contract for engineering services with RVE, Inc. ("RVE") for Gollihar Road Improvements — Kostoryz Road to Weber Road (City Project No(s) E13088 & E13089) — the "Project". On March 20, 2014, RVE received a Notice to Proceed on the Project from the City Engineer. The Project includes the complete reconstruction of Gollihar Road from Kostoryz Road to Weber Road, approximately 5,300 feet in length. The objectives of the Project are to replace the existing deteriorated hot -mix asphalt concrete (1-HMAC) road, sidewalks and curb ramps with new infrastructure, provide bike lanes inside the curbs on both sides of the roadway, increase the capacity of the existing underground storm sewer system and upgrade the existing water and wastewater infrastructure. The Project will he funded by two (2) 2014 Bond Projects: Golliltar Road from Kostoryz Road to Carroll Lane (City Project No. E13089) and Gollihar Road from Carroll Lane to Weber Road (City Project No. E13088). The Project will be bid, however, as one project. Per the City's Urban Transportation Plan, Gollihar Road from Kostoryz Road to Weber Road is classified as an Al Arterial Street, which is to contain five (5) lanes in a 95' right-of- way. The existing road contains five (5) lanes - two (2) travel lanes in each direction and a center. continuous left -turn lane — in an 80' right-of-way. The Project does not include right-of-way acquisition to create a 95' right-of-way. The 5 -lane configuration will be maintained with the Project, however, in order to provide bike lanes within the curb on both sides of the road within the existing 80' right-of-way, the lane widths will be reduced. Two (2) 10.5' wide travel lanes will be provided in both directions with an II" wide continuous left -turn lane down the middle. Two (2) 4' wide bike lanes will be created on both sides of the new road adjacent to the curb. Tied, 5' wide concrete sidewalks will be provided on both sides of the new road. The total width of surface improvements is 75' with minor variances along the Project length, which allows a 2' to 3' separation between the back of proposed sidewalk and the 80' right-of-way. RVE recommends a new pavement section composed of HMAC based upon facts presented in this report. The local underground storm sewer collection system (laterals and curb inlets) will be replaced with new infrastructure with a 25 -year storm capacity. Additional large box culverts will be installed adjacent to the existing storm trunk line (box culverts) beneath Gollihar Road to increase the existing capacity to a 25 -year frequency rain event in accordance with the City's Drainage Criteria Manual. All non -PVC water laterals and all VCP wastewater mains and laterals will be replaced with new infrastructure. All wastewater manholes will be replaced or rehabilitated with fiberglass manholes or liners. The Project will be funded through a combination of street funds (2014 Bond) and C.I.P. utility funds. The City's estimated construction budget is $16.3 million. The preliminary Opinion of Probable Cost of the Project is $13.8 million: $4.3 million for street improvements and $9.5 million for utility improvements. Gollihar Road Improvements -- Kostoryz Road to Weber Road Final Engineering tetter Report Page 1 with the 60% Submittal Package. PAVEMENT IMPROVEMENTS On May 7, 2014, Rock Engineering and Testing, Inc. ("ROCK") prepared a geotechnical report containing information on the existing soils and pavement recommendations. ROCK performed eleven (11) pavement/soil borings in the field. Six (6) of the borings were taken to a depth of 20', and five (5) were taken to a depth of 5'. ROCK's report is attached in Appendix E. RVE: analyzed two (2) 30 -year pavement sections listed below: - Hot -mix, asphalt concrete (HMAC) section: and - Reinforced concrete section. We performed a 30 -year Life Cycle Cost Analysis (LCCA) on the two (2) options to determine the more economical section. Based upon the existing soil conditions on the Project, ROCK recommended the following 30 -year pavement sections: HMAC Pavement 2.0" Type `D' HMAC over 3.0" Type 'B' HMAC over 9" Type 'A', Grade 1 Limestone Base over TX -5 Geogrid (or equal) Reinforced Concrete Pavement 8" Jointed, Reinforced Concrete over 1" Type 'D' HMAC over 6" Type 'A', Grade I Limestone Base Typically, subgrade soils in the Corpus Christi area are found to be highly expansive with a Plasticity Index between 30 and 40. In those soil conditions, RVE recommends lime -stabilization of the subgrade under new pavement. The average Plasticity Index of the subgrade soils encountered on this Project, however, is 20. As such, lime -stabilization of the subgrade is not recommended on the Project. RVE. used the Federal Highway Administration's (FHWA) RealCost V2.5 program to perform a 30 -year LCCA on the two (2) pavement section options -- attached in Appendix F. The results of the analysis indicate that the Reinforced Concrete Pavement section is the more economical section after 30 years when both City Costs and User Costs are considered. The analysis results for each pavement option are listed below. The number in RED represents the lesser cost for each category. Pavement Section I-IMAC Pavement Reinf. Concrete Pavement Initial Construction Cost $2.82 Million $4.00 Million 30 -Yr. Present Value Cost (w/o User Costs) $3.72 Million $4.30 Million 30 -Yr. Present Value Cast (wl User Costs) $5.75 Million $6.00 Million Based upon the cost comparison presented above, RVE recommends that the City use the HMAC pavement option for the new road surface. Gollihar Road Improvements - Kostoryz Road to Weber Road Final Engineering tetter Report Page 4 DECEMBER 13, 2016 CITY COUNCIL MEETING MINUTES ATTACHMENT 3 City Council Meeting Minutes December 13, 2016 Council Member Garza made a motion to approve the ordinance, seconded by Council Member McComb. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Hunter, Council Member Rubio, Council Member Vaughn, Council Member Guajardo, Council Member McComb. Council Member Smith and Mayor McQueen Absent: 1 - Council Member Molina Abstained: 0 Enactment No: 031011 17, Second Reading Ordinance - Appropriating funds and approving Engineering Design Contracts for Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive Ordinance appropriating 52,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of 597,764 for the design of Rogerson Drive. Mayor McQueen referred to item 17. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate $2.5 million from the Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive and to execute two design contracts, one with Urban Engineering for the design of Ralston Avenue from Staples Street to Alameda, and one with Freese and Nichols for the design of Rogerson Drive from McArdle to Sunnybrook. Staff will use these two projects to provide better pricing information and data to further develop the program. Projects are planned to go out for bid in the May/June 2017 timeframe with construction projected for July 2017. Council members spoke regarding the following topics; the use of internal staff or consultants to monitor the program; Ralston Avenue and Rogerson Drive being two good candidates for the program; bidding both asphalt and concrete; what ether cities are doing on residential streets; the reason the engineering fees are different for the two projects; a future discussion of the use of concrete when developing new neighborhoods; the budgeted amount for residential and local streets; the initial intent of staff to design both streets using asphalt; the pothole repairs on both streets; public notification for residents regarding construction on the streets; a lifecycle cost analysis for concrete and asphalt; the current cost for concrete; whether the funding will Include curb and gutter; the cost matrix used to determine the difference In cost between pothole repair and reconstruction; options for cost-plus contracts; the percentage that these test projects are of all residential streets Corpus Christi Page 12 Printed on 12128/2016 City Council Meeting Minutes December 13, 2016 that require repairs; the opportunity to manufacture our own materials; creation of a council committee for residential streets; financing for residential streets; and the test projects providing better pricing information and data. Mayor McQueen called for comments from the public. Abel Alonzo, 1701 Thames, spoke in support of the use of concrete for residential streets. Sir Frederick von USA King VII, 1442 Arlington Drive, spoke in support of the use of asphalt. MOTION OF DIRECTION Council Member Vaughn made a motion directing the City Manager to bid the projects in both concrete and asphalt, seconded by Council Member Guajardo. This Motion of Direction was passed with the following vote: McQueen, Garza, Hunter, Guajardo, McComb, Molina, Rubio, and Vaughn, voting "Aye", Smith voting "No". Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Council Member Garza, Council Member Hunter, Council Member Rubio, Council Member Vaughn, Council Member Guajardo, Council Member McComb, Council Member Smith, Mayor McQueen and Council Member Molina Abstained: 0 Enactment No: 031013 18. Second Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Mayor McQueen referred to Item 18. Interim Director of Human Resources Steven Viera stated that the purpose of this item is to continue the Texas Municipal Retirement System (TMRS) updated service credits for current participants and increases for current and prior annuities. These provisions adhere to the terms of the collective bargaining agreement with the Corpus Christi Police Officers' Association. Mr. Viera explained that unlike most public retirement systems, TMRS is a hybrid design instead of a defined benefit plan based on the percentage of salaries such as the City of Dallas. The TMRS plan is cash balanced in nature, meaning it is based on the contributions made by the employee, the matching amount by the City and interest income credited to the employee's account over the employee's career. Mr. Viera provided Corpus Christi Page 13 Printed on 1 2/2 812 01 6 December 20, 2016 CITY COUNCIL MEETING MINUTES ATTACHMENT 4 City Council Meeting Minutes December 20, 2016 MOTION TO RECONSIDER Council Member McComb made a motion to reconsider the motion of direction for Item No. 17 on the December 13, 2016 agenda, seconded by Council Member Vaughn. This motion to reconsider was passed and approved with the following vote: McQueen, Guajardo, Hunter, McComb, Molina, Smith, Vaughn, and Garza, voting' .Aye"; Rubio voting "No` MOTION OF DIRECTION Council Member McComb made a motion directing the City Manager to bid reconstruction projects in both concrete and asphalt, not repair projects, seconded by Council Member Smith and passed unanimously. J. CONSENT AGENDA: (ITEMS 3 - 26) 3. 4. Approval of the Consent Agenda Mayor McQueen referred to the Consent Agenda. Council members requested that items 8, 12, 13, 15, 16, 17, 18 be pulled for individual consideration. City Manager Rose requested that Item 26 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member Smith, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McQueen, Council Member Garza, Council Member Guajardo, Council Member Hunter. Council Member McComb. Council Member Molina, Council Member Rubio. Council Member Smith and Council Member Vaughn Abstained: 0 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. This Motion was passed on the Consent Agenda. Enactment No: M2016-162 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Coastal Bend Health Facilities Development Corporation and Corpus Christi Page 4 Printed on 1117120}7 SEPTEMBER 22, 2015 CITY COUNCIL MEETING MINUTES ATTACHMENT 5 City Council Meeting Minutes September 22, 2015 18. First Reading Ordinance - Construction Contract and Construction Materials Testing Contract for Williams Drive Phase 3 from Staples Street to Airline Road (Bond 2012) Ordinance appropriating anticipated revenues; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $8,698,783.50 for the Base Bid; and to execute a construction materials testing contract with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $112,135 for Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012). Mayor Pro Tem Vaughn referred to Item 18. Executive Director of Public Works Valerie Cray stated that the purpose of this item is to execute a construction contract with Reytec Construction Resources, Inc. and a construction materials testing contract with Tolunay-Wong Engineers, Inc. for Bond 2012 Street Project, Williams Drive Phase 3 from Staples Street to Airline Road. This project is a joint project with the City of Corpus Christi and the Texas Department of Transportation (TxDOT), which includes: the widening of Williams Drive and the replacement of the existing two-lane asphalt road with a new four -lane concrete road; new 10 -foot wide, combined pedestrian/bicycle paths on both side of the street; the replacement of six RTA pads; and utility improvements. The project is estimated to be completed by February 2017. There were no comments from the public. Council members spoke regarding the following topics: bidding the project with asphalt and concrete (Additive Alternate Nos. 1 and 2); Indication that other projects are being bid with concrete as the lowest bids; and Additive Alternate No. 2 including wastewater lines. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote:. Aye: 6 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 3 - Mayor Martinez, Council Member Riojas and Council Member Rosas Abstained: 0 19. First Reading Ordinance - Appropriating capital proceeds accrued from June 1, 2014 through July 31, 2015 in their respective Capital Improvement Program Funds Ordinance appropriating amounts of (a) $13,184.50; (b) $290,604.57 (c) $484,822.06; (d) $47,395.11; and (e) $192,120.28 into the Airport CIF', Bond Proceed, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront. Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Corpus Christi Pogo 12 Printed on 9/2912015 BOND 2014 CURRENT AND PROPOSED PAVEMENT RECOMMENDATION ATTACHMENT 6 Street Bond Projects - Pavement Recommendations PROJECT NUMBER PROJECT TITLE Bond STATUS Current Design Proposed Design 113099 Waldron Rd (Airdame Dr to Caribbean Or) Bond 2014 Prop 1 Complete HMAC HMAC E13100 Santa Fe 5t (Elizabeth 5t to Hancock 5t) Bond 2014 Prop 1 Complete HMAC HMAC 113095 Southern Minerals Rd (tip River Rd to iH-37) Bond 2014 Prop 1 Construction PCC PCC E13086 Alameda 5t (Kinney 5t to ligan St) Bond 2014 Prop 1 Construction HMAC HMAC E1S111 North Padre Island Beach Access Road 3A Bond 2014 Prop 2 Construction PCC PCC E13088(E13089 Golkhar Rd (Weber Rd. to Carroll In.) Fiord 2014 Prop 1 Council Award HMAC HMAC 5130137 Galli har Rd (South Staples to Weber Rd) Bond 2014 Prop 1 Council Award HMAC HMAC 015109 Ennis loslin Road Extension (Hotly to Williams) Bond 2014 Prop 7 Cnnec1 Award HMAC HMAC 013092 Ayers St (Alameda 5t to Ocean Dr) Bond 2014 Prop 1 Bidding HMAC HMAC E13096 Yorktown Blvd (Everhart Rd to Staples St) Bond 2014 Prop 1 Pending Bid Both Both (13097 Carroll Lane{Houston St to MCArdie Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC €13091 Carona Dr (Flynn Pkwy to Everhart Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC €15122 Creek View Drive Extension Bond 2014 Prop 2 Final HMAC HMAC E15111 North Padre Island Beath Access Road 2 Bond 2014 Prop 2 Pre-FVnal PCC PCC 513099 Old Robstown Rd (Highway 44 to Leopard St) Bond 2014 Prop 1. Pre -Final HMAC HMAC €13093 Yorktown Blvd (Lake Travis to Everhart Rd) Bond 2014 Prop 1 Pre -Final HMAC HMAC 015106 Ayers St- Pedestrian improvements and Turn Lane Bond 2014 Prop 2 75% HMAC HMAC 113094 Staples St (Alameda 5t to Morgan 5t) Bond 2014 Prop 1 60% Both Both (15107 Chaparral Street - Phase 2 (Schatael to Taylor) Bond 2014 Prop 2 30% HMAC Both 115110 Flato Road - Agnes to Bates Bond 2014 Prop 30% HMAC Both E15112 Rodd Field Road Expansion (Saratoga to Yorktown) Bond 2014 Prop 2 30% HMAC Both 133090 Morgan Ave (Staples St to Ocean Dr) Bond 2014 Prop 1 On Ho)4 Both Both PCC HMAC Both Advertised or in Construction 7 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 13, 2017 Second Reading for the City Council Meeting of June 20, 2017 DATE: June 12, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning property located at 4540 Tribble Lane CAPTION: Case No. 0517-03 Magellan Terminal Holdings, LP.: A change of zoning from the "CG - 1" General Commercial District to the "IH" Heavy Industrial District. The property is described as Webb Tract Port View 101.58 acres, located along the west side of Poth Lane, south of Tribble Lane, and north of Interstate 37. PURPOSE: The purpose of this item is to rezone the property to allow for above ground fuel tanks. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from "CG -1" General Commercial District to the "IH" Heavy Industrial District. Vote Results: For: 8 Against: 0 Absent: 0 Abstained: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG - 1" General Commercial District to the "IH" Heavy Industrial District to allow for above ground fuel tanks. The proposed rezoning is consistent with the Plan CC Comprehensive Plan. The proposed rezoning is also compatible the Westside Area Development Plan, with neighboring properties, and with the general character of the surrounding area. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned heavy industrial uses including the wholesale storage of petroleum products. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map and the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Magellan Terminal Holdings, LP. ("Owner"), by changing the UDC Zoning Map in reference to Webb Tract Port View 101.58 acres, from the "CG -1" General Commercial District to the "IH" Heavy Industrial 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 Magellan Terminal Holdings, 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, May 17, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG -1" General Commercial District to the "IH" Heavy Industrial District, and on Tuesday, June 13, 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 Magellan Terminal Holdings, LP. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Webb Tract Port View 101.58 acres, located along the west side of Poth Lane, south of Tribble Lane, and north of Interstate 37 (the "Property"), from the "CG -1" General Commercial District to the "IH" Heavy Industrial District (Zoning Map No. 049045), as shown in 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0517-03 Magellan Terminal Holdings, LP\Council Documents\Ordinance_0517-03_Magellan Terminal Holdings, LP..docx Page 2 of 3 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor IH IH 37 ACCESS RD NB CN -1 G-2 ° 400 UP RIVER TO IH 37 RAMP SB IH 37 FWYSB 800 IH 37 ACCESS RD SB I r Date Created: 5/1/2017 Prepared By: JeremyM Department of Development Services CASE: 0517-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY LOCATION MAP1 101 City of Corpus Christi Aerial Overview Subject Property at 4540 Tribble Lane N PLANNING COMMISSION FINAL REPORT Case No. 0517-03 Infor No. 17ZN1013 Planning Commission Hearing Date: May 17, 2017 Applicant & Legal Description Applicant/Owner: Magellan Terminal Holdings, L.P. Representatives: Brian Mayfield Location Address: 4540 Tribble Lane Legal Description/Location: Webb Tract Port View 101.58 acres, located along the west side of Poth Lane, south of Tribble Lane, and north of Interstate 37. Zoning Request From: "CG -1" General Commercial District To: "IH" Heavy Industrial District Area: 22.83 acres Purpose of Request: To allow above ground fuel tanks. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Heavy Industrial and Light Industrial Heavy Industrial and Light Industrial North "IH" Heavy Industrial Heavy Industrial Heavy Industrial South "RS -6" Single Family 6 and "ON" Neighborhood Office Vacant Light Industrial East Outsid(OCL) City Limits Vacant Light Industrial West Outsid(OCL) City Limits Heavy Industrial Heavy Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned heavy industrial uses including the wholesale storage of petroleum products. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map and the Westside Area Development Plan. Map No.: 049045 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 765 feet of frontage along Poth Lane and 1,424 feet of frontage along Tribble Lane. The Urban Transportation Plan designates both as local streets. The subject property is located on the west side of Poth Lane approximately 150 feet north of IH 37 Access Road Street R.O.W. Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Poth Lane Local Residential 50' ROW 28' paved 40' ROW 26' paved N/A Tribble Lane Local Residential 50' ROW 28' paved 20' ROW 20' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -1" General Commercial to the "IH" Heavy Industrial District to allow for wholesale storage tanks for petroleum products. Development Plan: The subject property is comprised of 23.83 acres acres and is proposed to be site of wholesale storage tanks for petroleum products. Existing Land Uses & Zoning: The subject property is currently zoned "CG -1" General Commercial and has a heavy industrial use of large above ground storage tanks. The current use of above ground storage tanks extends to the north which is zoned "IH". Properties to the north were annexed into the City in 1995 and were originally zoned as a combination of the "CG -1" General Commercial District (Formerly B-3) and the "IL" Light Industrial District (Formerly I-2). Furthermore, the properties to the north were rezoned to "IH" Heavy Industrial District in 2004. The properties to the east and west are Outside City Limits (OCL) and are designated as part of Industrial District #1. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IH" Heavy Industrial District is consistent with the Westside ADP and the adopted Future Land Use Plan's designation of the property as heavy industrial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • 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 orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • The City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan (Policy Statement C.3). • Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout -out and organization of activities by screening and maintaining buffer areas or zones for their activities (Policy Statement C.6). Department Comments: • The proposed rezoning is compatible with PIanCC and the Westside Area Development Plan. The proposed rezoning is not compatible with neighboring properties and with the general character of the surrounding area. However, as mentioned in the following comments, the adjacent single-family residences no longer exist. • The business of the subject property is the leasing of space for the wholesale storage of diesel, gasoline, and other petroleum based products within permanently installed above ground tanks. • The storage tanks on-site have existed in their current size and configuration since at least 1985. • Aerial photos suggest storage tanks have existed on-site since at least 1956. • The area within where the Subject Property is located was annexed in 1995 and zoned "CG -1" General Commercial District (Formerly B-3). The "CG -1" District was granted due to the adjacency of the single-family homes of Country Club Place. The properties that constitute the single-family home to the south were annexed in 1954. Specific mention of non -conforming uses was included in the staff report in 1995. The purpose of the "CG -1" District was to create a zoning buffer/transition area and prevent the expansion of above ground tanks due to the threat of potential ground contamination and its effects on the adjacent residences. At the time, it was mentioned that the tanks would be removed over time. However, operations have not ceased and the adjacent single-family homes no longer exist. • A property adjacent to the south also owned by the applicant was recently rezoned in 2015 to "ON" Neighborhood Office District to accommodate an administrative office building. Properties also to the south were recently rezoned in 2016 to "IL" Light Industrial District. • According to the Texas Railroad Commission, there are existing pipelines that convey pressurized liquid combustibles that border and cross through the Subject Property. Pipelines also cross the adjacent properties to the south. • There are remaining adjacent properties to the south that retain the "RS -6" Single - Family 6 District. These properties consist of former single-family homes that have slowly vacated the area over time since the early 1990s. Today, no single-family homes remain. Additionally, as mentioned above, there are pressurized pipelines that cross through these properties, therefore no single-family homes will return. • However, due to the "RS -6" District properties, buffer yards will be required. The buffer yard requirement between properties zoned "IH" Heavy Industrial and properties zoned "RS -6" Single -Family 6 District is a Type E buffer yard. According the Unified Development Code (UDC), the Type E buffer yard requires 25 feet and 50 points. • The Subject Property has an existing berm of earth/concrete of approximately 12-15 feet in height. The berm will be extended if and when additional fuel storage tanks are located on-site. • The subject property is located within the city limits and therefore is required to meet the standards of the National Fire Protection Association (NFPA). In the case of emergency, the Corpus Christi Fire Department (CCFD) would be the responding party. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from "CG -1" General Commercial District to the "IH" Heavy Industrial District. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstained: 1 Public Notification Number of Notices Mailed — 26 within 200 -foot notification area 5 outside notification area As of May 12, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0517-03 Magellan Terminal Holdings, LP\Council Documents\CC Report_0517-03_Magellan Terminal Holdings LP..docx IH IH 37 ACCESS RD NB CN -1 G-2 ° 400 UP RIVER TO IH 37 RAMP SB IH 37 FWYSB 800 IH 37 ACCESS RD SB I r Date Created: 5/1/2017 Prepared By: JeremyM Department of Development Services CASE: 0517-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY LOCATION MAP1 101 City of Corpus Christi 8 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 13, 2017 Second Reading for the City Council Meeting of June 20, 2017 DATE: June 12, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning property located at 2121 Rand Morgan Road CAPTION: Case No. 0517-04 MPM Development, LP: A change of zoning from the "RS -6" Single - Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property is described as being a Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1F, located along the west side of Rand Morgan Road, south of Leopard Street, and north of Oregon Trail. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of single- family homes on approximately 167 lots ranging from 5,500 to 10,000 square foot lots. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 9 Against: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District to allow for the construction of single-family homes. The proposed rezoning is consistent with the Plan CC Comprehensive Plan. The proposed rezoning is also compatible the Northwest Area Development Plan, with neighboring properties, and with the general character of the surrounding area. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 is consistent with the adopted Future Land Use Map and the Northwest Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by MPM Development, LP. ("Owner"), by changing the UDC Zoning Map in reference to Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1F, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of MPM Development, 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, May 17, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RS -4.5" Single -Family 4.5 District, and on Tuesday, June 13, 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 MPM Development, LP. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, located along the west side of Rand Morgan Road, south of Leopard Street, and north of Oregon Trail. (the "Property"), from the "RS - 6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 059047), as shown in Exhibit "A", which is a metes and bounds description of the Property, and Exhibit "B", which is a location map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entities. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT "A" Description of a 42.398 acre tract of land, more or less, a portion of Lots 3, 6, 11 and 14, Artemus Roberts Subdivision, a map of which is recorded in Volume 3, Page 41, Map Records, Nueces County, Texas, and consisting of all of a 6.517 acre tract of land and all of a 31.119 acre tract of land, both as described by deed recorded as Document No. 2007024157, Official Records of said county, a portion of a drainage easement/right-of-way described by deed recorded as Document No. 2003045766, said Official records, a portion of a 6.455 acre tract of land described as Tract IF in deed, Document No. 2001043336, said official records and a portion of a 42.806 acre tract of land described by deed as Document No. 2004009258, said official records, said 42.398 acre tract of land as further described by metes and bounds as follows, all iron rods described below as being set contain plastic caps labeled "Bass and Welsh Engineering"; BEGINNING at a west right-of-way corner of Rand Morgan Road which bears N89° 12'33 "E 20.00' from the northeast corner of Lot 11, Block 1, Northwest Crossing Unit 1, a map of which is recorded in Volume 62, Pages 1 and 2, said map records, said beginning point for the southeast corner of the tract herein described; THENCE S89°12'33"W 1100.00' along the south boundary line of a 100' wide portion of said drainage easement/right- of-way and being along the north boundary line of said Northwest Crossing Unit 1 and along the north boundary line of Northwest Crossing Unit 3, a map of which is recorded in Volume 63, Pages 53 and 54, said Map records and along a north boundary line of Northwest Crossing Unit 5, a map of which is recorded in Volume 66, Pages 67 and 68, said Map records, to a point occupied by a fence for central interior corner of the tract herein described and northwest corner of Lot 86, Block 1, said Northwest Crossing Unit 5; THENCE along the west boundary line of said Lot 86, Block 1, Northwest Crossing Unit 5, S00°47'27"E 61.50' to a to point occupied by a fence for central corner of the tract herein described and northeast corner of Lot 107, said Block 1, Northwest Crossing Unit 5; THENCE S89°12'33"W 270.00' along a north boundary line of said Northwest Crossing Unit 5 to a to point occupied by a fence for central corner of the tract herein described and northwest corner of Lot 1, Block 6, said Northwest Crossing Unit 5; THENCE N00°47'27"W 61.50' along the east boundary line of Lot 22, Block 6, Northwest Crossing Unit 6, a map of which is recorded in Volume 66, Pages 150 and 151, said map records, to a 5/8" iron rod with plastic cap labeled "Urban Engineering" found for interior central corner of the tract herein described and northeast corner of said Lot 22, Block 6, Northwest Crossing Unit 6; THENCE S89°12'33"W 540.00' along said south boundary line of 100' wide portion of drainage easement/right- of-way, being along the north boundary line of said Northwest Crossing Unit 6 and along the north boundary line of Northwest Crossing Unit 7, a map of which is recorded in Volume 68, Pages 282 and 283, said Map records, to a 5/8" iron rod with plastic cap labeled "Brister Surveying" found for the southernmost west corner of the tract herein described and northwest corner of Lot 49, Block 6, said Northwest Crossing Unit 7; THENCE N00°47'27"W 100.00' across said 100' wide portion of drainage easement/right-of-way to a 5/8" iron rod set in the north boundary line of said 100' wide drainage easement/right-of-way for a southwest interior corner of the tract herein described and southwesterly corner of said 6.517 acre tract; THENCE S89°12'33"W 120.00' along the southwest boundary line of said 6.517 acre tract and along the north boundary line of said drainage easement/right-of-way to a 5/8" iron rod set for the southwest corner of said 6.517 acre tract and westernmost south corner of the tract herein described; THENCE N00°47'27"W 660.00' along the west boundary line of said 6.517 acre tract of land to a 5/8" iron rod set at the point of curvature of a circular curve to the right having a central angle of 90°00'00", a radius of 150.00' and a chord a bearing N44° 12'33 "E a distance of 212.13'; THENCE along the arc of said circular curve to the right, being along a northwest boundary line of said 6.517 acre tract, a distance of 235.62' to a 5/8" iron rod set at the point of tangency; THENCE N89°12'33"E 1879.52' along the north boundary line of said 6.517 acre tract of land to a 5/8" iron rod set in the west right-of-way line of said Rand Morgan Road for the northeast corner of the tract herein described; THENCE S00°49' 15"E 910.00' along said west right-of-way line of Rand Morgan Road, being along a line 40.00' west of and parallel to the centerline of said Rand Morgan Road, to the POINT OF BEGINNING. r=1RS T TITLE COMPANY 54021-101W Road Suite 2202 TX 79411 Corpus Christi, (361) 9 3-2033 GF # 45 0 CG -2 ■ 32 80 47„ „81 ,^7 60h 71_ /_1h 12R S 2 79 Cs 0 61 76 �'5N 51 6O�40„ it15N 52 0 352 0 .on 0 5d 826 832 36� 16 m 38 28 14:4 ct �a C° 13,a 2 rdM 2 T3 !4sM $05 —800 RF se t Nair 85 N -5 O RS -6 M'1 1 1 to IL 68 �G'G 69 44 67 57 23 L66 11 70 78 70/ FR Date Created: 4/27/2017 Prepared By: IvetteM Department of -I ev'opment Services CASE: 0517-04 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY Ir I Corpus Christi Bay �l W N LOCATION MAP LL City of Corpus Christi Aerial Overview A Subject Property at 2121 Rand Morgan Road N PLANNING COMMISSION FINAL REPORT Case No. 0517-04 INFOR No. 17ZN1015 Planning Commission Hearing Date: May 17, 2017 Applicant & Legal Description Owner: MPM Development, LP. Applicant/Representative: MPM Development, LP. Location Address: 2121 Rand Morgan Road Legal Description: Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1F, located along the west side of Rand Morgan Road, south of Leopard Street, and north of Oregon Trail. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 42.398 acres Purpose of Request: To allow for the construction of single-family homes on approximately 167 lots ranging from 5,500 to 10,000 square foot lots. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 Vacant Medium Density Residential North "RS -6" Single -Family 6 Vacant Medium Density Residential South "RS -4.5" Single -Family 4.5 Drainage Corridor and RS -4.5 Single- Family 4.5 Drainage Corridor and Medium Density Residential East "RS -6" Single -Family 6 Mobile home and low density residential Medium Density Residential West "RS -6" Single -Family 6 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 is consistent with the adopted Future Land Use Map and the Northwest Area Development Plan. Map No.: 059047 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 900 feet of street frontage along Rand Morgan Road which is designated as an "A2" Secondary Arterial Street Divided. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rand Morgan Road "A2" Secondary Arterial Divided 100' ROW 54' paved 90' ROW 20' paved 7,451 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District to allow for the construction of single- family homes on 167 single-family residential lots ranging in size from 5,500 to 10,000 square feet. Development Plan: The subject property is comprised of 42.398 acres and is proposed to be subdivided into167 lots for single-family homes. At present time, the applicant is working to close a portion of the existing drainage easement along the southern property line. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and is vacant land. To the north and west is vacant land zoned "RS -6" Single -Family 6 District. Approximately 100 feet north of the subject property is vacant land zoned "CG -2" General Commercial District. To the east are a few properties zoned "CG -2" General Commercial District. Also to the east are properties zoned "RS -6" Single -Family 6 District comprised of single-family residences along Rand Morgan Road and a mobile home park with approximately 55 mobile homes. To the south is a single- family subdivision of about 450 residences zoned "RS -4.5" Single -Family 4.5 District. Included within this subdivision is the Tuloso-Midway Intermediate School. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Northwest ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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 orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium -density residential development to arterial roads (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The City Council, hereby, adopts the Northwest Future Land Use Plan (Figure 6) and the accompanying text as a guide for future land use decisions. Department Comments: • The proposed rezoning is compatible with PIanCC and the Northwest Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 86 within 200 -foot notification area 6 outside notification area As of May 12, 2017: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0517-04 MPM Development, LP\Council Documents\CC Report_0517-04_MPM Development LP..docx 45 0 CG -2 ■ 32 80 47„ „81 ,^7 60h 71_ /_1h 12R S 2 79 Cs 0 61 76 �'5N 51 6O�40„ it15N 52 0 352 0 .on 0 5d 826 832 36� 16 m 38 28 14:4 ct �a C° 13,a 2 rdM 2 T3 !4sM $05 —800 RF se t Nair 85 N -5 O RS -6 M'1 1 1 to IL 68 �G'G 69 44 67 57 23 L66 11 70 78 70/ FR Date Created: 4/27/2017 Prepared By: IvetteM Department of -I ev'opment Services CASE: 0517-04 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY Ir I Corpus Christi Bay �l W N LOCATION MAP LL City of Corpus Christi 9 e j C de_a5 i y Q Q P 113' Qi c� J _ 1 v , - nu 4 eo{ +5) _ „ a P e e e 1 1 ) 1 lu 0 u P j. to 4 SEE MAP ON REVERSE SIDE INFOR Case No.. 17ZN1015 Property Owner ID: 3 • &xi f. - Signature Case No. 0517-04 Project Manager: Andrew Dimas Email. AndrewD2@cctexas.com i(ittt�l�I��r��l{�11{�Ir�+ftt��tlttl�lit�ll��l��ttl�fi11���tltt City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 3 578300060250 BRESLEY ALLEN AND WFE CATHY BRESLEY 2041 BARLOW TRL CORPUS CHRISTI, TX 78410 114 OG_2 U,' LPOSTAGE>)€TTNEYBOWES /� ZIP 78412 $ 000.460 02 an 000034061716AY 05 2017 /////// /17/71///71/ /1/,,Xtb /4111/7772391/7,/ ///7,7/ CASE: 0517 04 S BJECT PROPERTY T Z C C, s S b/Bd ro r M C rcla h Comm rc C rcl e rcu R• C n Ce m rc al I, • • SUBJECT PROPERTY 'LOCATION MAP] City of Corpus Christi 9 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 13, 2017 Second Reading for the City Council Meeting of June 20, 2017 DATE: April 27, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Billish Park Agreement with the Padre Isles Property Owners Association CAPTION: Ordinance authorizing the City Manager or designee to execute an Agreement with the Padre Isles Property Owners Association ("PIPOA") for the Lease, Construction of Improvements and Operation of Billish Park located at 15601 Gypsy Street, to allow construction of park improvements, with City funding not to exceed $400,000 and PIPOA funding not to exceed $200,000, and providing for ongoing park maintenance by PIPOA. PURPOSE: Approve an agreement between the City and the PIPOA to execute construction of Billish Park Improvements and provide ongoing park maintenance once the construction is complete. BACKGROUND AND FINDINGS: Bond 2012 includes funds to improve major investments and community parks. Billish Park was earmarked for $500,000 in improvements in the bond. The Parks and Recreation Department has worked with the PIPOA to develop plans for the improvements. However, along the way the project has hit various roadblocks (initial design consultant passed away, bids came in over budget, etc). Due to the lack of sufficient funds to cover the costs of all of the designed improvements for Billish Park, located at 15602 Gypsy Street on Padre Island, approved as part of the 2012 Bond program, an agreement has been reached with the PIPOA Inc. in which the PIPOA will assume responsibility for the design and construction of the Park improvements. The final design will be subject to approval by the Director of Parks and Recreation and the Director of Engineering Services. The Park will be leased to the POA for the period of construction with the POA paying the full costs of construction and being responsible to assure that all bills are paid. Upon completion of construction of the improvements according to the approved plans, the POA will deed the leasehold improvements to the City for an amount not to exceed $400,000, with an amount not to exceed $200,000 being paid by the POA, and the lease will terminate. In the event of any cost savings in the construction, the price will be reduced with two-thirds of the savings for the City and one-third for the POA. After the completion of construction, the POA has agreed to maintain the Park on a year- to-year basis for an annual fee of $14,700.00 which is the amount currently budgeted by Parks for Billish Park. The POA will be responsible for any additional costs. The parties can terminate that agreement at any time on one year's notice. The Agreement for the Lease, Construction of Improvements and Operation of Billish Park is attached. ALTERNATIVES: Do not approve the agreement and ask the Parks & Recreation Department to oversee limited project improvements. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Lease agreements must be approved by City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Legal, Finance FINANCIAL IMPACT: X Operating ❑ Revenue x Capital ❑ 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 $400,000 $14,700 $414,700 BALANCE $400,000 $14,700 $414,700 Fund(s): Bond 2012 - $400,000; FY2018 (and future FY) $14,700 Comments: None RECOMMENDATION: Staff recommends approving the agreement. LIST OF SUPPORTING DOCUMENTS: Lease Agreement Ordinance Ordinance authorizing the City Manager or designee to execute an Agreement with the Padre Isles Property Owners Association ("PIPOA") for the Lease, Construction of Improvements and Operation of Billish Park located at 15601 Gypsy Street, to allow construction of park improvements, with City funding not to exceed $400,000 and PIPOA funding not to exceed $200,000, and providing for ongoing park maintenance by PIPOA Whereas, by election held on November 6, 2012, the City of Corpus Christi voters approved Proposition 4 regarding funding for City parks and recreation permanent public improvement projects; Whereas, the City identified up to $500,000 out of the 2012 bond funds for proposed improvements to the Billish Park; Whereas, the bond funding was not sufficient to complete the plans proposed for Billish Park improvements; Whereas, the Padre Isles Property Owners Association desires to provide funds up to $200,000 in conjunction with the City bond funds of up to $400,000 to complete the Billish Park improvements; 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 an Agreement with the Padre Isles Property Owners Association for the Lease, Construction of Improvements and Operation of Billish Park located at 15602 Gypsy Street, to allow for construction of park improvements, with City funding not to exceed $400,000 and PIPOA funding not to exceed $200,000, and providing for ongoing park maintenance by PIPOA. A copy of the Agreement is on file with 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor AGREEMENT FOR THE LEASE, CONSTRUCTION OF IMPROVEMENTS AND OPERATION OF BILLISH PARK THIS AGREEMENT FOR THE LEASE, CONSTRUCTION OF IMPROVEMENTS AND OPERATION OF BILLISH PARK ("Agreement") is made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a home -rule municipal corporation ("City") and PADRE ISLES PROPERTY OWNERS ASSOCIATION, INC., a Texas nonprofit corporation (-PIPOA"). I. Term This Agreement shall commence on the effective date described herein and continue in its first phase until improvements are accepted by the City as provided herein and thereafter on a year- to-year basis until terminated as provided herein. In the event that the parties do not reach agreement on the final plans and specifications for the improvements to Billish Park (the "Billish Park Improvements") within four (4) months from date of last signature, this Agreement shall be subject to termination by either party on thirty (30) days' written notice. Upon the completion of the Billish Park Improvements and acceptance by the City, this Agreement shall continue in effect on a year-to-year basis consistent with the City's fiscal year subject to termination by either party by written notice at least three (3) months prior to the commencement of any City fiscal year. II. Project Scope A. The City will provide the PIPOA with the plans and specifications for the Billish Park Improvements developed by the City's consultant, LMA Design, LLC. Billish Park is an approximately 1 I acre park located at 15601 Gypsy, Corpus Christi Texas. The PIPOA reserves the right to work with its selected contractors to adjust the plans and specifications as needed to bring the cost of the Billish Park Improvements within the available budget. However, the PIPOA assumes any and all risks related to any adjustment to the plans and specifications developed by the City's consultant. In addition, the PIPOA recognizes that the City's consultant is not responsible to review nor approve any adjustments to the plans and specifications. All plans must be submitted to the City Director of Engineering and Director of Parks and Recreation and allow for at least 30 days for final review and approval, which approval shall not be unreasonably denied. B. The Billish Park Improvements must include: 1. Installation of new irrigation; and 2. Improvement to the turf and landscaping. C. The Billish Park Improvements may include: Pate 1 1. Excavation and grading of a pond, including placement of spoils throughout Billish Park in accordance with the plans and specifications; 2. Turf establishment on the pond slopes and embankments; 3. Suction pump at the pond for irrigation; 4. Concrete walkways adjacent to the pond; and or 5. Playground equipment. D. Upon completion of the modifications to the plans and specifications for the Billish Park Improvements, the PIPOA shall submit the final terms of the construction contract and plans and specifications to the City Director of Parks and Recreation and the City Director of Engineering Services for review and approval, which approval shall be provided within thirty (30) days and which approval shall not be unreasonably denied. 111. Construction of improvements A. The P1POA agrees to contract for the construction of the Billish Park Improvements as approved in the manner described above at its sole cost and expense. PIPOA shall ensure that the construction contract contains the insurance bond, and indemnification terms outlined on the attached Exhibits A and B. The PIPOA shall confirm with documentation to the City Director of Financial Services that it has sufficient funds to pay for the Billish Park Improvements prior to the commencement of any construction. B. Evidence of Contractor's insurance coverages in the amounts specified in Exhibit A and City building and construction permits shall be presented to the City Director of Engineering Services and City Director of Parks and Recreation prior to construction. C. The PIPOA agrees that all plans developed and all work performed shall be done in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, including but not limited to the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines and such work shall be subject to City inspection during the performance thereof and after it is completed. The PIPOA shall ensure that its contractor maintains Billish Park in a clean, safe, and sanitary condition during the construction activities. The PIPOA shall develop a process to address and respond to any neighborhood complaints regarding the construction activities. D. The PIPOA shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of PIPOA as such obligations mature. The PIPOA expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Billish Park Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Billish Park Improvements thereon, and the PIPOA will discharge any such lien within thirty (30) days after notice of filing thereof. Page 2 E. The PIPOA shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature or such operation, so as not to unreasonably annoy, disturb or endanger others. F. During the term of construction, Billish Park shall be leased to the PIPOA and the PIPOA shall have exclusive possession of the property for the duration of the construction project, which in no event shall exceed one year from the date of commencement except with written approval of the City Manager. However, Billish Park shall remain open to the public except for portions closed due to construction. This Agreement shall constitute the lease of Billish Park for such purposes for the consideration provided herein. The commencement date of construction and the lease of Billish Park shall be deemed to occur upon the issuance of a building permit by the City for the Billish Park Improvements. G. The City shall not be liable to PIPOA nor its contractor for any delay damages. IV. Transferjif Billish Park Improvements to City and Payment A. Upon the completion of the Billish Park Improvements, the PIPOA shall execute a special warranty deed conveying such improvements to the City for the purchase price of $400,000 to be paid by the City (the "City Purchase Price"), which is subject to further reduction as provided below. B. The City Purchase Price for the Billish Park Improvements shall be reduced from $400,000 if the actual costs of construction incurred by the PIPOA (the "Actual Costs of Construction"), including the costs of one or more construction contractors, design consultants, construction managers, materials, bonds, insurance, permit fees and all other out-of-pocket expenses incurred directly for the completion of the Billish Park Improvements, are less than the sum of $600,000.00. If the Actual Costs of Construction are Tess than $600,000, the City Purchase Price to be paid by the City shall be reduced from $400,000 by 2/3 of the difference between $600,000 and the Actual Costs of Construction. An example is set out as follows: Maximum Costs of Construction: Actual Costs of Construction: Savings Accomplished: $600,000.00 $588.000.00 $12,000.00 Savings to City: 2/3 of $12,000 $8,000.00 City Purchase Price: $400,000.00 - $8,000.00 $392,000.00 C. Upon completion of the Billish Park Improvements, the PIPOA shall deliver to the City Director of Engineering Services and City Director of Parks and Recreation a cost report itemizing the expenses incurred including copies of the invoices for each expense. The City shall have thirty (30) days to inspect the Billish Park Improvements and review such costs and present any objections to the same. If the parties cannot resolve all Page 3 objections within thirty (30) days after the making of any objection, the City shall proceed to pay the full amount of the Purchase Price not in dispute, and the PIPOA shall deliver the special warranty deed and reserve its rights to seek its remedies at law for the collection of the remainder of the Purchase Price claimed by the PIPOA. D. Within sixty (60) days following completion fo the Billish Park Improvements, the PIPOA shall deliver the special warranty deed to the Billish Park Improvements in exchange for the payment of the Purchase Price determined in the manner provided above. The City may retain such deed in its records or file such deed of record with the Nueces County Clerk, at the City's option. Upon the delivery of such special warranty deed, the lease provided in Section IV above shall terminate. E. All warranties provided to the PIPOA regarding the Billish Park Improvements as part of the construction of same shall be transferred and assigned to the City together with the special warranty deed. F. Nothing herein shall obligate the PIPOA to expend more than a total of 5600,000.00, with S200,000.00 being the maximum net cost to the PIPOA, for the construction of the BiIlish Park Improvements. V. Maintenance and Operation of Billish Park A. The PIPOA agrees to adopt, maintain, and repair Billish Park, including the Billish Park Improvements upon completion of construction of the Billish Park Improvements, on a year-to-year basis in accordance with terms and conditions described herein and subject to adjustment from time to time based on agreement between the PIPOA and the City Manager or designee. B. The PIPOA agrees to maintain the multi-purpose sports field established at Billish Park according to the following standards: • Mow every 7 days during faster growing periods from March through October each year and every I4 days during the remainder of each year. • Aerate on an annual basis. • Fertilize on an annual basis. • Irrigate with an automated or manual irrigation system. • Apply pest control as needed. • Pick up litter and empty receptacles on a weekly basis or more frequently as needed. • Maintain alI remaining improvements on an as -needed basis. C. For the remainder of Billish Park, the maintenance schedule shall be the same except the mowing schedule may be reduced to approximately 21 times per year mowing every I4 days during months of March through October and every 28 days during the remainder of the year. Page 4 D. The City agrees to trim the palm trees at Billish Park at least one time per year. E. Each year, the City agrees to provide to the PIPOA $14,700.00 to defray a portion of the costs of mowing and maintaining the landscaping associated with Billish Park and the Billish Park Improvements, such amount to be paid on or before December 1 (or other mutually acceptable date) during each fiscal year subject to appropriation of funding and the City's annual budget process. The PIPOA shall be responsible for all other costs of mowing and maintenance of Billish Park. The City agrees to provide three months' notice of termination as provided in Section X11 below in the event that it elects not to appropriate such funds for the next fiscal year. F. If constructed, the PIPOA shall be solely responsible for the maintenance of the pond suction pump and related irrigation system in perpetuity until such system is removed or replaced. G. The PIPOA agrees to comply with the City's water conservation program. VI. jndemnificatio The PIPOA does hereby agree to indemnify and hold harmless the City and all of its officers, officials, agents, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or causes of action which may arise by out of or in connection with this Agreement, including injury to or death of any person or for loss of, damage to, or loss of use of any property, arising out of or in connection with this Agreement occasioned by error, omission or negligent act of the PIPOA, its officers, agents, employees, invitees or other person for whom it is legally liable with regard to the performance of this Agreement. VII. $iQnaQe During the period of construction, the PIPOA may erect a sign reflecting the investment of City Bond funds and the investment of the PIPOA's funds for the Billish Park Improvements, which sign shall be subject to approval by the City Director of Parks and Recreation, which approval shall not be unreasonably withheld or delayed. Otherwise, during the term of this Agreement, the PIPOA may not place any signage at Billish Park except with prior written approval from the City Director of Parks and Recreation. VIII. Utilities If any utilities are required, needed or desired by the PIPOA during construction of the Billish Park Improvements, the PIPOA shall bear all costs, expenses and fees of extension connections or tapping charges for water and sanitary sewer facilities on the City's property, in accordance with the ordinances of the City, which expenses shall be includable as part of the Actual Costs of Construction provided above. Except for water used for irrigation purposes as provided below, PIPOA must pay for all utilities used by it or for any activity sponsored by PIPOA at Billish Park prior to the due date for payment. PIPOA must adhere to applicable water conservation Page 5 standards. In an effort to ensure that Billish Park is maintained in accordance with City standards, the City shall not charge PIPOA for water used by PIPOA to maintain and keep the Billish Park grounds in good condition. IX. Independent Contractor The PIPOA covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of City. In addition, the PIPOA covenants and agrees that the employees and volunteers of the PIPOA participating in the construction of the Billish Park Improvements, or participating in any other activity arising under or related to this Agreement, are solely employees and volunteers of the PIPOA and they are not employees or volunteers of the City nor are they under the control, supervision, or administration of the City. X. Assignment The PIPOA shall not assign this Agreement without the prior written consent of the City. XI. Entire A reement This Agreement embodies the complete agreement of the parties hereto regarding the Billish Park Improvements superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. XII. Notices All notices or communications required under this Agreement or desired to be given by the parties hereto shall be sent in writing, and shall be deemed sufficiently given when same is hand delivered or deposited in the United States mail, sufficient postage prepaid, registered or certified mail, return receipt requested, addressed to the recipient at the address set forth below: City of Corpus Christi Director of Parks and Recreation Post Office Box 9277 Corpus Christi, Texas 78469-9277 361-826-3464 PIPOA 140I5 Fortuna Bay Drive Corpus Christi, TX 78418 361-949-7025 XIII. Non -Waiver It is further agreed that one (1) or more instances of forbearance by City in the exercise of its rights herein shall in no way constitute a waiver thereof. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of ,2017. City of Corpus Christi Padre Isles Property Owners Association, Inc. Margie C. Rose City Manager (Date) APPROVED AS TO LEGAL FORM: Assistant City Forney (Date) RECOMMENDED: 00 j 11' .gton tor, Parks & Re Brent Moore President S "/7 (Date) Page 7 EXHIBIT A INSURANCE REQUIREMENTS 1. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies 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 and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 . $500,000 .:$500,000 C. in the event of accidents of any kind related to this Agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 8 11. ADDITIONAL REOUIREMENTS 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 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 Tess than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within I 0 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 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, 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; • 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 Iess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, 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 Page 9 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, andior 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 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 under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 10 EXHIBIT B Terms regarding construction of improvements at Billish Park The contractors who are awarded contracts for construction of the Billish Park Improvements shall furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with PIPOA as an Obligee. 2. Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with PIPOA as an Obligee. All construction agreements for the Improvements shall include the following provisions in large, bold fact font: THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND ALL OF ITS OFFICIALS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTION INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, AND CONTRACTOR SHALL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT THE CITY OF CORPUS CHRISTI FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. Page I 1 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are Interested parries. Complete Nos. 1, 2. 3, 5, and 6 ii there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number. 2017-209403 Date Filed: 05/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Padre Isles Property Owners Association, 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. 111 Contract for Lease and Construction of Improvements to Btliish Park 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Jones, Marvin Corpus Christi, TX United States X Tate, Carter Corpus Christi, TX United States X Tressa, Nancy Corpus Christi, TX United States X Shadow, John "Jack" Corpus Christi, TX United States X Scanlan, Darrell Corpus Christi, TX United States X Hess, Leslie Corpus Christi, TX United States X Moore, Brent Corpus Christi, TX United States X Wood, Boyldn & Wolter, PC Corpus Chrsiti, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT < < 4 AFFIX Sworn 20 1,44,.....—C, I swear, or affirm, under > ` penalty of perjury, that the above disclosure Is true and correct. �J AP.' VERONICA C SALAIS ,n, ID# 120141f- s v Notary Public STATE OF TEXAS -"' My Comm. Exp. 0906-2020 NOTARY STAMP 1 SEAL ABOVE to and subscribed before me, by the said 17 to certify which, witness my hand and I - , natwe John D. Bell of authorized agent of contracting business entity , this the day of May , seal of office. Veronica Salais Notary Public ,-,� Signature of officer administering oath Printed name of officer administering oath Tide of officer administering oath provided icy Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 10 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of June 13, 2017 Second Reading Ordinance for the City Council Meeting of June 20, 2017 DATE: 06/12/2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for developer for the construction of a water grid main extension line located at the southeast corner of Fred's Folly Drive and Yorktown Boulevard CAPTION: Ordinance authorizing City Manager or designee to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with Oso Bend Development Company ("Developer"), for the construction of a water grid main extension line and appropriating $117,667.45 from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Oso Bend Development Company is required to install 1,927 linear feet of a 12 -inch main extension water line in order to provide adequate water to a proposed residential subdivision development. The subdivision is located southeast of Yorktown Boulevard between Fred's Folly Drive and Starry Road. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.C.1.B Arterial Transmission and Grid Main Extension and Reimbursement, Oso Bend Development Company is requesting a Reimbursement Agreement for the development of approximately 14.16 acres of land Situated in Lot 22 and 23, Section 25, Flour Bluff and Encinal Farm and Garden Tracts as shown on the final plat. The subdivision is located southeast of Yorktown Boulevard between Fred's Folly Drive and Starry Road. The development requires the extension of 1,927 linear feet of 12 -inch main extension water line in order to provide adequate water 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 water to serve the proposed residential development and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.1.C.1.B Arterial Transmission and Grid Main Extension and Reimbursement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable X Other Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,462,650.87 Encumbered / Expended Amount $1,034,923.39 This item $117,667.45 BALANCE $1,310,060.03 Fund(s): Water Arterial Transmission and Grid Main Trust Fund 4030-21805-777-540450 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 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with Oso Bend Development Company ("Developer"), for the construction of a water grid main extension line and appropriating $117,667.45 from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with Oso Bend Development Company ("Developer"), for the extension of a 12 -inch main extension water line, including all related appurtenances, for the development of Lots 22 and 23, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Riverbend Subdivision Unit 1, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $117,667.45 is appropriated from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer for the construction of a water grid main extension 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Oso Bend Development Company ("Developer"), 101 N. Shoreline Boulevard, Suite 600, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Riverbend Subdivision Unit 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Riverbend Subdivision Unit 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located at the southeast corner of Fred's Folly Drive and Yorktown Boulevard. The 12" PVC tie-in line will travel southeast along the south right-of-way of Yorktown Boulevard for 1,927 maximum linear feet and terminating with a 12" cap and 2" blow -off valve near the southeast corner of Ranch View Drive and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on the south right-of-way of Yorktown Boulevard for a distance of 1,927 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Riverbend Subdivision Unit 1, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1 REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install one (1) 12" x 6" Ductile Iron Tee 2. Install 1,927 linear feet of 12" PVC C-900 3. Install four (4) 12" Gate Valve and Box 4. Install three (3) Fire Hydrants Assembly Complete In-place 5. Install one (1) 12" Cap w/ 2" Blow -off Valve 6. Install one (1) Tie in to Existing Waterline b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by June 20, 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 or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 20, 2018. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 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: Oso Bend Development Company Attn: John W. Wallace 101 N. Shoreline Blvd. Suite 600 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $131,317.45 ($117,667.45 waterline reimbursement and $13,650.00 water distribution system acreage fee). See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Parkview Unit 2, a subdivision in 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's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2017. SIGNATURES FOUND ON PAGES 9 and 10. Developer: Oso Bend Development Company 101 N. Shoreline Blvd. Suite 600 Corpus Christi, Texas 78401 By: John W. Wallace, Vice -President THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by John W. Wallace, Vice -President Oso Bend Development Company, and acknowledged before me on the day of , 2017. Notary Public, State of Texas CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Julio Dimas City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2017. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Julio Dimas, CFM, Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2017. Assistant City Attorney For the City Attorney 1.) Total platted area contains 14.16 Acres of Land. (Includes Street Dedication) 2.) The receiving water for the storm water runoff from this property is the Oso Creek. The TCEQ has not classified the aquatic life use for the Oso Creek, but it is recognized as an environmentally sensitive area. The Oso Creek Flows directly into the Oso Boy. TheTCEO has classified the aquatic life use for the Oso Bay a"exceptional" and "oyster waters` and categorized the receiving water as contact recreation" use. 3.)Bearings based on CPS, NAD83, State Plane Coordinate System. Texas South Zone 4205. 4.) By graphic plotting only, this property is in Zone '6' on Flood Insurance Rate Map, Community Panel No. 485494 0540 C, Nueces County, Texas, which bears a revised date of March 18, 1985 and is not in a Special Flood Hazard Area. 5.)The yard requirem^nt' depicted is regoireement of the Onified Development Code d 's subject to hange as the ning m0y change. 6.)Residential driveways are prohibited direct access to Yorktown Boulevard from Lots 1 through 16, Block 1; and Lot 13, Block 2. 7.) Residential driveways are e prohibited direct ac cess to Ranch Yew Drive from Lot 1, Block 1, Lots 1and 28. Block 6 andLot 1, Block 7. 8.) All temporary drainage easements shall be maintained by the Home Owners Association (HOA). 9.)Lot 1A, Block 1 and Lot 13A, Block 2 ore landscape Tots to be maintained by the Home Owners Association. State of Texas County of Nueces Patricia H. Wallace, Trustee y2, hereby certifies that she is the owner of the lands embraced within the boundaries of Me foregoing plat; that she has had said lands surveyed and subdivided as shown: that streets shown arededicated to the public use forever; that easements as shown are dedicated to the public use for the Installation, operation and use of public ulilitlnS; and that th4 mop was made for the purpose of description and dedication. This Me day of By 001040 H. Wallace, Trustee #2 State of Texas County of Nueces 20 - This instrument was acknowledged before me by Patricia H. Wallace. Trustee #2. This the day of 20 - Notary Public in and for the state of Texas OCT 1 9 2016 =l PLANNING COMMISSION Plat of Riverbend Subdivision Unit 1 a 14.16 Acre Tract of Land out of Lots 22 and 23, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 14.16 Acres being out of a 60.073 acre tract of land described Warranty Deed from John Wollace, Trustee to Patricia H. Wallace, Trustee #2, recorded in Document No. 2005007409, Official Public Records of Nueces County, Texas. Site A Location Map: N.T.S. State of Texas County of Nueces This final plat of the herein described property was approved by the Department of Development Services of the City of Corpus Christi. Texas. This 0106 day of 20 Ratner Pottumuthu, P.E., L009 40 Development Services Engineer State of Texas County of Nueces Ibis anal plot of the herein described property was approved on behalf of the City of Corpus Ciwls0, Texas by Me Planning Commission. This the day of 20 Daniel McGinn, AI.0.0. Philip J. Ramirez, ALA.. LEED AP. Chairman Interim Secretary State of Texas County of Nueces I. Kara Sands, perk of the County Court in and for said County. do hereby certify that the foregoing instrument doted me _ day of 20 with Its certificate of authentication was filed for record in my office the _ day of 20 At O'clock _M and duly recorded the - day of 20- at _ O'clock _M., In said County in Volume . Page Map Records. Witness my hand and seal of the County Court, in and for said County, at office In Corpus Christi, Texas, the day and year last written. No Fled for Record Kara S000s. County 00110 Nueces Cnnty, Texm at O'clock -JA 20 BY Deputy State of Texas County of Nueces James D. Carr, a Registered Professional Land Surveyor far Urban Engineering. have prepared the foregoing map tom arvey made on Me ground under y direction and is true and correct to the best of my knowledge. information and belief: I have been engaged under contract to set 011 Lot and Block corners ashown herein and to complete such operations with due and reasonable diligence consistent with sound professional practice. This Me _ day of 20 James D. Carr. R.P.LS. Texas License No. 6458 U F! B A Ni DATE: Beet. 7, 2016 SCALE: 1 =100' ENGINEERING JOB NO.: 39595.85.03 SHEET: 1 of 2 DRAWN BY: 04 EXHIBIT 1 1 of 2 LINE 11'241229' eel naw CURVE C2 Ce CO C9 C10 C11 015rANCg 100.00 90,00 00 nI ARC LENGTH 90'00'00" 90'00'00' 90'00'00' 23.56 zo ooh 0210,M" 00000 IFNGT11 15.00 .041211 148'040.2' 90'00'00" 90100.00.1 25.00 25.00' 6.25 S16117 311E 21.21 291E 51617311E 2.29, H14140 15, 20.00 N73142129.E N1617 31^11 .13' .80' 12.13 21.21 OCT 1 9 2016 PLANNING COMMISSION 150 100 50 0 100 200 Graphic Scale 1"=100' 0 5/8 Inch Iron Rod Found a 5/9 Inc mn 550 w60 'ul:eeN�6r'+Gre cclx� Fo9na SIe F5500*115 VR6PN ENGR 0010' Set 0 Mac Nail h washer tamped URBAN MGR CCT% SM Plat of Riverbend Subdivision Unit 1 a 14.16 Acre Tract of Land out of Lots 22 and 23, Section 25, Flour Bluff and Encino) Farm and Garden Tracts, a mop of which is recorded In Volume A, Pages 41-43, Mop Records of Nueces County, Texas; said 14.16 Acres being out of a 60.073 acre tract of land described Warranty Deed from John Wallace, Trustee to Patricia H. Wallace, Trustee #2, recorded in Document No. 2005007409, Official Public Records of Nueces County, Texas. URBANDATE: Sett. 7, 2016 SCALE: 1 =100 ENGINEERING JOB NO.: 39595.95.03 ,a °6,„m'+,„ SHEET: 2 of 2 p DRAWN 6Y: XG 1,139515113503111395358518.,/, 9/17¢0161156 an EXHIBIT 1 2 of 2 APPLICATION FOR WATERLINE REIMBURSEMENT We, Oso Bend Development Company, 101 N. Shoreline, Suite 600, Corpus Christi, TX 78401, Developers of proposed Riverbend Subdivision Unit 1, hereby request reimbursement of $117,667.45 for the installation of the grid main water line, 12" C-900 PVC, in conjunction with said lot, as provided for by City Ordinance No. 17092. $117,667.45 is the construction cost, including 11.5% Engineering, testing and Surveying, less the lot/acreage fee, as shown by the cost supporting documents attached herewith. J ► n W. Wallace, Vice -President Date so Bend Development Company THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2017, by John W. Wallace, Vice -President, of Oso Bend Development Company, a Texas Corporation, on behalf of the said corporation. 0 ryP b • lic in and r the State of Texas XAVIER GALVAN Notary ID # 125186163 My Commission Expires February 1, 2021 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 Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. LI Development Services Engineer EXHIBIT 2 (Date) 1 of 2 APPLICATION FOR WATERLINE CREDIT We, Oso Bend Development Company, 101 N. Shoreline, Suite 600, Corpus Christi, Texas 78401, Developers of proposed Riverbend Subdivision Unit 1, hereby apply for $13,650.00 credit towards the water lot/acreage fee for the installation of the grid main water line, 12" C-900 PVC, as provided for by City Ordinance No. 17092. $131,317.45 is the construction cost, including 1 1.5% Engineering, testing and Surveying, as shown by the cost supporting documents attached herewith. J . n W. Wallace, Vice -President Date so Bend Development Company THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on : Vi 2017, by John W. Wallace, Vice -President, of Oso Bend Development Company, a Texas Corporation, on behalf of the said corporat- Irmakmibiralasialmariolbswisilloarralbsire 4 XAVIER GALVAN Notary ID 1 125186163 My commission Expires February 1. 2021 Notate Public in an 4 for the State of Texas EXHIBIT 2 2 of 2 CONSTRUCTION PLANS FOR PAVING, WATER, SANITARY SEWER AND STORM SEWER IMPF RIVER BEND RANCH - PHASE 1 CORPUS CHRISTI, TEXAS 2 THE FOLLOWING 1 1(801 ) SHEER SPECIFICALLY IDENTIFIED BETON NBEN GELLED BY NE OR OMER NY RESPONSIBLE SUPENI=N AS BENG APPIM/LE AB%EM. P.I 11/18/1016 CITY STANDARDS CITY OF C.C. STANDARD WTER DETAILS 1 OF 5 CITY OF C.C. STANDARD `!`LATER DETAILS 2 OF 5 CITY OF C.C. STANDARD WTER DETAILS 3 OF 5 CITY OF C.C. STANDARD WTER DETAILS 4 OF 5 CITY OF C.C. STANDARD `!`LATER DETAILS 5 OF 5 CITY OF C.C. STANDARD iNITARY SEWER DETAILS 1 OF 5 CITY OF C.C. STANDARD 91NITARY SEWER DETAILS 2 OF 5 CITY OF C.C. STANDARD iNITARY SEWER DETAILS 3 OF 5 CITY OF C.C. STANDARD iNITARY SEWER DETAILS 4 OF 5 CITY OF C.C. STANDARD 91NITARY SEWER DETAILS 5 OF 5 CITY OF C.C. STANDARD 170R6H SEWER DETAILS 1 OF 2 CITY OF C.C. STANDARD SORM SEWER DETAILS 2 OF 2 CITY OF C.C. STANDARD RIVEWAY DETAILS 1 OF 2 CITY OF C.C. STANDARD RIVEWAY DETAILS 2 OF 2 CITY OF C.C. STANDARD URB, GUTTER AND SIDEWALK DETAILS 1 OF 1 Sheet Number LOCATION MAP N.T.S. EMIT CONTRACTOR 15 RESPONSIBLE FOR NOTIFYING THE CITY OF CORPUS CHRIST CONSTRUCTION INSPECTION DEPARTMENT (826-1738) AT LEAST THREE WORKING DAYS IN ADVANCE OF BEGINNING ANY WORK ON PUBUC IMPROVEMENTS. PUBUC IMPROVEMENTS INCLUDE WATER, SANITARY SEWER, STORM SEWER AND SKEET OR DRIVEWAY WORK ON OR TIEING INTO PUBUC FACIU11E5. EXHIBIT 3 1 of25 ENGINEER: 3 4 5 6 7 8 10 12 13 14 15 16 17 18 19 20 21 22 MUR JG DA I. PREUMINARY MATTERS VOISTRIBLIMA WPM .116.6 BE OSIGL VOMMOSIS BEM X BE COMET 2 OFMOUTION SIOFWPI KS AND ORIVFWAYS aaranasma OffiEmy M. PE As so • a 1. an mos s won. 666 666 6 leixit 1 MPG PATAILLISSOIS 10 DEM MOWS MAE TRMOIRIED Id TO PEOPLE A SEM IM MALL E 4. CURBANDGUTTER 6 :BM PPE M MEALY WORMED MEMO MIMI EMI MX I -MOMS y LEM IYULTIALED WEE El WM NAMES 5. ALL UTILITIES FIMEJEJMILLE 1 .1101,111 DEM VMS MY MOBS WPM EXMMO 10 NMI WM MS MEW 6. STORM SEWER eaceauffloma 2. SANITARY SFWFRS Aerron • /MIMEO SIM EMI MMBER mann 6 zu Els LOMEOLUMRECILY MED FM SPIT mmRoL p.m MILEPRIOL wog o 8. WATER LINES ME WIMP A RILE sWEEPPPLY PPE SE PPS MAP PWRIPPCIFO PEP RE POMO. RUED MAI BE MES rPLPILE.. IMP PPE NM RPM! Mal 9. GAS LINES ln 'OgtrariAsVrde'Ll 21=274.4., .1%11' 10. MISCELLANEOUS LOYEEPM MAL PRP PM SAVES MEMO 6 BE • PIM TE.n m 1 nor n unam sEr OF omen 1116 ommerm OE 11. TRAFFIC�.KT. orr MOMS MRS MEP WE MS ROM 12. SURVEY Mat '..%.1=‘,M.:=4:1=1:11117. PR MEM LYME. RN MY SEEL RE IMO UM TO YPRIORIA POIMENTAISM IrEgM'ISTIB101 r. 13 NOTIFICATION RFOUIRFITFNTS TO EMMY 01ISTROMM BE COMM E MEM 10 WM BE WE SIM 110EVAION 66, wIM (LE ME Trn'sm PPM OF n. mrsmemr vm.T ME IP SE RCMP PM PP.M.M0 IMRE LAMM. AMR 111 MOMED EMI J4 CONTRACTOR'S RFSPONSIRII ITIFS METORAWRIIE BE MIER BE BILLELIMMAJLIY ITU PO II OF MY JLIS. 01:11.4 lErbM100E6 110111(2., TO PROEM BE MR MR LE EOM 10 REMO PO AL .111MR...... wit titiritirmii, E.:, waan m.R 1.711744:22%770% 'TAT rOff AVM= ALT rErtErt L113 OLE PROEM BE ATOM M BE SONTREMI MEM M BE EWE WIMP. MERABOIS II BE POW OF IMCM01. WES YM n. xgmnnnvi aT.�v xmm. mn EEwc anml WI Mm FM A i[mm mEMEILE xE Emv ma m POPPER E MEN, E xEwramnamtws EXHIBIT 3 LEGEND PROPOfff SYOAROIS MOP O 0 ■ I I I ROT 110( MVO COMMTE Prf PAYMENT TOP OF CURB TOP OF IN% M. BROIL NAME EMMY. FLOE LK RUMORED COMTE PPE ROI MISTY PLUME. ME ELME MOUE PIPE METRE Rd ME MKS. BOX MAT MET GRATE NUT AREA ORM BETEG PEPOSM MEMO MME MMUME ERNE SLOPE ReaAmTr 010 (AC) cemnam FLOW AMOR EOM rE./MEM OUT WM ERRE a WO FIE MIMI WM VALE WEEK WM GRATE NMI XLET D EMO SPOT MDMI1011 PEPOS0 SET m FLOWMEOW., Ecce B ETEG COME PEPOSM WOLF OPE ME MITER CONMETE WEEK CENTMIZE OF STREET MAC PAYMENT OMMME SM. WM ISE Em EEM Y01110 EMMERT 4.0) PROMMO 010/1. COPE FLOWABL WW1. PPM PROPER ME FOLLOW. POLS IMMEEMEM FRE )111.61110 SSAMMY 11010 ILAM 3001./CI FLYn 2 of 25 so o f\� S61'17' 1 31"E 1040.00' e ''+ \ o .� a,=v, Boulevard _ —te a ms Yorktown "`M , `r- .. mnss .��. : -te� - - _ - ,N ,n, ?�I R lAKE _e OD RN `3iWF � mit � 1111 1P: :. A ,,, D i '1 aM0 a, ' ..911 .r-2 '22 , ” ' „, n c h G Oiew_ ``', ' _INIII7 1 � AILf >, = -y ral Driv ,� . gip. Gaff E _ • { F 22 ..,, .,, ARO fl,C['�;�' s'E.-�� 1 I" elm:, -- -- f f 'I N p. J rr s'u-e. (Po,- No .w� O16.. EXHIBIT 30„ 3 of 25 Temporary ae. (Doc No. oPRNcr) BUILT PER CRT STANDARDS & E 0G1'17'31"C 1040.00' a ':N.r_CI is Y91 -1,7,:t, e. O_Wa5--ELOAA, _ �•.• 75¢Ew(Dau TV 200 Cs00.-aP -N Ts)—„ —„ = —„ —„ _ - —„ =(� �rw N28'42'29"E 574.24' m(,, �-- T 15 ..« --, I}�O �u m r) i5EE rh m -"r> ry� ro �s�m- n �y _ �w, —'vv 13 — _n o a� v - o 16 ivtisk\ a� 1 1 m r ,r, a -" n N -- 12 "ifix �iii - —. ►�. v x —� ^fid lou, rl M=111.11 O v WATER UTILITY LAYOUT p r 18 pn � a m m r o n .° n a i w 9 rn bbb 2o'v. R. Ranch View Drive 7 03 IiillMfl I 22 R. 1 ar I 5-,23 Km i0za'v. IA' m w r m 4 v rn w.o 7M' tEURBAN ENGINEERING =gt eta - - su.E. ro0c. N0: N6TT7'31Pr-• e et ,•-e -s mwo rwo .OPRNCT)•NNECTION -111 �mlI �Y-uo ® ERVICE TO BE INSTALLEDx TEvnTLST ixs. a'£ Temporary D.E. CDR . N. OPRNCT) c ZyQT 4 OF 22 Z i r/-4of25 EXHIBIT 3 — goaao.o i 1 �a — oar „s s ,,.,_— a �w� w� w iW w s ov P s u�°�emr wo,rz 9 Wed A / ,\ OFFSITE WATER LAYOUT i 8:r 8 1 it)' . ii a 0 1 mom =,= ._ �+ w w uw w —urvL k _ _ 1 — �a1�k .•1 tw? Ayr zw z wr _ wwr_ 1 a«err zwwr -,m —l'— 1 — \ w) a 7cc , 0 URBAN ENGINEERING e g�s u� saE,TomlcaTlory mstirvo anw_ us a [xinirvc w¢w. PRO 1, MID IA IN WATERLINE gA ry mrvr . 5 OF 22 SECTION A—A TYPICAL STREET SECTION @ YORKTOWN BLVD. JOB NO SCALE . 1,0 -0 (LOOKING WEST) EXHIBIT 3 5 of 25,.. . �! o.� ' G Yalktown__Barir _ _i a vardJ - ,_ IS U . (Doc No20,;,....44.0T ) RE°e° 9,11tmin -Y— -1041 45 J N28'42'29" E 574.24' 1 15 + dn< 16 = �I is E. E. d zoe a `o m I< I ., I I .I I 20v.R. 1 N �� a5d 'u II =En = =ME= � u 18 — - I 20 ''I- ` 21 11 xei k.nw� 5EE „.,..e � � 9 m r 'n �' y o ISI r�fA T M SUE 4;� }�____}¢ �N .PH • .---_t N*— _ III EN I 1 I N ti. Ranch View Drive ... TT J .L tr�MIl " � ii=i=aln:Mi f • 1 2 . e . I, 't1 I _ I m m I^ o I 93 v.R. . I a I N L2.,- -�� F • s'u.E. (Doc No. N-69'17`3ryir g441.-004 ,aaoN CT) • �eP Temporary D . (Doc. No. OPRNCT) arva .. . EXHIBIT3 6of25. MATCH LINE SEE SHEET 7 7 of 25 O QED BASED INIEj ill. ,1 1 Mia I ..r ice , - r EP oaE l' '' aE EOPROR.o. E OF PUBLIC EXHIBIT 3 5,11-le u G 7 of 25 5 5 0 15 20 5_ 10 5 0 TCEQ AND CITY STANDARDS AND SPECIFICATION TO BE MET 5_ - 10 - 15 - 20 9 de 1 0+00 1+00 2+00 3+00 4+00 5+00 8+00 7+00 8+00 9+00 LME A PROFILE STA. 0+00 - 10+50 110/11 1.151. DROP WEA PROFLE STA. 0+50 21+50 �ee 11+00 121-00 13+00 141-00 15+00 161-00 17+00 181-00 19+00 20+00 EXHIBIT 3 8 of 25 /MAME MOM gel 5 22+00 23+00 24+00 25+00 28+00 UNE A PROFLE STA. 21+50 — END 27+00 28+00 5 — 5 — 10 — 15 — 20 TCEQAND CITY STANDARDS AND SPECIFICATION TO BE MET 15 MVO 11m ■I.�mmmmmmmlimmmmmm , ° ■I•�m ��I. �������� i��i�� 2s —5 0+00 1+00 2+00 3+00 4+00 5+00 8+00 WE B PROFILE STA. 0+00 — 9+29 Gee 7+00 8+00 ae9+00 EXHIBIT 3 9 of 25 25 20 15 10 5 5 -f- PM. MOM 5 3 3 cc+ 15 10 5 01-00 1+00 LINE C PROFLE 21-00 TCEQ AND CITY STANDARDS AND SPECIFICATION TO BE MET mama mot 1 1- 0 -5 a. 'y `Neen 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 LINE D PROFLE EXHIBIT 3 10 of 25 LNE E. TO BE CONSTRUCTED BY SEPARATE CCNTAAGT. TCEQ AND CITY STANDARDS AND SPECIFICATION TO BE MET 0 • 15 GCS 01-00 1400 21-00 7400 41-00 5400 LINE E PROFILE 61-00 71-00 81-00 91-00 EXHIBIT 3 l lof 25 ri II N28'42'29"E 574.24' 11 w 15U.E. CDac. No. 2005.- - " - w w - - ��. �wi ywi uxi -r t .. 1$ tt wl r,-a� . m a.n 1Ntr 1 1 _ W" ,.,h m � cm m i n 20 zo'v.R� --ffr9� — _ ERota tn >ar �n @ a 54 M ' c F`I xrola[ I .rr.aaeon iu I di. m n i 01 aY,en. ran n-- ,., 18 nen �nm.ad Ld .ra.. 21 mm - 1 > .\:- . 3 i.l .m� rano 710 00 �mx was n .v'• ni ®m - - sown rna m m i _ __ - .m°W.rm-mi- +' faa-- ,•" .#" -- �_ l_ zD'v.R I�Is'e.e. �. -- .er "'"".1�^ ,1 �- � - Ranch View Drive r...v. 2 .an - nro �nm rtm-miea 23 n nR 1 t 1 1 rol`F rn 1 co 1 n 5 E. E,.wr ue r '14 -.7.41: i 1 1 a a. L2 ,. , - 5U. E. a.. gym. a�.�. N6177`31"PV g40 GO' S U.E. (Doc. No. .9PRNCT) 111111111 l' 11 I 11 I Q Nsrys : 1--, in' ,W 0 a:ID. X Temporary D . (Doc. No. oPRNCT) 3 EaEXHIBIT 12of25 5 20 5 WOW M. 5 41. EP SUM -5 0+00 1+00 2+00 3+00 UNE Di PROFLE CITY STANDARDS AND SPECIFICATION TO BE MET 4+00 5+00 6+00 20 15 10 5 0 -5 inn p • 2.:s :25 S 1225 iee - -e deeee 9 • ;;5 • 9 22v § ei d ;5 .oaee "'e -1+00 0+00 1+00 2+00 3+00 4+00 UNE D2 PROFLE EXHIBIT 3 5+00 6+00 7+00 8+00 13of25 15 1.11014110 IMES 10 Y"° 5 '5 91 15 10 5 a000 1+00 UNE D3 PROFLE 15 5• ;55; 0 5 -1+00 a+00 LINE D6 PROFILE 1+00 CCM: Ralle 0_ PRAOSII 14 55 .1eee a e -1+00 0+00 LINE D8 PROFLE 1+00 20 15 10 5 UNE D4 PROFLE 1+00 0+00 1+00 LIE D5 PROFLE C01110 (02•0 5 arel { oT -1+00 5 4102403GCS 0+00 1+00 2+00 3+00 LINE D7 PROFLE (CITY STANDARDS AND SPECIFICATION TO BE MET 5 5 5 -1+00 0+00 LINE D9 PROFILE EXHIBIT 3 1+00 4+00 00 00 UNE D1O PROFLE 14 of 25 LeJ MARL !ma TYPICAL TEMPtlMARY - OIT1,I SECTION ALL 0G1U GJG ARS 51. REM. SING AND fERTLONG PER iAor 1.5 164 G 166 NImIN SS0 MIN. AFT. SIMONE. A CHNNFL IWFR CLASS 1 ro GTd PM APE E SHALL ..11NE01ATELY 1NSTA.0 INN. INo-00 A PONT 1. ENT.0 TOP IF BAN(. fl..S14 00 0 TYPICAL PERMANENT 01E}SECTIOM ALL CISME.SIRFIMES S1NL RECFIA0 SID82 Ifal f2RBM➢NG PER TI00F ITEMS 164 G 166 02 IN SEED RI JMQ . AFTER .0 . A CNA.ME1R RAR x MIA., INBiu m M ILLTCH Ifal ro A PONT 7 CRMO IOP BP BINK EXHIBIT 3 CAPACITY AT TOP OF B. BASED ON ULTIMATE GUI 105 AC C=0.60 n=0.03 5=0.105 TIME OF CONCENIRA➢ON Is=3.61"A" 1"=4.78"A" 227 CP 0 06=227 CFU WATER All 0n 300 CFS WATER A 0,;302 CFS< CAPACITY BEGIN PERMAN DITCH SEC71ON 15 of 25 16 of 25 0 20 JUNCTION PDX 122 3 Jurroord BOX 02 56 S. SLOT !NIETO. 56102 INLET 0,1 10 10 13 52 1 02 5.610-riNL, 06 INLLI 51.,1110N 201 DTI lUNCIION BOX 5/ 2 5110N n P 1362 1 00 5U.E. (Doc. No, ®PRNCT) N6TT7`31 ,p--54OTOO Temporary D (Doc. No. oPRNCT) 4 LOT 151 12 10 10 5 50 60 EXHIBIT 3 17 of 25 MI MI 9Lr FENCE TED 0 Er .DE AND FILLER FENCE DETAIL CRO ND SURFACE oTL'LLre x[no,DFEZL. SEC ON THRU FENCE SILT FENCE DETAILS USE EIPCS TO PLACE TOP Cf CURB Zmr,'"sE��� CM3 ore Loo,D ��Lang FILLER FABRIC 1,00 L FE L Is u SLOT INLET DETArr FINISHED PAVING EXHIBIT 3 LEGENO TOTAL DISTURBED AREA 14.16 AC. YVE .ffia 91/ 1.1.01181 P.1.10.11.4071.1 18 of 25 EXHIBIT 3 LEGENO Pe Itms.-J-11.—z,n rAlLimmnialiBEW mmammr.mwasr--- WM. ME WWI 91/44 WW1. 10 FRLmnT.7.7.-?:= IITm=======2 MU: SIMPLeff M Wt. MAW M .11.91.1.0111.M. EIREEHIMfin in so= Lounals. 1419 MINN cogn sr FOR MMHG SAM PPE AM EMILIE X MOM. WM STAMM STORE WATER ECM FOR ORTM ELL M PAMO AMA 50. RICHT-Of -WAY • TYPICAL 50' RIGHT—OF—WAY STREET SECTION (CITY STANDARDS AND SPECIFICATION TO BE MET 172Er:"ZTTlifiFiAr144CPli 00. PM F'q:-4FOTEErTi.7==' PLAN OF STD SIDFWAU< wnNKnxrts am' MEANS MM. j 01 w • MEM mus(MOM xME Er MAIM NOT xv®i PERMIT) OMERINSE NOM SEAWARD CM GUT. MO MOM OMR NOM Mnow . PmvWO EMAMOMS E •r APO OM SIM x:x MLaw 3. i/O ac. gwuTIM coma. MIS MA 1E Ou�l. AT NE -OT MEMMAMMA ROMMOMIT MALL MISIST Er ME 11011. X 11 • OMER�'MAMAS me urn iti a m n mr'Pxrur'�Pa'MEm SOME S. RV MEM CLIMaI umx.x.rax¢ OM e v OA ME.x. Pm MAME n PROM SErnama s PER OEM1 OMR EMMA EMS murm ES MOM Bock Fill Detail r _ .P r. ck Fill Bet P•• CURB BACKFILL DETAIL nrs TYP. 6" CURB & GUTTER DETAIL EXHIBIT 3 ANiare- daS 3 SEAL TO KIM EV MALMO OR IMMO IMOLOMI son. MOM CAP SEAL DETAIL NFW CONC TO NFW CONC NOT TO SOME ATATOR CAME AT PL 76wax Fil • •••.,//1,---••• waum vv PER n. x.. VIOES A/�aacy/ Pm m. '' .EITETMEST NAT /MOM OMEN MPS 01111.1. IMAM AISIS. SURFACE •&•SIDEWALK SLOPE BEHIND CURB 20 of 25 (S¢" TuRA kng ox erAIL e) SUPPORT PIPE 910 LEVEL TRAFFIC SIGN I TALLATION DETAIL (A) POZ—LOC SIGN SUPPORT INSTALLATION IV MINN. FOR TGR/AARTIMIAL IxrERsECrlgs. Ausm. HAW DEST SHALL SIGN LOCATION V,21- 71= SIGN LOCAT ON SHALL BE IN THE AREAS SHADED IN THE ABOVE DIAGRAM 1r 1' I r, as •ar ror rm ,� rar ENO OF ROP➢ OBJECT MARKER (CM -413) INSTALLATION DETAIL IESMFATIBLOPLF.LBEELLCABCCI CITYSTANDARDS AND SPECIFICATION TO BE MET TRAFFIC SIGN INSTALLATIW OFTPIL (El CONCRETE ADAPTER BASE SION SUPPORT PPE INSTALLATION ASSEMBI Y END ELEVATION SECTION TYPICAL OUTFALL STRUCTURE CITY STANDARDS AND SPECIFICATION TO BE MET EXHIBIT 3 21 of 25 EXCESS EXCAPAIION INTO EXIDTDC TOTAL -EXCAVATION (CBI) �'s�s 000 M'(HI) �s _ 50 01.E wig oEreivo D� oWsn AJAcE[N1 TOO'a,cH rare FAH1oRE-uSE STOCKPILED EXHIBIT 3 22 of 25 RIVER BEND RANCH UNIT 1 12" GRIDMAIN WATERLINE REIMBURSEMENT LOCATION MAP Scale: NONE Dept. of Engineering Services EXHIBIT A Sheet 1 of 3 EXHIBIT 3 23 of 25 GA6 GAS —GAS CAS GAS - 1E 10 oast. ir M111 1rxlr WNW No ir GATE YALE 0 ‘§`• ✓ GASy/�A //,,..II,,• —GAS s�4�,�w1�`� GAS GAS —GAS C S fwl ' GAS Y�) L (W) - 1VPIL-'Y. w) �. nL- w w KTOWN BL w w STALL -RI ASSEMBLY 1r CA1E YALE .00 I \ 1-- 1I \ li ✓ IE1f w w w RIVERBEND UNIT 1 INSTAL 1-411 AS90 LY 1-12' ME Wa1LVE I \Q. \Q. RIVER BEND RANCH UNIT 1 12" GRIDMAIN WATERLINE REIMBURSEMENT WATERLINE PLAN Scale: 1"=100' Dept. of Engineering Services EXHIBIT B Sheet 2 of 3 EXHIBIT 3 24 of 25 EXIST. FORCE MAIN - YORKTOWN BOULEVARD 0 03 0 25' STREET DEDICATION — — 12" WATER GRID MAIN -f 'I 42" WATER TRANS. MAIN—" \-15' U.E. '\ UTILITY PLACEMENT DETAIL RIVER BEND RANCH UNIT 1 12" GRIDMAIN WATERLINE REIMBURSEMENT U1NJ1Y PLACEMENT DET?JL Scale: 1"=40' Dept. of Engineering Services EXHIBIT C Sheet 3 of 3 EXHIBIT 3 25 of 25 Eng: Muff Hudson, P.E. By: M.C.Y. Opinion of Probable Cost for RIVERBEND UNIT ONE GRID MAIN WATERLINE REIMBURSEMENT ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. OFF-SITE WATER IMPROVEMENTS: _ 1 12"x6" Ductile Iron Tee 1 1 EA $700.00 $700.00 2 12" PVC C-900 1,835 1,927 LF $48.50 $93,459.50 3 12" Gate Valve and Box 4 4 EA $2,945.00 $11,780.00 4 Fire Hydrant Assembly Complete In-place 3 3 EA $3,248.00 $9,744.00 5 12" Cap W/2" Blow -Off Valve 1 1 EA $645.00 $645.00 6 Tie to Existing Waterline 1 1 EA $1,445.00 $1,445.00 OFF-SITE WATER SUB -TOTAL: $117,773.50 ENGINEERING, TESTING AND STAKING © 11.50%n: $13,543.95 GRAND TOTAL: $131,317.45 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 EXHIBIT 4 Nov. 16, 2016 Job No. 39595.B5.00 9 ;;004(;,,,,7-64!q94,401,0)111, . p r ^. ! loca.o ¢n nnneenx ...neea.; eAnt�ent+en� �? f.l can,�rm��.ne�A=-�^n., '.i1-0 l 1of1 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Development Services one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. 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. EXHIBIT 5 1 OF 3 MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 PROPERTY INSURANCE Contractor is responsible for insuring all owned, leased and rented personal property. 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. EXHIBIT 5 1 OF 3 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which EXHIBIT 5 2 OF 3 become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Development Services UPA —Private Water Line 2/13/2015 ds Risk Management EXHIBIT 5 3 OF 3 City of Corpus =Christi bimaimaimastswasioas DISCLOSURE OF INTERESTS City orCorpus Christi, Teras Department of Development Services P O Box 9277 Corpus Christi, Texas 78469.9277 (361)826-3240 Located at. 2406 Leopard Street (Corner of Leopard St. and Por? Ave ) City of Corpus Christi Ordinance 17112. as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable. answer with "NA". NAME: Oso Bend Development Company, a Texas Corporation STREET: 101 N. Shoreline Blvd, Suite 600 CITY: Corpus Christi, Texas ZIP: 78401 FIRM is: x❑ Corporation ❑ Partnership ❑ Sole Owner 0 Association ['Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NIA 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 N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant '.,DEVELOP ENTS CS\SHAREDSLAND DEVELOPS.{ STATEN NTI2712-DOC s statement, that I have not knowingly ements will be promptly submitted to Title: Vice -President Date: Lk.—k-1 ORDINANCE AD 1INISTRATIONIAPPLICATION FORMSkFORMS AS PER LEGALl:11.124DISCLOSURE OF INTERESTS 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. 1. "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 1DEVELOPMENTSVCSLSHARED\LAND DEVELOPMENT'ORD!NANCE ADMINIS1RATION APPLICATION FORMS\FORMS AS PER LEOAL1,2012 D15CLOSIJRE OF [NTEREStS STATEMENT] 27 12 DOC Exhibit 6 Page 2 of 2 kr..r.ftr. City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Bax 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Comer of Leopard St and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Patricia H. Wallace, Trustee #2 STREET: 101 N. Shoreline Blvd, Suite 600 CITY: Corpus Christi, Texas ZIP: 78401 FIRM is: ❑ Corporation ❑ Partnership ❑x Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NIA CERTIFICATE 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: Patricia H. Wallace Title: Trustee #2 (Print) Signature of Certifying Person.-"""�"' ` `"� Date: r .nr:v$r nntirrxravrre,revrnu exnnrvrr npsn-aT-npn'xer.rn enMrxrcrverinnnannr rrerrnxrnvmaunRPIc ec pro Irrer ,..rn nicrr ncrmrr>FrruWpnpcTc 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. City of 11P1 Corpus c Christi tir.......l DISCLOSURE OF INTERESTS City or Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Pon Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner CITY: Corpus Christi, Texas ZIP: 78404 FIRM is: ❑ Corporation x❑ Partnership ❑ Sole Owner 0 Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NIA 2. State the names of each 'official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name 'Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NIA 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: Xavier Ga an (Print) Signature of Certifying Person: K.1DEVELOPMENTSVCSLS1IARED@.AND DEVELOP STATEAIENTI 27 12 DOC ENTIORDINANC Title: Project Manager Date: "1—��--1 DMINISTRATI TION FORMS\ORMS AS PER LEGAL420124DISCLOSURE OF INTERESTS Page 1 of 2 Exhi . i 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. Exhibit 6 2005 WALLACE, TRUSTEE ing Address: [include county] horeline, Suite 600 hristi, Nueces County Texas 78401 RICIA H WALLACE, TRUSTEE #2 ling Address: [include county] horeline, Suite 600 Christi, Nueces County Texas 78401 : Ten and no/100 Dollars and other valuable consideration ding any improvements): for a 60.073 acre tract of land, being all of Lots 22, 23 and 24, Section 25, d Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Map Records of Nueces County, Texas; said 60.073 acre tract being more fully e and bounds attached hereto as Exhibit "A" and incorporated herein, to which made for all purposes. rom and Exceptions to Conveyance and Warranty: I) Any and all restrictions, covenants, easements, conditions, rights-of-way, mineral grants and reservations, and mineral leases, if any relating to the Property , but only to the extent they are still in effect and shown of record; �) All zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they relate to the Property and are still in effect; and 3) Standby fees, taxes and assessments by any taxing authority for the year 2004 and all subsequent years. GRANTOR IS CONVEYING AND GRANTEE ISACCEPTING THE PROPERTY "AS IS", I N ITS PRESENT CONDITION. Grantor, for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and PATRICIA H. WALLACE, TRUSTEE #2 e plural. W. WALLACE, TRUSTEE STATE OF TEXAS COUNTY OF NUECES $ $ This instrument was acknowledged b re me on the day of February , 2005 by JOHN W. WALLACE, TRUSTEE. A w w C 1S w• +l w w w w -•s, TERESA WOODRUM ®. NaPubic TEXAS 5 ♦°� Comm Esp. CS t0 ?DOS STATE OF TEXAS COUNTY OF NUECES Y $ $ $ Notary Public, STATE OF TEXAS Printed Name of Notary My Commission Expj _ This instrument was acknowledged before me on the 1st day of February , 2005 by PATRICIA H. WALLACE, TRUSTEE AI2 A A A - w w TERESA WOODRUM Naar' Pubic STATE OF TEAS Yy Comm. Exp. OA - 10 MOS ......a........,.. �IYwary Public, STATE OF TEXAS ' Primed Name of Notary My Commission Expires: __ AFTER RECORDING. RETURN TO: PATRICIA IL WALLCE, TRUSTEE ii2 101 N. Shoreline, Suite 600 Corpus Christi, Pfueces County Texas 78401 EXHIBIT 'A' Property: Yorktown Blvd., Corpus Mind, 1X Aeldnot■e far a 60.073 acre tract of land, being all of Lob 22, 23 and 24, Section 25, Flour Bluff and Endnal Farm and Garden Trade, a map of which Is recorded In Volume A, Pager 41 thru 43,146p Records of Nueoes County, Texas; said 60.073 ace tract being more fully deecrlbed as follows: Beginning at a magnetic naN found on the underline of Yorktown Boulevard, an ehdsting 30 -foot wide roadway, for the oast corny of Lot 21, said Section 25, far the north corner of said Lot 22 and for the north corner of this ttac4 T encs, South 61.17'51' East;, with the centerline of Bald Yorktown Boulevard, same being the northeast boundary of said Lob 22, 23 and 24, a distance of 1982.31 Mat to a magnetic nad set at the Intersection of said centerline of Yorktown Boulevard and the centerline of Starry Road, a 40 foot wide roadway, for the north corner of Lot 7, Section 34, said Row Bluff and Endnal Farm and Garden Tracts, for the asst comer of said Lot 24, Section 25 and for the east corner of this tract; Thence, South 28841'33' West, with the common boundary of said Lot 24, Section 25 and said Lot 7, Section 34, same being the southeast boundary of this tract, at 40.00 Mat pass a 5/8 Inde Iron rod with red plastic cap stamped 'URBAN ENG C.C. Tle set on line, In ail ■ total distance of 1320.00 Mat to a 5/8 Inde Iron rod with red plastic cap stamped "URBAN ENG C.C. TX' set for the common corner of Lots 24 and 25, Section 25 end Lob 7 and 15, Section 34 and for the south corner of Ms trady from which corner a found 5/8 Inde Iron rod with cap stamped "RPLS 3.+158' bears South 28.42'09' East 0.65 Thence, North 61.1751' West, with the common boundary of Lob 24 and 25, of Lob 23 and 26 and of Lob 22 and 27, same being the southwest boundary of this tract, a distance of 1982.54 Mat to a 5/8 inch Iron rod with red platic cap stamped "URBAN ENG C.C. Tr sat for Uu common corner of Lota2l, 22, 27 and 28, said Section 25 and for the west corner of this tract; Thence, North 28.42'09" bat, with the common boundary of said Lob 21 and 22, Section 25, same being the northwest boundary of this text, at 1280.00 Met pass a 5/8 inch Iron rod with red plastic ap stamped "URBAN ENG C.C. TX' set an the existing southwest boundary of Yorktown Boulevard, In all a total distance of 1320.00 feet to the Point of Beginning and containing 60.073 acres of land of which 1.821 acres He within the 40 foot wide right-of-way of Yorktown Boulevard and 0.588 acres lie within the 20 foot wideright-of-way of any Road, for a net amount of 57.644 acres of land. Note: The Company is prohibited from Insuring the area or quantity of the land described herein. Any statement In the above legal description of the area or quantity of land Is not a representation that such area or quantity is affect, but Is made only for informational and/or identification purposes and does not override Item 2 of Schedule i! hereof. A.P.N. 0 STATE OF TEXAS COUNTY OF NIECES 1 herb/ se* drift interweaves FI,EDh Fee tenter Sequence an Ira dee id sten thrlr stoned herds rif me, aid was dtay RECORDED, in Humes Crusty, Tents the Mid PuAit Awards Of COUNTY CLERIC NUECES cotinY, TEM Aver prom Awn etich relicts ere Sale. Read) awe of the doral ed lfk PROPERTY bra= d Rua, (bier. Arklai. Sri. Hoof* Fouler Selma or Mart eil9in. h Ted and enerdemrehk aider FEDERAL LAW. 3J12/89 CERTIFICATE OF RESOLUTIONS OF Oso Bend Development Company, a Texas Corporation Riverbend Subdivision Unit 1 (Grid Main Water Line Extension Construction and Reimbursement Agreement) The undersigned, authorized Vice -President of Oso Bend Development Company, a Texas Corporation (the "Company"), does hereby certify as follows: (1) That I am the duly elected and qualified Vice -President of the Company and the custodian of the Company's records; (2) That set forth below is a true and correct restatement of certain Resolutions adopted by the directors of the Company by appropriate action. WHEREAS, the Company desires to enter into a Grid Main Water Line Extension Construction and Reimbursement Agreement related to Riverbend Subdivision Unit 1 ("Reimbursement Agreement"). NOW, THEREFORE, the Company hereby adopts and consents to the following resolutions: RESOLVED, that the Vice -President of the Company be, and is hereby authorized and directed to do any and all things deemed necessary or advisable and in the best interest of the Company, in such individual's sole discretion, in relation to the Grid Main Water Line Extension Construction and Reimbursement Agreement, and the Vice - President is hereby authorized to execute, and the Company hereby ratifies and confirms any execution and delivery of the Grid Main Water Line 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 Company. (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 Company, 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 Vice -President: John W. Wallace 101 N. Shoreline, Suite 600 Corpus Christi, Texas 78401 State of Texas Count of Nueces W. Wallace, Vice -President This instrument was acknowledged before me on nc, \ L 1, 2017, by John W. Wallace, Vice -President of Oso Bend Development Compan Texas Corporation, on behalf of said corporation. XAVIER GALVAN Notary IDI 125186163 My Commission Expires February 1. 2021 No i'y l4lic in and for the ate Texas L 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: 2017-193760 Date Filed: 04/17/2017 Date Acknowledged: 11 Name of business entity filing form, and the city, state and country of the business entity's place of business. Patricia H. Wallace, Trustee #2 Corpus Christi, TX United States 12 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. Riverbend Subdivision Unit 1 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary L Wallace, Patricia Corpus Christi, TX United States X Urban Engineering Corpus Christi, TX United States X 1 7 1 s Check only if there is NO Interested Party. ■ 16 AFFIDAVIT I, 1 ! I JOLENE E POTTER MY Commission Expires July 24, 2017 I swear, or affirm, der penalty of perjury, that the above disclosure is true and correct. I AFFIX Sworn a_�,r NOTARY STAMP / SEAL ABOVE r to and subscribed before me, by the said GIA t/ I Si ature o authorized age of Muting business entity trete__ u_„ -U__ , this the 1 day of 20 11 , to certify which, witness my hand and seal office..74:lariL, / .i1.Q r a �/`7'��,A G le ni C la r A l o r ref 1: C :Rede Fe4-�C 41" /��'4S Signature of officer dministering oath rimed name of officer administering oath Tide of officer administering oath Fpm s provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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: 2017-193655 Date Filed: 04/17/2017 Date Acknowledged: '1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Oso Bend Development Company f Corpus Christi, TX United States 2 Name oi governments 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 identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. Riverbend Subdivision Unit 1 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary White, Kathleen Corpus Christi, TX United States X Wallace, Patricia Corpus Christi, TX United States X Wallace, John Corpus Christi, TX United States X Wallace, Ben Corpus Christi, TX United States X Urban Engineering Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or t• 0 affirm, under penalty of perjury, that the above disclosure is true and correct. 4-1-41-i JOLENE E POTTER *4 My Commission Expires . / July 24, 2017 +ao„d' (/` --) ignature of authorized agent of contracting business entity I 7� l,?/i'i� //�f L({� %� -Lthis the / l day of AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 / / , to certify which, witness my hand and seal of office. J6//J2 / CC / llGl� hi [1:4 f` S4k 60445 o i_ } Signature of officer a ministering oath Punted name of officer administering oath Title of officer administering oath I Fris nrovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 DEVELOPMENT SERVICES 2406 Leopard First Floor Corpus Christi Texas 78408 Phone 361-826-3340 wµ «.cctexas,cam Administration Fax 361-826-3006 Land Development Fax 361-826-3571 Project Management Fax 361-826-3006 Building Permits Fax 361-826-4375 October 26, 2016 Vicinity Map Aerial Overview 11 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 13, 2017 Second Reading for the City Council Meeting of June 20, 2017 DATE: TO: May 26, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Jeff Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Ordinance for the acquisition of real property rights by eminent domain for the Rodd Field Road Expansion Project CAPTION: An ordinance of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of Right -of -Way Easements, Temporary Construction Easements and fee simple property rights for a street improvement project known as the Rodd Field Road Expansion Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014); (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire easement and fee simple property interests in the properties within the project area depicted on the Project Location Map; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation herein by a single record vote of the City Council. PURPOSE: This Ordinance fulfills the legal requirement that a municipality, through its governing body, must first pass a vote through an ordinance or resolution which declares the public use and public necessity for a project. The passage of the Ordinance by the governing body (City Council) authorizes the City Manager or her designee to negotiate the acquisition of property rights, execute all real estate purchase contracts and instruments. It also allows the City Manager, City Attorney or designee to proceed with eminent domain proceedings if negotiations for parcel acquisitions should reach an impasse. BACKGROUND AND FINDINGS: The intersection of Rodd Field Road and Yorktown Boulevard is a critical part of the overall Bond 2014 Rodd Field Road Expansion Project from Saratoga Boulevard to Yorktown Boulevard. The intersection at Rodd Field Road and Yorktown Boulevard is an unimproved area with insufficient right-of-way necessary for the new multi -lane signalized intersection. The design for this project is complete with new curb and gutter, sidewalks, ADA ramps, cycle tracks, medians, signage and pavement markings. The designed intersection improvements require the acquisition of right-of-way within the area shown on the attached Project Site map. The City's design consultant, LJA Engineering, has provided parcel descriptions for two parcels of land needed. Parcel 1, owned by Del Mar College, is located at the northeast corner of the intersection and contains .0917 acres of land. Parcel 2, owned by Nuss Family Partnership Ltd., et al, is located at the northwest corner and contains 1.297 acres of land. City staff will proceed to acquire appraisals and present formal offers of compensation to the owners of record upon passage of this Ordinance. Staff will negotiate in good faith and make all reasonable efforts to acquire these easement or fee simple property rights through negotiations. On September 1, 2011, Texas Senate Bill 18 (SB18) was enacted and requires all entities with eminent domain authority to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. These new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. This ordinance and the motion to adopt it are in a form required under Senate Bill 18 and other state law requirements. ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution or ordinance at a public meeting by a record vote delegating its authority. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The Ordinance conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The ordinance and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: [ ] Operating [ ] Revenue [ ] Capital [x] Not applicable Fiscal Year 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff requests Council passage of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Ordinance An ordinance of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of Right -of - Way Easements, Temporary Construction Easements and fee simple property rights for a street improvement project known as the Rodd Field Road Expansion Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014); (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire easement and fee simple property interests in the properties within the project area depicted on the Project Location Map; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation herein by a single record vote of the City Council. WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single ordinance for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and WHEREAS, the Right -of -Way Easements, Temporary Construction Easements, and fee simple property rights are necessary to advance the public uses recited herein; and WHEREAS, Texas Government Code Section 2206.053(f) provides that if a project for a public use will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and WHEREAS, based on an engineering study, the location of said roadway intersection and street related improvements optimizes the enhancement and adequacy of municipal streets; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Rodd Field Road Expansion Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014), and it is in the public interest to acquire the Right -of -Way and Temporary Construction Easements along with any fee simple property rights needed as shown on the attached Exhibit A - Project Location Map, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal street system. Section 3. That the City Manager or designee is hereby authorized on behalf of the City to take all steps necessary to acquire the easement and fee simple property interests for the Rodd Field Road Expansion Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014), including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against all interested parties of the property proceedings in eminent domain in accordance with State law to acquire the easement and fee simple interests in the property. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney or designee is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budget that was approved on January 17, 2017, all without requiring additional City Council consideration or approval. Section 5. That this ordinance authorizing condemnation proceedings over the property described and depicted in the Project Location Map shall be approved by single record vote of the City Council. Section 6. That this ordinance shall take effect immediately from and after its passage, and it is so ordained. Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Rodd Field Road Expansion Project Project No. E15112 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Rodd Field Road Expansion Project Project No. E15112 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Rodd Field Road Expansion Project (Saratoga to Yorktown) Bond 2016, Proposition 2 Council Presentation June 13, 2017 Location Map Corpus Chr sti Engineering Sp40 N 4 RODD FIELD ROAD EXPANSION PROJECT %0 +ard Island Q.- �e NAS Corpus \mac Chrsii 44,,,,a_, . ��a oaa c of �m a I C (� yO'�t�w �.,-c. rj 2 Vicinity Map 07) Corpus Chr sti Engineering RODD FIELD ROAD EXPANSION PROJECT Overview Corpus Chrsti Engineering The existing 120 foot wide right-of-way at the south end of Rodd Field has never been improved with asphalt surface. • Design plans call for a 172 foot wide intersection with four south bound lanes and two north bound lanes. Requires acquisition of Parcel 1 (0.0917 acres) owned by Del Mar College and Parcel 2 (1.297 acres) owned by Nuss Family Partnership, et al. • Passage of Ordinance needed to begin acquisition process. Intersection Plan Corpus Chrsti Engineering Questions? 6 12 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 13, 2017 Second Reading for the City Council Meeting of June 20, 2017 DATE: May 31, 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 valerieg©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 Amending State Speed Limit in Certain Zones (Ocean Drive) CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones to update portions of Ocean Drive and increase the speed limit on Ocean Drive, from Sand Dollar Boulevard to Naval Air Station Corpus Christi North Gate; providing for severance; and providing for publication. PURPOSE: This ordinance amendment will establish a speed limit zone of 50 Miles Per Hour (MPH) along Ocean Drive from Sand Dollar Boulevard to the Naval Air Station Corpus Christi (NASCC) North Gate and clarify the text for the existing speed zone limit along Ocean Drive from Airline Road to the Sand Dollar Boulevard. Speed limits allow the motorist to operate a vehicle at a reasonable and safe speed under favorable conditions. BACKGROUND AND FINDINGS: Texas Legislative Code Section 545.352. Prima Facie Speed Limits establishes 30 MPH as the lawful prima facie speed limit for urban districts within Texas. This means 30 MPH is a reasonable and prudent speed to drive under normal conditions. A municipality has the authority to alter a speed above or below the prima facie speed limit based on an engineering and traffic investigation. Officials from NASCC requested Street Operations (Traffic Engineering) to address traffic enforcement issues along Ocean Drive from Sand Dollar Boulevard to the Naval Air Station Corpus Christi (NASCC) North Gate. A staff investigation determined there was no existing ordinance that altered the speed above or below the prima facie speed limit, of 30 MPH, between Sand Dollar Boulevard and the NASCC North Gate. To determine the posted speed limit, a traffic investigation and speed zone study must be performed. In Texas, the guidelines and procedures for a traffic investigation and speed study can be found in the Texas Department of Transportation's (TxDOT's) Procedures for Establishing Speed Zones. Traffic investigations consider factors such as existing roadway features (curves, surface width, constrained shoulder width, etc.), crash history, cross streets, school crossings, and sites that generate traffic. Speed studies determine the 85th percentile speed, which represents the speed most drivers will be traveling at or below, so they are conducted during average weekdays and under favorable weather conditions. The recommended speed limit is generally set to the nearest value ending in 5 or 0. Guidelines in TxDOT's Procedures for Establishing Speed Zones permit a reduction in the final speed limit to less than 10 MPH below the 85th percentile speed based on engineering judgment and factors considered during the traffic investigation. Based on the traffic investigation, there have been a total of three (3) crashes reported along this segment from 2013 to 2016. One crash occurred in 2015 and the remaining two were reported in 2016. The typical street cross-section consists of four (4) travel lanes and lacks shoulders. Narrow shoulders are present along a bridge located east of Sand Dollar Boulevard. This segment is surrounded by water and permits direct beach access off the outside gate entry. There is also a lack of lighting in the area which may create visibility issues at night. The speed study determined the measure 85th percentile speed was 60 MPH. Based on the traffic investigation factors, the City Traffic Engineer recommended reducing the final speed limit 10 MPH below the 85th percentile speed to 50 MPH. The City Traffic Engineer recommended approval of this ordinance amendment to the City Transportation Advisory Commission (CTAC) at their November 28, 2016 meeting. CTAC concurred and approved the recommendation for approval to City Council. Amending this section of the ordinance will require improving the clarity of the existing speed zone limits. This includes revising "entrance of the Texas A&M University -Corpus Christi" to state "Sand Dollar Boulevard". Toward the NASCC North Gate, the 50 MPH speed zone would transition to 30 MPH speed zone ALTERNATIVES: Denial of the proposed amendment to increase the State speed limit above 30 MPH. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations (Traffic Engineering) FINANCIAL IMPACT: ❑ Operatin ❑ 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 amendment. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Presentation Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones to update portions of Ocean Drive and increase the speed limit on Ocean Drive, from Sand Dollar Boulevard to Naval Air Station Corpus Christi North Gate; providing for severance; and providing for publication. WHEREAS, in accordance with the Texas Transportation Code and City Code of Ordinances, the maximum reasonable and prudent speed upon the streets of the city is 30 miles per hour; WHEREAS, upon the basis of an engineering and traffic investigation, City Council can declare a different speed to be the maximum reasonable and prudent speed; WHEREAS, speed studies determine the 85th percentile speed, which represents the speed most drivers will be traveling at or below, but the final speed limit may be reduced up to 10 miles per hour based on engineering judgment and other factors considered during the traffic investigation; WHEREAS, the speed study determined that the 85th percentile speed was 60 miles per hour; WHEREAS, other factors considered during the traffic investigation were (1) three crashes in last two years, (2) lack of shoulders and narrow shoulders along a bridge located east of San Dollar Boulevard, (3) beach access, and (4) lack of lighting; WHEREAS, based on the engineering and traffic investigation, the final speed limit should be reduced 10 miles per hour below the 85th percentile speed to be 50 miles per hour. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. SECTION 2. 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 as follows: "Sec. 53-254. — Schedule V, increase of state speed limit in certain zones. Page 1 of 4 It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the the following streets is less that 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 therof: Ocean Drive: From the south curbline of the eastbound lane of Louisiana Parkway to Airline Road -40 mph—At all times. From Airline Road to Sand Dollar Boulevard -45 mph—At all times. Northbound (in -bound traffic): From Airlinc Road to thc north cntrancc of thc Tcxas A&M Univcrsity Corpus Christi '15 mph At all timcs From Sand Dollar Boulevard to the north gate of Naval Air Station – Corpus Christi (NASCC) — 50 mph— At all times. Southbound (out bound traffic): mph At all timcs Southbound (out bound traffic): From a point 125 fcct cast of Country Club Drivc to a point 1,315 fcct east of Country Club Drive 35 mph At all timcs Southbound (out -bound traffic): Drivc to thc north cntrancc of thc Tcxas A&M Univcrsity Corpus Christi '15 mph At all timcs From Sand Dollar Boulevard to a point 748 feet west of the north gate of Naval Air Station – Corpus Christi (NASCC) —50 mph— At all times. SECTION 3. If for any reason any section, paragraph, subdivision, clause, Page 2 of 4 phrase, word or provision of this ordinace shall be held invalid or unconstitutional by final judgement of a court of cometent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member Page 3 of 4 PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 TEXAS A&M UNIVERSITY „, CORPUS CI-IRISTI , •I/ • FAII;) SOUTHBOUND OCEAN DRIVE TOWARDS N.A.S.C.C. GATE J '4. LOCATION MAP EXISTING POSTED SPEED 45MPH PROPOSED POSTED SPEED 50MPH PROPOSED POSTED SPEED 30MPH OCEAN DRIVE - UPDATE SPEED LIMIT ORDINANCE LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus chr sti Engineering Amending State Speed Limit in Certain Zones (Ocean Drive) City Council Presentation June 13, 2017 Vicinity Map CORPUS CHRISTI BAY SCALE: N.T.S. OCEAN DRIVE UPDATE SPEED LIMIT ORDINANCE LEINEEN PRUNE RP & NAS NORTH GTE TEXAS AAOI CORPUS CHRIST Corpus Chr ski Engineering 2 Location Map - Ocean Drive SPEED LIMIT 45 UNIVERSITY CORPUS CHRISTI , OSO BAY 4.9 SCALE: N.T.S. CORPUS CHRISTI BAY SPEED LIMIT 50 N.A.S,C,C. NORTH GATE CORPUS CHRISTI NAVAL AIR STATION SPEED LIMIT SOUTHBOUND OCEAN DRIVE TOWARDS N.A.S.C.C. GATE, LEGEND EXISTING POSTED SPEED 451.1PH PROPOSED POSTED SPEED 50NPH PROPOSED POSTED SPEED 30MPH Cnrptl5 Chr°ski Engineering Scope Corpus Chr ski Engineering • Prima Facie Speed - Reasonable and Prudent Speed in Normal Conditions ➢ 30 MPH (State Speed Limit) for Urban Districts in Texas ➢ Increasing or Decreasing Requires an Ordinance Amendment • Establishing a 50 MPH Speed Limit along Ocean Drive ➢ Sand Dollar Boulevard to Naval Air Station Corpus Christi North Gate 4 Corpus Chr ski Engineering Questions? 13 AGENDA MEMORANDUM First Reading at the City Council Meeting of June 13, 2017 Second Reading at the City Council Meeting of June 20, 2017 DATE: June 2, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manger FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Approval for the resale of 26 foreclosed properties CAPTION: Ordinance authorizing the resale of 26 properties for $96,850.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,213.35 plus $15,790.35 for partial payment of City paving and demolition liens. PURPOSE: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces, County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of 30 properties at the bid prices listed in Exhibit A. Each of the 30 properties was reviewed by Facilities, Engineering, Planning/Environmental and Strategic Initiative (ESI), Housing and Community Development, and Parks and Recreation for potential City use. Planning/ESI identified four properties (#2, #4, #5 and #23 on Exhibit A) located within the Air Installation Compatible Use Zone (AICUZ) to remove from the list — leaving 26 properties. The sale of these properties for development purposes would not be consistent with the recommendations identified within the Joint Land Use Study for land -use compatibility around our naval airfields. The neighborhoods in which these lots are located already exceed the recommended density for single family development. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The list of resale properties received from the law firm contained 30 properties. Each of the 30 properties was reviewed by Facilities, Engineering, Planning/Environmental and Strategic Initiative (ESI), Housing and Community Development, and Parks and Recreation for potential City use. Planning/ESI identified four properties (#2, #4, #5 and #23 on Exhibit A) located within the Air Installation Compatible Use Zone (AICUZ) to remove from the list. Since Nueces County holds title as Trustee for themselves, the City, Flour Bluff Independent School District, and Del Mar College, the City's next step would be to acquire the interests from each of these entities by making an offer for the property. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: This item is not an emergency and is scheduled for approval in two readings. DEPARTMENTAL CLEARANCES: • City Attorney's Office • Facilities • Engineering • Planning/ESI • Housing and Community Development • Parks and Recreation FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ 24,003.70 - $ 24,003.70 BALANCE - $ 24,003.70 - $ 24,003.70 FUND(S): General Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Exhibit B — Letter from Linebarger Goggan Blair & Sampson, LLP Ordinance EXHIBIT A TAX RESALE PROPERTY LIST Item # Suit Number Property Location Legal Description Amount of Bid City's Portion C'ite's Portion of City Paving and Demo U., 1 1737 03-1971-B 1520 Mestina 3795-0009-0050: Lot 5, Block 9, Jones Addition $ 4,500.00 S 630.06 S 68.86 2 Pulled. See below. 3 1804 10-3474-C 1949 Sandy Way 2127-0008-0400; Lot 40, Block'' H', Don Patricio Subdivision 4,100.00 587.66 508.11 4 Pulled. See below. 5 Pulled. See below. 6 2103 2011DCV-2148-G 140 Watson 8284-0010-0225; The East 1/2 of Lot 22 and the West 6.0 feet of Lot 23, Block 10, Southmoreland Addition 1,250.00 0.59 10.76 7 2110 2012DCV-4402-F 329 Picture Court 2486-0008-0038; Tract E of Lot 3, Block H, Flour Bluff Estates 1,500.00 200.77 84.31 8 2111 201IDCV-2152-H 1416 San Juan 6403-0003-0140 and 6103-0003-0145; Lot 14, Block C, Parker Addition 1,150.00 58.05 438.75 9 2133 2012DCV-2287-G 929 Louis Lynch Drive 2780-0002-0170; Lot 17, Block 2, Subdivision of the Geistman Tract 2,700.00 45.25 719.61 10 2134 2011DCV-0854-H 3810 Sarita 8724-0010-0120; Lot 12, Block 10, Temple Addition 8,000.00 677.25 2,218.32 11 2135 2012DCV-0822-A 2214 Kennedy Avenue 8013-0004-0120; Lot 12-A, Block 4, Shoreline Park 2,500.00 102.00 388.57 12 2136 2013DCV-3283-B 532 19th Street 3775-0000-0030; Lot 3 Jasmin Addition 1,000.00 - - 13 2144 10-3487-G 1725 Hudson 1585-0005-0270; Lot 27, Block 5, Second Revision of Chula Vista Addition No. 1 10,000.00 1,485.58 1,493.02 14 2146 201IDCV-1435-F 1322 Stillman Avenue 3443-0022-0130; Lots 13 and 14, Block 22, Hillcrest Addition 2,500.00 78.04 439.33 15 2147 2013 DCV -5157-B 2413 Sarita 4287-0016-0030; Lot 3, Bt.ock 16, E. A. Leake Addition 5,000.00 734.19 221.82 16 2148 2014DCV-4449-H 3917 Santa Elena 7685-0003-0160; Lot 16, Block 3, S anta Elena Addition 6,000.00 993.04 223.00 17 2153 2011DCV-4165-B 11833 Haven Drive 5804-0001-0050; Lot 5-A, Block I, Nueces Acres, Addition #2 5,250.00 318.34 955.77 18 2154 2012DCV-1840-H 4422 Elvira Drive 4072-0003-0080; Lot 8, Block 3, La Pascua Addition, Unit 2 3,300.00 63.22 899.36 19 2156 2013DCV-0765-B 2908 Mary Street 8409-0009-0530 & 8409-0009-0535; Lots 53 and 54, Block 9, Steele Addition 3,500.00 122.62 421.00 20 2157 2014DCV-3320-F 10317 N. Harrington 3415-0003-0115; 0.392 acre, more or less, out of Lot I1, Block 3, Highway Village Addition, Section 1 5,300.00 262.47 2,154.60 21 2162 2013DCBV-4618-A 1614 Peabody Avenue 3443-0036-0070; Lots 7 and 8, Block 36, Hillcrest Addition 2,500.00 190.26 241.58 22 2163 2014DCV-3326-C 3333 Washington Street 3232-0009-0090; Lot 9, Block 9, Harlem Park 2,000.00 42.56 374.50 23 Pulled. See below. 24 2168 2011DCV-1307-C 1707 Robin Drive 1014-0001-0220; Lot 22, Block 1, Broadmoor Park No. 3 3,000.00 2775 117.16 25 2170 2014DCV-2777-G 3025 Greenwood 2277-0006-0220; Lot 22, Block 6, El Rey Addition 2,800.00 227.18 248.40 26 2177 2012DCV-1309-C 1514 17th Street 0481-1402-0390; Lots 39 and 40, Block 1402, Bay Terrace Addition No. 2 6,500.00 465.73 1,760.97 27 2178 2014 -DCV -2783-B 2130 Stillman Avenue 3443-0030-0160; Lots 16 and 17, Block 30, Hillcrest Addition 2,500.00 89.44 627.12 28 2187 2012DCV-1310-F 505 Osage 5000-0024-0050; Lots 5-A, Block 24, Meadow Park 5,000.00 516.52 937.74 29 2190 012DCV -5378-F 2808 Hulbirt 3443-0003-0050; The West 50 feet of Lots 1, 2, 3, 4, and 5, Block 3, Hillcrest Addition 2,500.00 108.07 185.18 30 2191 2014DCV-2775-F 2001 Van Loan Avenue 3443-0009-0010; Lots I and 2, Block 9, Hillcrest Addition 2,500.00 186.71 52.51 Total of Agenda Item $ 96,850 00 $ 8,213 35 $ 15 790 35 ITEMS PULLED BY THE CITY OF CORPUS CHRISTI: 2 1801-1803 10-0683-H 301, 305 and 309 Skipper Lane 2476-0056-0719, 2476-0056-0720, & 2476-00586-0722 Lots 15, 16, and 17, Block 4, Flour Bluff Heights, unrecorded, out of Lot 8, Section 56, Flour Bluff & Encinal Farm and Garden Tracts 16,000.00 1,211.35 8,909.09 4 2021 04-7181-F 901 McIver St (@ Matlock) 2540-0016-0010; Lots I, 2, 3, 4, and 5, Block 16, Flour Bluff 10,000.00 1,161.33 3,557.05 5 2027 2012DCV-3185-H 1001 Green Bay Drive 2550-0001-0390; Lot 39, Block 1, Flour Bluff Point 2,000.00 167.43 30.39 23 2164 2015DCV-2875-A 446 Skipper Lane 2523-0003-0100; Lot 10, Block 3, Flour Bluff Heights 5,000.00 329.63 2,037.48 Total of Items Pulled $ 33 000.00 $ 2 869 7q $ 14.534 01 Total of Original List $ 129 850 00 $ 11 083 09 $ 30.32436 EXHIBIT B LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 500 N. Shoreline Blvd. Suite 1111 (78401-0357) P. 0. Box 2991 Corpus Christi, TX 78403-2991 (361) 888-6898 (361) 888-4405 - FAX May 11, 2017 Ms. Constance Sanchez Director of Financial Services City of Corpus Christi POB 9277 Corpus Christi, Texas 78469-9277 Re: Consideration of bids received for Tax Resale Properties Dear Ms. Sanchez, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes in the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if there are no bidders willing to offer the minimum opening bid amount, the property is "Struck Off" to the Nueces County taxing entities for the amount due against it. A Sheriff's Tax Deed is filed in the name of Nueces County, as Trustee for all of the taxing entities owed taxes on the property. We continue to try to sell these tax resale properties, and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in accordance with the Texas Property Tax Code. Enclosed please find 30 bid analyses and maps for tax resale properties for which we have received purchase offers. The enclosed offers represent the best and highest received to date. We respectfully request that you place these offers on the City Council's agenda for the Council's consideration and action at their next available regular meeting. If the Council approves all 30 offers as submitted, the City will receive $11,083.09 in delinquent tax revenue, $30,324.36 in payment of demo and paving liens, and restore as much as $553,180.00 in taxable property value to the tax rolls. We have received multiple offers for several of these properties. If the City Council approves these offers, we will schedule a second auction of these properties with the opening bids set at the amounts approved by the taxing entities. This is the procedure we have used for many years to obtain the best results for our clients. The prospective buyers are all aware of this procedure, as it is spelled out in the terms of sale on the form which they fill out and sign to submit their offers. Please let me know as soon as possible when the meeting date is confirmed. In the meantime, if you have any questions regarding this matter, please contact me at your earliest convenience. Sincerely, Elva Vela Galvan Attorney -at -Law Marvin Leary Area Manager Enclosures: 30 Bid analyses and maps for tax resale properties ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 03-1971-B; Nueces County vs Fernando Garcia, Ill 3795-0009-0050; Lot 5, Block 9, Jones Addition 1520 Mestina - Corpus Christi November 1, 2011 37,772.82 4,500.00 1,484.50 19,500.00 11.91% 23.08% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 7,305.39 583.21 City of Corpus Christi 7,892.25 630.06 Corpus Christi Independent School District 18,706.96 1,493.42 Del Mar College 3,005.71 239.95 City Paving & Demo Liens 862.51 68.86 THIS ISA VACANT LOT, 50 FTX 130 FT, LOCATED 2 BLOCKS WEST OF CITY HALL. THE CITY DEMOLISHED A FIRE -GUTTED 2 STORY ROOMING HOUSE ON THIS PROPERTY SEVERAL YEARS AGO. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 1737 15 r-160 II K D z70 Y r I 111 Wll mll ' bi' 11 11 6730--_------ 43751' V LUTHER ICING DRIVE 32L25" LT. 2A 0.644TAC. 310.7V 0 N o+ 0 N 110' 245.69' 11 115.2' LT. 3 M 2.295 AC. 6'1 6L4=7:77 A MEW STREET CLOSED —799 ORO. #12974 ..N 11 I0 5050' 15 A 50�Tp 3� •I eel m 150 ST. CLOSED a4 0R0.#021769 Cpt oi LT.4 =_ dESTM. '110.566 AC. 10'0E l40.41'— •I ST. 7 „ is ST. /ROW VARIES) 3795• ST. JOSEPHINE "-15. ,. •.,., .. , /M 379. 379f2- 111 Sib; s s j1 , 1 ic379 --140 10- £XEM Fr ST. JOSEPHINE "-15. ,. •.,., 10 ,B �.,/i,,, , /M s 379f2- ,r$. P T c s 4 , 1 / $ 1 ♦ , .., 10- :.- 0-' EXEMPT . 7 .. 3795 1 d 49 5.t • 0...7 !i. sn ST. JOSEPHINE "-15. ,. •.,., 10 ,B �.,/i,,, , /M s ,,. -10 ,r$. P T • O ,. 0 w L c is rEXEf.'PTa 3 795 i t N p L 15 1 ♦ , .., 10- 1t 9i9 s 4 s z 12 • O , /a // /f /! N ,a r� :.- 0-' 1 . 7 .. 3795 1 d R c 9i9 s 4 s z / .. 1 4(. •:'• T ,a ,s1I$ f, „ SAM RANK/N j75# p ' ,4b i -80 © f -60, -50 -90 , 79 CI�RA -t3(� L,o i• s 1 _11'9 j-120 9 1 .7 9- 4 3 1 1 �70; 9 M1 —eUk /0 _' - 90 7 46 —r"...• S ,o -100 lC L s -60 46 d -50 40 7 -30 f2 .100 Ra }, /1 2 1-108 1 Ol l >bY CITY OF CORPUS CHRISTI CITYJ`-IALL , r AA U-17 I 1 NUECES COUNTY App 17 3 AISA DISTRICT -„ 7 I. 4 4(. •:'• T `•.• 49 $ Ii Z 4 0 14 9 e IS i X ,K, �70; 9 M1 —eUk /0 _' - 90 7 46 —r"...• S ,o -100 lC L s -60 46 d -50 40 7 -30 f2 .100 Ra }, /1 2 1-108 1 Ol l >bY CITY OF CORPUS CHRISTI CITYJ`-IALL , r AA U-17 I 1 NUECES COUNTY App 17 3 AISA DISTRICT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 10-0683-H; Nueces County vs.Peter J. Clark 2476-0056-0719, 2476-0056-0720 & 2476-0056-0722; Lots 15, 16, and 17, Block 4, Flour Bluff Heights, unrecorded, out of Lot 8, Section 56, Flour Bluff & Encinal Farm and Garden Tracts 301, 305 and 309 Skipper Lane - Corpus Christi April 3, 2012 36,229.95 16,000.00 1,646.50 27,900.00 44.16% 57.35% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,949.92 1,168.69 City of Corpus Christi 3,057.59 1,211.35 Flour Bluff Independent School District 6,520.72 2,583.36 Del Mar College 1,214.12 481.01 City Paving & Demo Liens 22,487.60 8,909.09 A GROUP OF 3 ADJOINING VACANT LOTS , 150 FT. X 125 FT., LOCATED IN FLOUR BLUFF, EAST OF WALDRON RD., BETWEEN SPID & NAS CORPUS THE PROSPECTIVE PURCHASER IS DANIEL ABEBE OF FRIENDSWOOD, TEXAS. 1801-1803 co c) 01 TER A u-2/ G -G 01 0) rr CARL ETA AVE. N w MERZBACHER L. • r 8 1,1 4(4 , • • CD Ch g AVE. rn N Lo 0 , • NI • ' 2/Z -9c -92 t.z 0 ct N CO V E DR. • . • • z• U -2I6 —4 7VNION 3 i3 .1_1[1-713 N 30 t:i VD 13 N.) co ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 10-3474-C; Nueces County vs Diane Brady 2127-0008-0400; Lot 40, Block H, Don Patricio Subdivision 1949 Sandy Way - Corpus Christi April 3, 2012 7,353.08 4,100.00 999.50 12,841.00 55.76% 31.93% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,314.75 554.38 City of Corpus Christi 1,393.68 587.66 Flour Bluff Independent School District 2,847.74 1,200.78 Del Mar College 591.88 249.57 City Paving & Demo Liens 1,205.03 508.11 A VACANT RESIDENTIAL LOT, 49.2 FTX 146 FT, LOCATED IN FLOUR BLUFF OFF OF DON PATRICIO RD., BETWEEN FLOUR BLUFF DR. AND WALDRON RD. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCATER, TEXAS. 1804 ,00 2 n 0 _11 1179 J/)O7J 0 ..n .25 D v a 0 v AT O f C1/5 AV E. I-- 45.5 KN C Tv L.. _ /.3 m IV ?.s -0 r L O W - W f" W rW W W W P W J to ti -i' ,.j: ••. L-+z - 't W -C is c N < T f t m ♦4 CO r o .,.. rP N r5 N. a / 3,N 493 N w N -� N w }' N P N o yl -. 0,v A w7 --... .c.......„„„N U ,fir N }, /7 r: / o v 04 J P to n -t /* r W '' m N -NF WP o N a >`° © '� P v t'--, w rw O *a p J 0to -t. w r 4. N. .a .' t .♦' -' .'> or *t2 TO Y9 _ .74..1 N j4 u w 4, /v W W N L P to J (.3 O ti -i' 't o .[ - r to .t W -t -{t N f c c "5.1 f CO c ,y (n N0 t0 - G` N / 3,N 493 N w N -� N w }' N P N o - _° -. 0,v J ,,* --... .c.......„„„N U ,fir - w N }, /7 r: / o v 04 J P to n -t /* r W - N - i}+ mJ >r m N w o N w w - N N W )., -" -7 N (4 w 1/ -, O W f , W N O W r J W .. c W 0, N ", s r"\/ .,. e ,t - f { Y -4 W c .t V C f " .t o t -. 9. a N - o' i n 494 u N f W y --7 ..^ ,.O V 0, J ,,* 0 ., U ,fir � w - -' }, /7 r: -7. S3 Wt LLO1.,1 E 49.E Y Y W .0 WO ' CO %"' y W W ' W f W V W r 37 *. to f"-",,__, X c/ < Y W { ,�„ 2 r ./' .. 't O 4 <n o N U .. AlPo r v+ f No NJ }= o to J a, J C v v,. 1, .. r o ,C Co v n G .t G N -o- Dov E LANE _ © V 0 - b,r N w n' ✓r -F U ...+ W . ---• W J G 6 f"-",,__, 4. S V/4r 6' Y '' 'r 'F .G N / 2 r ./' y /r -F m ,0 -A v Gt o (n - 1.;. y.. t C .00 N f r W P S O J O " , C ,,r, W N .. r G V tD J T u .0 W N V• AMBER. DQ cUfr V-0 AS CP .-t - C A W - N -'-� W L /A+ r V m4 m A'' , A+ O r+ -Y N w r< .0 c C VB 4 V n Ln O GLA .. ra MU l N 0 04+ Ut J -0 w /' N ; , O ,Y S , J C N w Y - 4.3 C ,0 /' /D J C tir 'F W N .. V S A L4 NE u" J t9 N / N * 4 4 „ - Su N w t0 -F (u N W r J („ e, tP v c - N w / I 6' v f 6' !' .3 o '+t: - 50 N 0' K N U r Y V X W yu �3 ; + O .o m J C t „ L c .0 r K 47.4476' L to 9/ w _ cc H 4, I DGEJOOD DR.. a>.,„ 0 0 / J I N -7:„.„, -)-rt }1 W W to W to t4 w 5 low - C t t L c .0 r K 2 L to to Gr _ cc H 4, ,.'a „N o . ° ry H `-'/ ea t'--, o wALDQoIV FLOUQ B LV FF ENC/AI AL FAQM ' GAR c NJ sac. s5 m H r 0 c Q' r T T N n 0' m r - D P O ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 04-7181-F; Nueces County vs Ronald Lee Grant 2540-0016-0010; Lots 1, 2, 3, 4, and 5, Block 16, Flour Bluff Park 901 McIver St (@Matlock) - Corpus Christi October 7, 2014 26,487.83 10,000.00 1,259.50 39,249.00 37.75% 25.48% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,353.67 1,106.65 City of Corpus Christi 3,519.38 1,161.33 Flour Bluff Independent School District 7,393.50 2,439.72 Del Mar College 1,441.74 475.75 City Paving & Demo Liens 10,779.54 3,557.05 A PARCEL OF 5 ADJOINING VACANT LOTS, 261 FTX 140 FT, AT THE CORNER OF MATLOCK AND MCIVER IN FLOUR BLUFF. ACCESS IS LIMITED BY A DRAINAGE DITCH ALONG MATLOCK, AND MCIVER ST IS NOT COMPLETED TO THIS PROPERTY. IT IS ONLY A DIRT ROAD AS THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS. 2021 0 8 O .4 9 7 9 .4 0 f0 v B .9 ,/ z 4 '5 16 *7 'e t9 Fp /( ai 15 1 Q 0 W O ' Jo '90 . LEXINGTON MI ( . 3 • 1111111111111 /20 2G V /43.10 q .2G b q IIIIIIIIIIIII 27 h° 'UM '3 ` 3 1111111011= • • 20 NMI 21 ME 11131111111 111111111111111111 4 0 ..L. Mhi :; ,It M, }' ` /14.38 W uJ 5 b /1430 / 38 t /20 2G V /43.10 q .2G b q .Z27 27 h° '3 ` 3 • • 3.8 29 4.29 /f 40 4 0 ..L. Mhi :; ,It 3o /6 47 :i 3/ :i r 6 :,. 3/ l r ,.w 13 az 8 • ' 33 4.. ..- 9 ;: � 44. 34 37 r. 0 39 20 .. /0 35 44 // , 'Al {{ 2.2 X`g ii 36 1.2. 23 37 S /3 • 3.9 /4 40 0 � �39 i("ii /10 /S V 43 TO . /G `' \ 4/ 1 44 20 L , 4s /7is 2 / ,', \4Z /a43 4? , e 70 ' 70 2.3 \ .: 4.8�#� /9 .,,, : 44 ; • t 20 A " 45 :'t 2/ 99 •+ 70` J' - 'L 17 18 0 1 423 24 49 yO°i Zj 7'' h Fo ./44.7 ^� /46.03. 0 W uJ 5 b /3. , t N ' 38 t /20 2G V ,$ 2" .. 27 h° /4 ` 28 ` 1 1 29 /f 40 4 0 ..L. Mhi 0iO3,5.' ,It /6 47 :i 3/ 4/ r .32 /7 �.; 42 l /e 13 .- /o • 35 q .. 4.. . /9 � 44. , 37 0 39 20 .. 45 ,I/ 44 20 , 'Al {{ 2.2 X`g ii 47 \ 23 48 S Rt 1,49 " 4 .25 40 0 4 /10 ' //o V U2I7 E' J'TPELT ,e. v /40 / .1 /20 2G V ,$ 2" .. 27 h° 3 2 28 g 29 530 is ,It 6 I :i 3/ 4/ .32 8 ; q 33 9 -: .- /o • 35 4.. . .. 30 * / 37 1.7 39 /4 /6 20 , 'Al , 43 \ � /6 4/ t 2z " 47 /7 92 /8 3d 43 79 '• as /9 1 44 20 L , 4s 2 / ,', 46 zz 4? , e 70 ' 70 2.3 4.8�#� .,,, v 24 ; • t , 49 A "o 25 :'t 40 /fa •+ 70` J' - 'L ,os Ito ,a .1 ,,,.•21 so i ,$ Z 2 /1 39 1: is 40 /4 . 4/ t 1 -: (7 • 42 t /8 43 /9 44 20 : , 43 2/ � 40 2z " 47 z1 48 i 3d 79 a as .so 1 V/40 ' /4x.22 `� J3LV._D 1.4 Qt 5 W w 30 NUECES COUNTY A'PPRAISAL DISTRICT 6796 I6A FLOUR BLU ANO ENCINAL FAQ/1 AND GARDE) TQACTS LOT AO SECTION 47 .rcALL Zo ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2012DCV-3185-H; Nueces County vs Vera D. Buchanan 2550-0001-0390; Lot 39, Block 1, Flour Bluff Point 1001 Green Bay Dr. - Corpus Christi November 4, 2014 27,538.09 2,000.00 1,229.50 31,033.00 7.26% 6.44% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 5,700.21 159.49 City of Corpus Christi 5,984.15 167.43 Flour Bluff Independent School District 12,241.63 342.51 Del Mar College 2,526.10 70.68 City Paving & Demo Liens 1,086.00 30.39 A DECREPIT HOUSE, 672 SQ FT, ON A 50 FTX 100 FT LOT, LOCATED IN FLOUR BLUFF JUST OFF SPID BETWEEN WALDRON RD. AND FLOUR BLUFF DR. THE PROSPECTIVE BUYER HAS STATED HIS INTENTION TO DEMOLISH THE EXISTING HOUSE, WHICH IS IN VERY POOR CONDITION. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS. 2027 U216,F tiTLoct ST 2-040 4 30 I 31, ; 20 • 32. I•if 19 • : 3.5 1 t I f 37 • : JO I, • .10 • • t 0 t 9 8 7 &! o„ .ro 4 2.- A goioo4.4t, FLOUR 5LUF F E NCI NAL FAQ.tl 4 GAQDEN TRs ti EC. 4-7 _7t.,rn IT 14 — MAY20 c•o 2 4444 I o•-••oo-oi 7 - 0. •53 MARINE 40 0 ..t 7I ..so b ":1'''' 9 . - _ /r.• kits - 40 ri 490 0 sa...- o -t .4-0 (...--\ • - Jo 11' 01417. 40 kg Q 1 GS AO .844 4C• -42 0 Acs 40 ; " 1 r It - - 01061 - 743 -1-. UJ 11 ,6 , -.......-- -V. I.I. 0 (y.• N,k /0 ) el d 1 ..5 0 - 19 4551.fr -JO- O 2.1 sn4 nni - cf. - 74 34/ f 4 zii Jo 1 X ;,' 4 .. I 4 25 32, • 6 0 t r—i, so .,. 15:11 30 9 5001 J0 13 14 .53.46 1" h4., .00 17 10 19 S T 40 to 74.34 0 25 2, 74.34 DE -MA 40 8 7 '1 2 50- 4 • 3 50 J0 427 9 2- 40 /0 0 0. -1; 9 40 t• .S•t .5d 40 .50 -117 1,4r ....e, ,. -la- - , -13- P. _.0 - It - - .. IS _ - \ 16 i/----. . _so 11 ,6 , -.......-- -V. I.I. 0 (y.• N,k /0 ) el d 1 ..5 0 - 19 4551.fr -JO- .. 2.o qd - 10 - 2.1 sn4 nni - cf. - 74 34/ f 4 zii Jo Z.. 2;2 .so X ;,' 4 .. i. ts . 4 25 32, 3 2 Vog 43c1. t r—i, so .,. 15:11 30 9 5001 , ••• ro• 1 0 Jac] .. ; 1, !I 4 70.0 SO. "PA D 12 E_ !SLAW) DR PLO viz. LUf F U21713 0 CENTET2, •S0 co /410 N0o2. 2.1 2.0 19 1 /40 i7 1.9 /goat& I 13 12- i 10 Ve 7 .31 131 \_00 focit4P* •34 AC -2702 4- , 3 3. 0 17 5!!..` 894 AC 2476-47-270 4,60 u -2I 7 B, 20 1 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-2148-G; Nueces County vs Minnie Tinkle 8284-0010-0225; The East 1/2 of Lot 22 and the West 6.0 feet of Lot 23, Block 10, Southmoreland Addition 140 Watson - Corpus Christi February 4, 2014 13,926.28 1,250.00 1,236.50 5,424.00 8.98% 23.05% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 557.62 0.54 City of Corpus Christi 611.24 0.59 Corpus Christi Independent School District 1,413.61 1.37 Del Mar College 245.53 0.24 City Paving & Demo Liens 11,098.28 10.76 A VACANT LOT, 31 FTX 140 FT, LOCATED 5 BLOCKS SOUTH OF DEL MAR COLLEGE EAST CAMPUS, OFF OF AYERS ST. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2103 9 g 150 IR 2 t° 3 4 5 6 1 7 8 U-65 C 011 FGE U-60 /I15 WT I Ci -IM PU3 EDWARDS so 12"/I' 11 10 9 8 7 0 6 5 4 3 2 50 I k 0 , c.: 1/3 50 /4 /5 /6 17 18 19 20 21 22 23 k 24' So TARLETON 50 12 11 10 9 8 7 6 5 4 3 2 so I g e.,t1 4 kt1 1-f. 13A /o0 14_ / 16 /7 0 /8 19 20 2/ 22 23 N t's ti 24' 50 4138 50 148 50 BLEVINS 50 P, /2 1/ 10 9 8 7 6 5 4 3 2 So A d' ,_ a 50 14_ / 15 16 17 /8 19 0 21 0 22 23 (2 24 50 RICHARD so / 0: 12 11 00 0 9 8 7 6 5 4 3 \2 so A I.,,,•: CO 11 10 9 8 0 6 5 4 3 2 1 , -13-14- a ,,, so 8284 15 16 /7 /8 19 20 21 22 23 24 so C L EMMER 5o 112 11 10 9 8 10 7 14 15 16 17 18 11° /9 WATSON so , 1 50 2 3 n os z 4 .. . 5 1.: I:Z310 ' 6 8 9 10 11 so v. 12; so ':1 STREET so 4 11 /0 9 8 7 6 5 4 0 3 50 o 12 11 10 9 8 7 6 5 4 3 2 1 , 8284 - 0 t. ,..i 13 14 15 16 17 18 /9 20 21 22 23 t.: *)13 /4 15 /6 17 18 19 20 21 22 23 24 50 so .50 60 STREET 50 o; ".1 "12 11 /0 9 8 7 6 5 4 0 3 50 2 60 k 113 so 14 15 /6 0 17 18 t4 \ 21 22 23 so k 24,. 00 8284 - ,® ,..i 13 14 15 16 17 18 /9 20 21 22 23 Sit '13 so 14 15 \./ 17 18 19 20 21 22 23 so 24 .60 so 50 42 STREET ...)so iN. 12 IV 11 10 9 8 7 6 5 4 3 .so 2 40 to Ds 1 ' 113 so 14 15 /6 0 17 18 19 20 21 22 23 so k 24,. 00 STREET so 1/ 10 9 8 7 0 6 5 4 3 so 6o Z,12 II 10 9 8 7 6 5 4 3 2 1 t4 8284 - et 0 Sit '13 so 14 15 16 17 18 19 20 21 22 23 so 24 .60 STREET so g `$12 1/ 10 9 8 7 0 6 5 4 3 So 2 60 1 .. 13 so 14 /5 16 17 18 19 20 21 22 A -23-24— B 50 A k B? e.,o STREET L42 3 4 5 .07 8 9 10 11 012; /1 12 CO /3 /50 0 +s 15 //5 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due AH Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2012DCV-4402-F, Nueces County vs Jose Atkinson 2486-0008-0038; Tract E of Lot 3, Block H, Flour Bluff Estates 329 Picture Ct. - Corpus Christi August 5, 2014 3,750.71 1,500.00 610.64 7,128.00 39.99% 21.04% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 803.94 190.63 Nueces County Education District City of Corpus Christi 846.69 200.77 Flour Bluff Independent School District 1,744.51 413.65 Del Mar College 355.57 84.31 A VACANT LOT, 50 FT BY 88 FT, LOCATED IN FLOUR BLUFF, EAST OF WALDRON RD., BETWEEN SPID AND NAS CORPUS CHRISTI. THE LOT HAS NO STREET FRONTAGE; PICTURE COURT HAVING NEVER BEEN COMPLETED. THE BUYER OWNS THE ADJACENT LOT ON MIRROR CT. THE PROSPECTIVE PURCHASER IS JOHN & HELEN BEARD OF CORPUS CHRISTI 2110 GATE V,, ‘2. IG FLOUQ I3LU F F ENCINAL FAR2tI GAQDEP TQ. •PEC. 56 100 0, 1 1 15 6/96 U 2/6,T welt I" 100 .T2ELT 56 AL ( 19 a /00 zo /00 710 51 28 0 KU! DE tom, .5505 P ti, t'• r/43O 300 1-E to 3e-'3 3o A ,16 2EPIL.AT /0 5, ( 1/8 So Ptcr 35 5 50 E -254 -255 • F. L EED1-AT•. 243 O 032 T--244 PLAT f IVa 70 3.) 500• yea . 2c. .50 -234Qr /05 F -235 3 e 75 0 228 .,7223• 5117 310 7.5 UE. -190 21 ei(A " - 18 /9 .20 A n 115 41 n 3y D .36 AZ �a4C 35 4e PL3aA7 '1 60 2 T. DEO. r �y3i 0 .yb ` rt LG - 50 %int so -ani. 1 r�0 „y :2`669 SAA o, �e -Z „z5*a 13 �� ,2r' 37 . 1/0 8-70 I� A m -8,84 143 137.00' p_ 9A • 0.755 AC ve o1 12' 6 130126 1 00 72 -74 76 t5 G -75;02 .r to 11 `ty0 12 /So 113 -1.\ sit 9- 01) vo 1 1)t 50 A ANE. 110 40' 1.7 tI 2+-A0 .2 - 6 0 roo 21 Io3 100 100 Dt2,IVE 00 23 0 I is /.5- 7. s e r. 33 Q 70 g 3.2 ,no Gl 31 r 30 $ 0 29 z8 230 3 24.5 — - �..zI 100 E ai9 IL3 113 ,210 15.3 ,VA 5,5 325 5 16. 17. 8 19� /�7 1s ri" U ZI?A U217 A .50 to (1 zr 26 24- 23 4 12 0 • 23 22 21 ,19•,0 18 17 16 15 a raa " r3� 50 -540 5 .ta DQ. /00 2Q h / a5 to 25a :a 410 100 z 40 .603 39 4 38 3 37 6 .3‘ 34- 8 / 33A ✓ n 3.2 29 1a 215 14• 2.7 (5 26 -116 25 17 2.4. 18 2.0 28 4 loo 21 50 zz, PARK 7 14- GV W U-21€ 64"51 HUMBLE TO TOLL GATE E PADRE 2SLAN° CADS EWA' NIIFCF5 COUNTY AFPRA SAI DISTRICT 2 /l0 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-2152-H; Nueces County vs V.L. Houston, II 6403-0003-0140 and 6103-0003-0145; Lot 14, Block C, Parker Addition 1416 San Juan - Corpus Christi November 4, 2014 22,805.37 1,150.00 449.00 5,400.00 5.04% 21.30% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,699.29 52.23 City of Corpus Christi 1,888.48 58.05 Corpus Christi Independent School District 4,121.85 126.70 Del Mar College 822.05 25.27 City Paving & Demo Liens 14,273.70 438.75 THIS ISA VACANT LOT, 50 FTX 135 FT, LOCATED 2 BLOCKS SOUTH OF WEST BROADWAY @ NORTH STAPLES ST., IN "THE CUT". THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2111 Parebv NO R rN-- s Q 90 o� o • VP.4* 4t* -r TANCAHUA 9 STREET i1 Y i ; b ;}�iIltil tI ;mit fit t lit 1 1 1 t t Nwlt.l -35-20 U.S. H W ): NO. 181 NORTH BROADWAY ' r t ;- 1 1 11 1 1 1 I f I I ilfll 1 a % +.� 0 N t Cu 4 (4 O1 a 0 so `a ' o `\ so STREET i1 Y i ; b ;}�iIltil tI ;mit fit t lit 1 1 1 t t Nwlt.l -35-20 U.S. H W ): NO. 181 NORTH BROADWAY ' r t ;- 1 1 11 1 1 1 I f I I ilfll 1 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2012DCV-2287-G; Nueces County vs Page C. Gray, Jr. 2780-0002-0170; Lot 17, Block 2, Subdivision of the Geistman Tract 929 Louis Lynch Dr. - Corpus Christi February 2, 2016 18,549.73 2,700.00 1,778.50 5,548.00 14.56% 48.67% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 802.13 39.85 City of Corpus Christi 910.81 45.25 Corpus Christi Independent School District 1,947.60 96.75 Del Mar College 403.54 20.05 City Paving & Demo Liens 14,485.65 719.61 A VACANT LOT, 50 FTX 135.55 FT, LOCATED JUST OFF THE 11-1-37 SOUTH ACCESS ROAD NEAR UP RIVER ROAD. THE CITY OF CORPUS CHRISTI DEMOLISHED A SUB -STANDARD HOUSE ON THIS PROPERTY SEVERAL YEARS AGO. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2133 oP c c a -7VS'IdaddV AAN1 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-0854-H; Nueces County vs Adan Castellano 8724-0010-0120; Lot 12, Block 10, Temple Addition 3810 Sarita - Corpus Christi March 1, 2016 24,116.20 8,000.00 2,777.50 6,074.00 33.17% 131.71% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,749.90 595.51 City of Corpus Christi 3,127.37 677.25 Corpus Christi Independent School District 6,628.77 1,435.50 Del Mar College 1,366.50 295.92 City Paving & Demo Liens 10,243.66 2,218.32 A VACANT RESIDENTIAL LOT, 52 FTX 93.45 FT, LOCATED 2 BLOCKS EAST OF CROCKETT ELEMENTARY AND MARTIN MIDDLE SCHOOL. THS OFFER IS MADE BY THE NEXT DOOR NEIGHBOR TO THIS PROPERTY. THE PROSPECTIVE PURCHASER IS ROBERT VALDEZ, JR. OF 3810 SARITA, CORPUS CHRISTI. 2134 GREENWOOD DRIvE 449.55 3415 0 11 ffi "15.46 r y 7Vd1 7OOH7S 113M3Oa7 41 11 55 N 55 W a N C Z QO J V 55 t0 55 6151 v N So N O 4 00 r w Co PRE SCOTT 60 .9 .> _.S2 50 b 50 9 5, 00 V '0 50 5e 50 r, tei 40 55 N 55 55 55 50 O 50 w 42 S 5:115 55 tCo ". 35 35 MCARTHUR STREET a N CoI CD1O 52 S V 52 35 r••• . W IV -11. 35_ toR 44 SARITA 40 M N l:0 NAiliiiii ®111 A Q 11 �f 1 f2.1 •x'r 32 6151 v N So N O 4 00 r w Co PRE SCOTT 60 .9 .> _.S2 50 b 50 9 5, 00 V '0 50 5e 50 r, tei 40 55 N 55 55 55 50 O 50 w 42 S 5:115 55 tCo ". 35 35 MCARTHUR STREET a N CoI CD1O 52 S V 52 35 r••• . W IV -11. 35_ toR 44 SARITA 40 M N l:0 52 Y 5.1 O N W 32 55 co p `. 40 N 57 W 52 a to O 62 V 32 R coO G 35 40 REYNOSA ses g0 5.1 5e t0 N 5a m sa V vs O0 a 5. yes B E RTRAM 150 C O t0 N 155 W V - 9.oa 0g 4 h N IAGARA BETEL N n O STREET 40 ; 63 'zi 52 40 illogii -„,... N St W A to 52 55 00 t W v 01 Zi-, A W 03 •- -- o R. -. N W A to 0 V Co t0 t.. 40 5t 52 55 40 BETEL N n O STREET 40 ; 63 'zi -cii 40 illogii -„,... N St W A to jC0Pli O V111 St Sa STREET I i i I 1 l i I ) -sL R— T N 50 _ W 55 O 55 55 to 55 53 W 55 5,11 N 54.93 ▪ 475 a Jo a w V to co A to W 50 5757 N 57+[. CO m ti z to •i 00 m m 8 „ E t -75y k 57 STREET 57 A So W' 550 N N (� 9 b 8 V 8 50 N 50 .C. 57 W it •. 57 N 35 W b a to 0 N 03 b S 50 .:: So N M St STREET 62 8 t 30 8 N N - V N 8 V 8 4,- .50 ii 57 G`I R ' �' 57 � 50 - - v, - a Co ` m O_ N tP O z..,- Se NS 57 STREET 07 PA 55. W N N. V t0 m V m N 5e A 57 Cit =- R.. 57 NW('_�a 50 - - v, - ----0--------- tN o 0) N CO X 10 O 0 50 NR 57 N STREET 57 kN as W N A N Cif 6 b W V Of - N 50 fi 62 Wn -. n s> N 5. CO a to 01 N CO b "O 9� VS SJlt r FR Y 11 y ` 't ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2012DCV-0822-A; Nueces County vs Clyde Coleman, Jr. 8013-0004-0120; Lot 12-A, Block 4, Shoreline Park 2214 Kennedy Ave - Corpus Christi March 1, 2016 17,852.04 2,500.00 1,655.50 4,750.00 14.00% 52.63% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,905.60 90.15 City of Corpus Christi 2,156.13 102.00 Corpus Christi Independent School District 4,619.86 218.54 Del Mar College 956.34 45.24 City Paving & Demo Liens 8,214.11 388.57 A VACANT LOT, 59.38 FTX 100 FT, NEAR THE INTERSECTION OF KENNEDY AND W BROADWAY, IN THE HILLCREST NEIGHBORHOOD. THE PROSPECTIVE PURCHASER IS PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY. 2135 1 :MPT 13-27-150 iY DEMPSE Y AVE. If 2y v Ze 3 2/ 443- 20 /9 N n A. P 2 0f 4.4,C43- AAAC / Ii B 2 l e13f J 5 4 7 0 ,.► s /0 .r 2 t AVE 491 -0a --+O VIEW 6 A RA Y ({ Z/ Z3 22 111111 491 -0a --+O VIEW 6 A RA Y ({ Z/ Z3 22 1„ ra 0 � rr /9 4 , w AP 7 (. /7 K d M rJ /) 0 f {2 i a X14 ♦1' 25 /2 n / Z /1 — 7 4 4 N ./r /2 /2 h /0 / to / 2 J 4 s 32 e 9 o 0 2 -5.100J (�g�} d e c : e 7 R 4 t 4 k t- 7 Es MJ rs Mfr K J 4 9 ft /3 /0 A 04 1S n // ./r /2 /2 h /0 / / A 9 q � 2 J o 7 -5.100J (�g�} d e 3 e 7 h JJ 4 t 4 k t- 7 ./1 0 //S J o•i 2 32— 2EFLAi —A n CEMETERY TRACT 1-Q /f4 gf BROADWAY 4/95 :;3911—u 5.1 7 a. i44tR0 .1,,.r JJ.JoJJJJ.ro KENNEDY .. — o J.1 a' J, JO J. JO P J.JO AVE. ./r /2 A .rr / 1: / // A z q ii J o 7 -5.100J (�g�} R e a e /.0,.0. h JJ d 5- S k 7 INI 7 :` 0 i J o•i 2 32— 2EFLAi —A n CEMETERY TRACT 1-Q /f4 gf BROADWAY 4/95 :;3911—u 5.1 7 a. i44tR0 .1,,.r JJ.JoJJJJ.ro KENNEDY .. — o J.1 a' J, JO J. JO P J.JO AVE. AVE h uJ // ns /z h° /(S / /0 / // 5 z q � d J o 7 -5.100J (�g�} A 151 C 15 1 . 1 £n ,/Yt J512S 4p s t � /.0,.0. ti AVE h a3 2 r.l.s A /(S / n t P, // // A SCJ 2 q 55..17 /0 p yA IDe 0 1 0 w 1 J -5.100J (�g�} A 151 C 15 1 . 1 £n ,/Yt J512S d i'00- r3i , � ti d 5- t ti 7 INI 4 :` J nt .v AVE 4 //3 t r.l.s A I 22.1 B P, // /e A SCJ 1 � I B 0ZT 55..17 EXEMPT p yA IDe 0 1 0 w 1 rrz /2J- 0 -5.100J (�g�} A 151 C 15 1 . 1 £n ,/Yt J512S d i'00- r3i , 3 Si 4 710 i6 ti 4 ti tl C C\1"10 3- /oe'O lrrr J h /00 .; 2 .(J / r. 6 p�J o /r V C/ I 2 3— 2 P, // /a J > 6 55..17 EXEMPT p yA IDe 0 1 0 w 1 T s -5.100J (�g�} A 151 C 15 1 . 1 £n ,/Yt J512S 2 G ./5 , 113 1-: J) 3 $ 7 //1 H 0../0 /2 51.01 1 f0A, 1 4. I P, // f 5-5J7 I 55..17 EXEMPT -5.100J (�g�} 9 1 .4 e d ti k 7 0 d -A 2 9 3 111.5 A /0 ,452:44 0; s240' L A .ao BROADWAY U-96 3262-1-10 200_ R LPtAT p1-1 t_ 7 777 & L A 7 /r. 4 ,Sk -1'3. 13 ST. 5.4.U. 8 6 -R. R. -0-161 5240-0460 MISCEL. NEOUS ACREAGE (GeaerJ .474er/cars 77 -Jo Comp.' WASHINGTON ST. 235 U—I5 NUECES COyNTY APPRAISAL DISTRICT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-3283-B; Nueces County vs Ramon Castro Abrege, 3775-0000-0030; Lot 3 Jasmin Addition 532 19th St. - Corpus Christi March 1, 2016 5,980.17 1,000.00 2,974.50 7,256.00 16.72% 13.78% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 861.88 City of Corpus Christi 986.83 _ Corpus Christi Independent School District 2,104.61 ' Del Mar College 432.95 City Paving & Demo Liens 1,593.90 A SMALL SHOTGUN STYLE HOUSE, 528 SQ FT, ON A NARROW LOT, 25 FTX 128 FT, LOCATED ACROSS 19TH ST. FROM LAMAR ELEMENTARY SCHOOL. THE HOUSE IS IN POOR CONDITION REQUIRING COMPLETE REFURBISHING TO MAKE IT HABITABLE. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI. 2136 4625-I: '-5G j--5 U-18 AG NES LAWNViE w Fa ANNEX '."444 4272-0- 15 LOT 1 ' 4 t� zsa.as� 11� 49.2 STREET 3515- co 1 5 LAWNVIEW 4272-0-20 LOT 2A 4t42 a is q 2. 1- 4 20 - ARY a. ST. JOSEPHS CHURCH TRACT EXEMPT -14-10 4625-10- 100 12_�O TS 2 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 10-3487-G; Nueces County vs Maria C. Benavides 1585-0005-0270; Lot 27, Block 5, Second Revision of Chula Vista Addition No.1 1725 Hudson - Corpus Christi April 5, 2016 50,780.00 10,000.00 1,944.50 127,235.00 19.69% 7.86% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 8,018.97 1,272.09 City of Corpus Christi 9,364.74 1,485.58 Corpus Christi Independent School District 19,911.54 3,158.67 Del Mar College 4,073.12 646.14 City Paving & Demo Liens 9,411.63 1,493.02 A HOUSE, ORIGINALLY BUILT IN 1956, WITH A 2ND STORY ADDITION IN 2007. IT IS A SHELL ONLY, NO INTERIOR FINISH, JUST BARE WALL STUDS. THE LOT IS 50 FTX 121 FT, LOCATED NEAR THE INTERSECTION OF GREENWOOD & HORNE RD., JUST AROUND THE CORNER FROM CHULA VISTA THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI. 2144 0 O y stnai454 -,� u A D n DAD 1 IR I a m f _ A . m a D 33 C° "' � ass v : N u Oi4 w j M i a .I I n i. I by .{I'/ PAL X INSON 9..y x Y N w� S ,O O 00 In -5 ST. N m i m W I+ b m A DRIVE N w Jt SHAW N 1 1 W iI v I: m O V m STR EET 4. '5 t ., aJ55 jN w t $a 44 ♦UI Rm tV 33 C° 553 mr1[6' 5 Ei:' b [:' v ,•"y 6 3 '' as Stu lA 6 nsy 8 pio ,�, tot vY m� a .w N 1 y :0 - GA T 0 - CAST S37V /OW H m m 4 r o '! ap" J I CP.„ A i 1 s... ;4) "N ST. P`1 (3 b ° m BER NANOINO•;'•• S' 4 m m 1V` t TMN m CO O 8' zm O 51 5 L O m SHAW Q PRESCOTT STREET C 1*w pA ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-1435-F; Nueces County vs Gavino Rivera 3443-0022-0130; Lots 13 and 14, Block 22, Hillcrest Addition 1322 Stillman Ave - Corpus Christi May 3, 2016 26,527.68 2,500.00 1,711.50 5,200.00 9.42% 48.08% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,339.81 69.55 City of Corpus Christi 2,625.60 78.04 Corpus Christi Independent School District 5,622.16 167.11 Del Mar College 1,159.47 34.46 City Paving & Demo Liens 14,780.64 439.33 A VACANT LOT, 50 FTX 140 FT, AT THE CORNER OF STILLMAN AND HULBIRT IN THE HILLCREST NEIGHBORHOOD. THE PROSPECTIVE PURCHASER IS PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY. 2146 STI L LMAN s. (110 *LK) a.a KENNEDY 24 34 13 22 2/ 10 /1 •0 /a /4 d ., Kr `/ X 2 s5 3 4 3443— 71 ,f 1 4 s• ,f 7 al a 9 1/ 1/ 15 n,x 11 as 4..044) (1 1,g+o�, t1 11 1, 11 1t It t It b / f• / a 2$ 4 S 38 Q a 9 .141E •1t, /: S z' J 4 /n d` H • w+t .1..y t /sots - 7 �.� { i til ` : I.1t Nie /.1: .1 a _�`1 /201.4:- • (// t ,o I\ ' ...$1,1 AVE NUE I1 2{Z3Y22t 11 11 41 t1 .4'r sf ,1; 11 I .• 4 y-� a1 t /7 *5 K at t1 1"4t/f/1` .7X -! 3 41 . /1 O S. f• / a LC.RES.T. s Q T .141E •1t, /a w / z' J 4 3 G 7 d` „ S ..4/� a 421..,> . . . . 11 ai if a4 0 s al rt H ,t ll Sr 3443 24-10 AVENUE 271. 35 h2 — CROSSLEY SCHOOL TRACT; t. I EXEMPT 1 t (2.3241) ,N 1986-0000-0000 t`' 441 tt 1 1/ 177.74 /• 184 H w lF t1 O3�r/s a i� n al Vit(. •\ /4 4 170 EW!NG iv c TRACT tri' u C 6 2628-f• K iv 2 f• / a LC.RES.T. s Q T .141E •1t, /a w 9 D. So P p•. 1• 7 •z f. LEXINGTON 1Rt /1/ PORT (e.. etc) • a If 3t 13 XS 11 IS t1 It 2+a n al Vit(. •\ /4 4 170 11 it . /7 K at . IS 1f 0 X 4 I{ I.CL LC.RES.T. s c e 9° 12 b .. .2 14 11 11 rf 11 O 11 „ S a t1 ,l 11 I1 11 41 11 11 R 11 If it if TJ a. H, I.CL LC.RES.T. MOORE- MOM r � T. 12 b 34 In 1 36 6 9 /e ei •2 Isl..-Pi" t b A'D p._ . . . . BAY VIEW CEMETERY STREET STREET as SIS 1,S 11.E it.f ,• ` dlig !-' S 9 l0 6557- Z IiIE.,: log w S N { w ; 11 ‘ /1f • MOORE- MOM r � 1 s S as f. 15 /6 • 1• t /9 z 20 w 2/ w 22 r STREET as SIS 1,S 11.E it.f ,• ` dlig !-' S 9 l0 100 4,43 AVENUE A •s,. H•1.733 8 3 1 1f•) 6290 .3.10 'PA R Ki 1 t f- (2f1. lI) 1 C ID r Naa Ictal JP Av..11 I I I 11 14.1.0- i �✓ 3292 `.3 -8-9I' a1 Na /0 r 1• 2 3 ti 7 0t -7-Ib/ • n LEARY ST \\\\\ NUECE S COUNTY APPRAIAL DISTRICT 6557- IiIE.,: log „, 1r.S ♦,1 11 ‘ /1f s.„( ,,,. itf MOORE- MOM r � 100 4,43 AVENUE A •s,. H•1.733 8 3 1 1f•) 6290 .3.10 'PA R Ki 1 t f- (2f1. lI) 1 C ID r Naa Ictal JP Av..11 I I I 11 14.1.0- i �✓ 3292 `.3 -8-9I' a1 Na /0 r 1• 2 3 ti 7 0t -7-Ib/ • n LEARY ST \\\\\ NUECE S COUNTY APPRAIAL DISTRICT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-5157-B; Nueces County vs Pablo R. Garcia 4287-0016-0030; Lot 3, Block 16, E. A. Leake Addition 2413 Sarita - Corpus Christi May 3, 2016 8,828.04 5,000.00 1,520.50 35,281.00 56.64% 14.17% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,613.52 635.96 City of Corpus Christi 1,862.75 734.19 Corpus Christi Independent School District 3,974.62 1,566.56 Del Mar College 814.36 320.97 City Paving & Demo Liens 562.79 221.82 A DECREPIT COTTAGE, 576 SQ FT, ON A 50 FTX 125 FT LOT, LOCATED 2 BLOCKS WEST OF CROSSTOWN EXPRESSWAY BETWEEN MORGAN AND THE HOUSE IS IN VERY POOR CONDITION AND REQUIRES A TOTAL RE-BULD TO MAKE IT HABITABLE. THE PROSPECTIVE PURCHASER IS RAMON G. CASAREZ OF CORPUS CHRISTI. 2147 1. 0 r0 u a 99Z ON AVA41-19 II-/ 3.1V1S ..... ...... 13.4 1. DW//V M9-4 -SO . pt ,,,,,c4„,,” • . to N 4 4 N k .. it,;'• - •• '1,4.. 0 • `. '.'; ‘1'‘ ) 4 , C N. ,, ... l 1, FRAIVC/ • 11 44' N rz i,. u a .. it,;'• a •• '1,4.. ,., k I • `. '.'; ‘1'‘ t D. •41.- ni`r• a C •-.(D --- ‘1‘‘ SEGRE•sr • 44' " 'I I 8 c") • I•• • k i Q 'i:x1 • •• '1,4.. tt))4 I ;‘ "a‘ NI*1‘ t D. •41.- 829 9*5-t0 BV!D. •,"..--f-L ,i f-...',;"-Iva- 4. .u -..., 1 k • I•• • k 4. 4 , „., ,, 1 .'N :sar • ni`r• a C •-.(D --- Ls, -. --i t •it tl, iit k u Y.4.-- k Ik 4 N ts. Z' '41 ,, 1 .'N :sar • : ,z! k''' a I1 • 4 1% . • k u Y.4.-- k Ik 4 N ts. Z' '41 ,, 1 .'N :sar • (J)N sr ''' '4‘ \ -r• ... t N 4 .0. •c.... k .. ,4 NI> N. "I• 0 % 1 I ,' _1* 1,,0. 1- .0 ‘,.. >. I .... - ST /0 4f Nil , /,,i 1 -,5 4: k .. ,4 4 N. "I• 0 co - -.. •,7 f '.. I Of ' sr t • x .... ,.., ,---,.„ a . -,5 4: k N N. "I• N "-•1., /31 ..., 1 Arf sr 0 c ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-4449 H; Nueces County vs Gilberto Ramirez 7685-0003-0160; Lot 16, Block 3, Santa Elena Addition 3917 Santa Elena - Corpus Christi May 3, 2016 17,461.71 6,000.00 1,362.50 34,739.00 34.36% 17.27% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,222.61 855.86 City of Corpus Christi 3,739.11 993.04 Corpus Christi Independent School District 8,042.94 2,136.05 Del Mar College 1,617.38 429.55 City Paving & Demo Liens 839.67 223.00 A RAMSHACKLE WOOD FRAME HOUSE, 792 SQ FT, ON A 40 FTX 103 FT LOT, LOCATED 2 BLOCKS EAST OF THE DEL MAR COLLEGE WEST CAMPUS. THE HOUSE WILL REQUIRE A COMPLETE REFURBISHING THROUGHOUT TO MAKE IT HABITABLE. THE PROSPECTIVE PURCHASER IS RAMON G. CASAREZ OF CORPUS CHRISTI. 2148 5 O b AIRPORT 11111111111111111 wee IRE ROI MUMmonmaimUMWMIMEligNa 0BEE 'M Wenti man MEE GUATE ti 021N ST, N anata V 4 Ell EOM m 01.34 4 41.34 EMU swat ®© EN ME® s ROAD SIM Min 00 1131 IMMO Woon v 4 4 b MIN i z ri1 BALBOA STREET 11111111111111 PUEBLO H fi m o +`a oQm Y „hr ; 4 Iltt a 11131111111111111 HIAWATHA STREET Mar EIV 11111111111 ���tfAG m SHAWNEE 0 N m MENNEE EV 11311111131 IMILAENMEIMICE 111111,22 4 sum sem moo SEP 1111111111111110. 1111111111 44-cr Ni 1 MIL +-i ST, Nilf£9 oAjcwAcs C • NPt VIRGINIA AVE, 7 ir ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-4165-B; Nueces County vs Juanita Castillo 5804-0001-0050; Lot 5-A, Block 1, Nueces Acres Addition #2 11833 Haven Dr. - Corpus Christi July 5, 2016 39,739.70 5,250.00 2,749.50 15,310.00 13.21% 34.29% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 5,267.73 331.46 City of Corpus Christi 5,059.21 318.34 Calallen Independent School District 12,258.16 771.31 Del Mar College 1,964.87 123.63 ,City Paving & Demo Liens 15,189.73 955.77 THIS PROPERTY IS A VACANT RESIDENTIAL LOT, 91 FT BY 101 FT, LOCATED AT THE CORNER OF HAVEN DR. AND VIOLET RD. IN CALALLEN ISD. THE CITY OF CORPUS CHRISTI DEMOLISHED A SUB -STANDARD HOUSE ON THIS LOT SEVERAL YEARS AGO. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2153 YSIYddV ° , 00 00 "0 00 '0 400 00 ........ —7 • ciO4,9." lg:4; o 0 a• +.4 tr 0 , !! 300. P • no, r — t z 13.00 DE WIDGEON RIVE -00000:00 .4,-. :00!0 '0 1'7.“ 00 . I • 4011-1.irth i 1 7 ' ; . 7 t;• .0 10"..0 0••010:01,2:o a ,alo :o co• GS t C" S 0 04'W /038.80 (1) CO 0517340 5 It ; 41, 14, 6 1,1 0' 0 I Ci;,7E.)',llid "11r; j. 001,000, / srmrr, • O'OrE 0/02.07' ,61A = 00000 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2012DCV-1840-H; Nueces County vs Mariselda Hernandez. 4072-0003-0080; Lot 8, Block 3, La Pascua Addition, Unit 2 4422 Elvira Dr. - Corpus Christi July 5, 2016 13,675.87 3,300.00 2,101.50 8,663.00 24.13% 38.09% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 618.05 54.16 City of Corpus Christi 721.37 63.22 West Oso Independent School District 1,759.05 154.16 Del Mar College 314.92 27.60 City Paving & Demo Liens 10,262.48 899.36 THIS PROPERTY ISA VACANT RESIDENTIAL LOT, 50 FTX 105 FT, LOCATED IN THE MOLINA NEIGHBORHOOD IN WEST OSO ISD. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2154 141 1. , : . 0 a ELVIRA Jo .10 .. .' a - o` 4 JO 4 it • `+ 11, iN i . u o y o : k k w 4 a ,4 ., as '0 4 V C c 4 V w h w V > V O - Y t:• fi h n 4 hV e v w 4 f 1• Y t p ' s ' v w 4 0 4 k a o V 4 .. ,• JO JO V n tt 7. 4 M t. y 4 O• ..Y,' .4. y 4 •' + O V 4 JOSE JJ JO .. .' a - o` 4 JO 4 it • `+ 11, iN i . u o y o : k k w 4 a p ti 4 y V a V 4 '. Y 4 1. 4 .y y, v 4 4 O k k k a 4 w 4 0 ..Y 4 V n tt 7. 4 M t. y 4 O• ..Y,' .4. y 4 •' + O V 4 RAMONA * , y .. .' a - o` 4 JO 4 it • `+ 11, iN i . u o y o : k k w 4 a aV a y n h f. w a v a' . V w O 4 y k Y O Y a 4 `a VALDEZ JO h a JO JO JO JO 4 0D V .. 4 4 JO JO IO C 4 } u a. .4. t }. e YOLANDA ' w * JO .,,• JO 4 0D V .. 4 4 JO T JO y M i IO r :[1 rn r To !. 4 0 `o h DR. 4 4 4. a 4 4M N .r DR. O .i v 4 y as yw ti 0 4 0 D R. 4 0 O a am .4 +X H O * o at 00 0 0 r tea a r 9�1 f Fk a 0 DR 4. 4 hM O ti h0 DR. 4 JO .f0 0 0 NO1 1fl Ia Tins- 0 0 Z w., m O X .0. M O 1 Say, lsto 7001 -IDS Soso 1S3M y5 ,142.,0 SCALE :I• 100• d ply t•• •lt • 0 10.10 0, N .•••••••••••••\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\c•.\\\\\\\\\\\\\\\\\\\\\\\\\N\\\\\\\.\\\ 0 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-0765-B; Nueces County vs Veronica Munguia 8409-0009-0530 & 8409-0009-0535; Lots 53 and 54, Block 9, Steele Addition 2908 Mary St. - Corpus Christi July 5, 2016 19,198.30 3,500.00 2,535.50 8,750.00 18.23% 40.00% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,119.10 106.46 City of Corpus Christi 2,440.67 122.62 Corpus Christi Independent School District 5,191.76 260.83 Del Mar College 1,066.80 53.59 City Paving & Demo Liens 8,379.97 421.00 A VACANT RESIDENTIAL LOT, 50 FTX 135 FT, LOCATED 3 BLOCKS SOUTHWEST OF THE INTERSECTION OF PORT AVE. AND AGNES ST. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS. 2156 z m co Q a .0181510 VIS If ,k e k(: =l; aia av iC If a a a ala 9a ti EL ESA ., Ik .t 8 k,,, ~ a t. t4 tta aea f rrr4Ykrdt�sk ( y a: a :Ir I) R ti, M : » o Mkt T� S} H$ O C" n" "" 4 " .I C o a a a a"s r e a. a 4•"» . v C/SCA DOLORES tt gk at h C" ~ a IV �. M. w r y a: a :Ir I) R ti, M : » kis r k y k $ . P .. t. {: , , " 4 " „ a aia `•1�i 3 a r • > , a C ri � r _ a a . v s /- a k " DOLORES tt gk at h C" a t �. M. w r y a: a :Ir I) R ti, M : » kis r k y k It 441. N. ',»4.h ..o�< a'a 4�,a:sc«c.Gacs:r 4.gt „1. o OS 0 W 41 f It *o y °s ar 'z -,x cy i:.n k �".f0 �k I1� J' 1 I� 4-1 PORr ti "Ir i Yjn{ » If 9 Sr. .t,r 11 AVE. Uz r ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-3320-F; Nueces County vs Samuel Mora 3415-0003-0115; 0.392 acre, more or less, out of Lot 11, Block 3, Highway Village Addition, Section 1 10317 N. Harrington - Corpus Christi July 5, 2016 19,886.07 5,300.00 1,991.50 11,760.00 26.65% 45.07% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,590.64 264.64 City of Corpus Christi 1,577.62 262.47 Tuloso Midway Independent School District 3,075.49 511.68 Del Mar College 691.91 115.11 City Paving & Demo Liens 12,950.41 2,154.60 THIS PROPERTY ISA VACANT RESIDENTIAL LOT, 100 FT BY 200 FT, LOCATED 2 BLOCKS EAST OF THE INTERSECTION OF LEOPARD ST & MCKENZIE RD. IN TULOSO-MIDWAY ISD. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2157 o,/B1-V9 12 OBBY 017 027 207 0 e\-) Cg C) .lits, ;53 I 44 ...s• csl F.- c<s -,.. 1\ . . 03 (34 •P• r, _•••••1'. 027 •••1 • .4-• v 0 7 437 0&nI Jo • -4 SO aj.rr, / 1.070 1.. OP ad In - -• So 1 9 .... /I. .99 '• * 1 :,0 ” e Id •-•:, + So : US • • , 0, Cde •97,71 "." t.Z13-J1 > l• /° - • 4.7.4. "1'19,4 r• 74. c) '1- , tsar 0 330 93.0 10 AO / 50 41,..• 49 d • do r -A ; 303.3 C. I 7-...) .4'9 V .11/:••• f I" .h -. •-• . . . . - - 43/ 0') ,.._•19 . ...,1 /Tray _Grr d •49•91 - • r•P 7239 COON T/4' so • 10 ARTHUR ' 4.. 4..,'. - - 43) P • _ rr7/140 • - 2 251477' rs" ® . _a 1'2 C") ; •*: • ;113 SS*.er Z "id 4-) Z st ; 4=4 < 14 er; /43494• 11ISIVHdrit „0 03 T• 03031 /Th N qt, 4. 1934, 03 .14 3A.,12:16 S'3'12JVH 43 • 29'79 73 33 E 1. :0. : 403 /17 /Papa 41' ..v.0 cn 7777f ,03 eV 39, 543 is• ;30 49...ddaddr. en 290.797 S.7 722' rorg39 211 9.73 •••• I t di Y.- 11- - -1 -r7 t tese -1 • I• 0 -4 t; CP • 7/3 Z•sv_./S• •!•2•72. 3A 12:fc N10.1.01v12.17.1V S, V 3 7,, ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-4618-A; Nueces County vs Kevin D. Williams 3443-0036-0070; Lots 7 and 8, Block 36, Hillcrest Addition 1614 Peabody Ave - Corpus Christi August 2, 2016 5,595.27 2,500.00 1,397.50 5,200.00 44.68% 48.08% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 848.24 167.14 City of Corpus Christi 965.56 190.26 Corpus Christi Independent School District 2,145.36 422.72 Del Mar College 410.09 80.80 City Paving & Demo Liens 1,226.02 241.58 A VACANT LOT, 50 FTX 140 FT, NEAR THE OLD CROSSLEY ELEMENTARY SCHOOL, IN THE H1LLCREST NEIGHBORHOOD. THE PROSPECTIVE PURCHASER IS PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY 2162 55 22 11 22 . 1, is /. . .1.7 . . Af . ... a . 1 „ 3 1 3443- „ „ 5 ” e 4 .7 7 a Rs $1 t IC /1 t< ii 11 t it rl IIIiiIH (34 Uj AVENUE ti .• . 2423 . is fl , . 22 . . is n , . . •Or is I Ai 6 7 t1 tf :1 „ 17 It . 8 If . 15 1'30 II If . . ;.: /1 /I /2 N r• 11 N. ,..o... r ty 1511 45 I. tf g 15 ... . , 4 a, I/ 3443'2410 AVENUE 179.15 (9, CROSSLEY SCHOOL TRACT: r I EXEMPT (2.524c) 1986-0000-0000 17370 /.0 II , o „ . ..4'.1 5 , R ' : ,IlliH C • ... la 9 6 , D. D, , A .7.: 0 .k. ' -'• ' li ..-.. t ‘11, 2,7.71 8 4.11 ‘.14. EW 11,IG T R ACT tInl`" XINGTON I sr. • I C 0 6290-3-10 PARK1 515. 0 (34 (34 1- (r) Is rf ;..i , 24 11 .. . .S • 21 . If •S ' ' 21 21 . . at If • 0 ,i, al 1 0 478 ft I. ZS IS If • • \ /7 0 )1 ZS • /.7 11 I/ 17 /174 t% t. 11 If lir J.1 t$ M. l l If .;.,, /2 .11 1 I!!I 1111 /I 1- 114 (34 1Q (1) 4.1 cr 1/97 SC4,11 GI: i00. BAY VIEW CEMETERY STREET 1.1 A., A • 1...' .... tt. i'. . • 4 4 . ...:::: NJ' 3 . . 2 . St ..';'.. / 0 • /2 7 1, Ir., I r /3 I a /4 /3 I .5. • 9 .3 7. : /2 • ... . /9 7 : 7. ' , 20 . - • 2/ 7. .. 22 .. • STREET Eli IL MOORE- /OP C. C.:31 1, .gt. it srs 1- - -8-91 AVENUE A 3292- 115 /0 4' 3 8 '7 (44 (44 cC 1- (i) 2 5 U-22 NUECE S COUNTY APPRAIAL DISTRICT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-3326-C; Nueces County vs Willie J. Adams 3232-0009-0090; Lot 9, Block 9, Harlem Park 3333 Washington St. - Corpus Christi August 2, 2016 14,021.92 2,000.00 1,430.50 5,266.00 14.26% 37.98% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 939.60 38.16 City of Corpus Christi 1,047.81 42.56 Corpus Christi Independent School District 2,387.55 96.97 Del Mar College 426.29 17.31 City Paving & Demo Liens 9,220.67 374.50 A VACANT RESIDENTIAL LOT, 43.64 FTX 94.55 FT. LOCATED 4 BLOCKS SOUTH OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2163 UIIO t c. /0/89 55.4< 31 30 11 11 1,{ YJ •az 1f f? /6 i `s7 N M N /6 m /0 6 J J t 2 4 z 0 1- u 5 /0 /1 /2 14 31. 54.4 8 .. 7 6 S 4 14 J `n /6 ax. 4G 34.14 /G /8 /J 17 /F Y0 /3 21 I1 11 1/ 1 /0 8 .17 Jd .5 4 Jo J J/ lJ.4c 44`24 ELGIN 1- 14.44 77 /8 !7 20 21 11 YJ 3 1f Y5 2132 Y6 Y1 30 J/ 4J 4c ST. 4a.x4 /4 IS 14 /J 1.1 If /0 5 6 7 326 S 4 J 1 „.4' WASHINGTON ST. 90, 1J b y 14.15 } d b l a 44.r .0 c 50„ [-KC,5..p r J Hf -40 4RC#1 12139-105 v 14 54.3 i 10.5 4 41 J4.ii< 8 14 J • 14.s 774,7 . 10.5 1at39 7 1-11- , 1 14 .40.5 1 14.5 CARVER ST. 70.5 4 Il 1d 50 10.3 4 16 0 14. • 01.5 4.1 94.5 u 11 r (0 14. 17 8 7 12 11 11 25 16 2713 1d 1) v 20 48 l� 31 54..1" 8 2 0 t 1 14.5 14.5 /51.0 4."^- 1 AWJ ON • PARK /51.0 ELGIN ST. 04.14 ..114 15 /4 /1 15 11 eft 10 ZoO ., 21 12 .l4 1S 42.44 tG 44.5 ,14 44 15 44 Ic Il 70 1) 13� 10 -a� 11 12 1J 14 14 44 .05 44.3 1GY G )G" 8li G7 G7 11 // /0 1 3232 5 ^1- 7 6 S F J 2 4144 ;1st 40.5 u 44 u 14 10 a d 4 ,; 41' 7 c 5 4 3 44 2 44 Iq 44.3 U-828 U81 U79 NUECES COUNTY App <AISAL43 O(STRIC� ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2015DCV-2875-A; Nueces County vs Paul Rowland 2523-0003-0100; Lot 10, Block 3, Flour Bluff Heights 446 Skipper Ln. - Corpus Christi August 2, 2016 19,226.55 5,000.00 1,513.50 12,375.00 26.01% 40.40% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,693.43 307.08 City of Corpus Christi 1,817.77 329.63 Flour Bluff Independent School District 3,727.67 675.97 Del Mar College 751.88 136.34 City Paving & Demo Liens 11,235.80 2,037.48 A VACANT LOT, 55 FTX 125 FT, LOCATED IN FLOUR BLUFF OFF OF NAS DRIVE BETWEEN THE NAVAL AIR STATION AND SPID. THE PROSPECTIVE PURCHASER IS DANIEL ABEBE OF FRIENDSWOOD, TEXAS 2164 G 11s/FJH3 snd iioo 10 .(1I:3 0) m p v, 0 0-216-G Z/1-95'-91 bZ to 1R h.l. 7 COVE DR. ]41 `Y 65 k I N I Y� b—v-•k I Ito YN N r N 'N A A A V 9 y -4', m Obi U2/6 0 -1 1- 0 fel -9g-910Z 7VNION 3 Di N3QhlV9 $ CO LJ N so.is' 1 O O ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-1307-C; Nueces County vs Yolanda Roescher 1014-0001-0220; Lot 22, Block 1, Broadmoor Park No. 3 1707 Robin Dr. - Corpus Christi September 6, 2016 34,309.96 3,000.00 2,758.50 7,495.00 8.74% 40.03% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,488.80 24.56 City of Corpus Christi 3,942.82 27.75 Corpus Christi Independent School District 8,488.65 59.75 Del Mar College 1,745.45 12.29 City Paving & Demo Liens 16,644.24 117.16 A VACANT RESIDENTIAL LOT, 55 FTX 109 FT, LOCATED ABOUT 2 BLOCKS SOUTHEAST OF CROSSTOWN EXPRESSWAY @ PORT AVE. THE CITY OF CORPUS CHRISTI DEMOLISHED A SUB -STANDARD HOUSE ON THIS PROPERTY A FEW YEARS AGO. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2168 J82C U 82D HIGHWA Y NO 286 z 0 1- J Q 1- 1 7 s 4 3 2% U 65 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-2777-G; Nueces County vs Irma Mancha 2277-0006-0220; Lot 22, Block 6, El Rey Addition 3025 Greenwood - Corpus Christi October 4, 2016 7,482.55 2,800.00 1,513.50 6,745.00 37.42% 41.51% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,182.73 203.35 City of Corpus Christi 1,321.33 227.18 Corpus Christi Independent School District 2,983.87 513.03 Del Mar College 549.90 94.55 City Paving & Demo Liens 1,444.72 248.40 A VACANT RESIDENTIAL LOT, 40 FTX 134 FT, LOCATED ABOUT 3 BLOCKS NORTHEAST OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS NEXTLOTS NOW, LLC OF LANCASTER, TEXAS 2170 ST ST 4 44/4 5 4144 1164.444.1.:. 111 111 6 444.0f V /4 2 17 27 13 • 29.Z0 18 31 12 24 ow 2 .7( 1! >..... ...v.s. ' 20 3 /0- 4.1 21 1 ... 8 .1* 744 12 _At 8023 ' 14 . 5 • 7 24. 18 6 Lj 25 A .5 4-1 26 5 4 . 7 27 9 /0 11 r.o..n /3 3 23 2 2 . 4g V a. / -. 30 4 . ..-co 6 1141.1 22 2! 20 19 44.4 /8 44.4 '7" /1 12 13 14 15 41.4 `) E' ST. 22 2/ 20 19 4,4 44, 17, 11 12 13 14 15 16 (r 'ay 4,4 ST ST.: 14 /'l k 224 ZOO ST 414 2212°1 81 111 111 ST.: 14 /'l k 224 ZOO ST S ST 41 * • • 39 41 41 6 5 4 3. 2 1 . 27 28 29.Z0 • 27 31 Z 24 44 23 A 2 .7( 6 .. Ili 42 .44 S ST lJJ 41.4 /6 L5 17 14 /8 /3 19 /2 22 9 24 7 25 6 C.c26 5 .q27 4 (-)28 3 22 30 1 1.4 sr., • 11.4. 1 25 24 C\1 23 11.4 1. 4 2 22 Ct2/ .3 4 5 6 Lu20 7 ,Is(:::).eare8eror cc/8 Q17 /6 /5 14 9 10 /1 12 13 3 , 54. a 15 Z: 14 13 12 17 18 ; 9 11 20 10, 21 9 22 23 24 • 6c3 25 26 27 2B 29 * r, .30 94 4'42 Z 41 * • 40 39 45 44 6 5 4 3 2 1 '',.• 30 i 29 --,- ...4 • 27 26 Z 24 44 23 A 2 .7( 6 .. Ili 41 44 lJJ 41.4 /6 L5 17 14 /8 /3 19 /2 22 9 24 7 25 6 C.c26 5 .q27 4 (-)28 3 22 30 1 1.4 sr., • 11.4. 1 25 24 C\1 23 11.4 1. 4 2 22 Ct2/ .3 4 5 6 Lu20 7 ,Is(:::).eare8eror cc/8 Q17 /6 /5 14 9 10 /1 12 13 3 , 54. a 15 Z: 14 13 12 17 18 ; 9 11 20 10, 21 9 22 23 24 • 6c3 25 26 27 2B 29 * r, .30 94 4'42 Z 41 * • 40 39 .38 37 36 35 34 in 3.3 • i , 32 6 ,,....., 11 3[1 30 i 29 --,- ...4 • 27 26 25 24 44 23 A 2 .7( 6 .. Ili 1 Alt 2 A 3 45 . 6 7 8 9 10 12 _At , 13 . ' 14 . 5 • 17 . 17 18 19 20 21 11.441 MONTGOMERYST. at ..) 42 Ir, 4.A 41 . . , 39 / . 38. - 37 2- .36 35. 34 in 3.3 • i , 32 (Th- 11 3t • --- 29 28 , 27 26 .25 24 0 23. 04 22.. k . k., 44.2 2 44 40 4 15 • . 6 7 8 9 10 . ' 12 1.3 14/5 .29 16 17 18 /9 1/ 20 0 21; 444 WAINWRIGHT ST 441 44 ats 39 . c8 4 6 45 34 3.133PA 32 r -r\ ,._.../ / 31 V/94 29 28 27 26 25 114 24 4 .4 42 4! 40 39 .38 37 36 35 . 3 4 33 32 3! 30 .29 28 27 26 25 24 23 22,, A 2 3 4 5 6 7 8 9 /0 11 12 /3 14 15 16 17 /8 19 20 a. - -. .. 4 . 5 6 7 8 . 1 1 1 1 L.- 10 1/ 12 13 /4 15 16 /7 /8 414 41.1 44.2 04 41.4 41.4 . .- .....-i rf3° . . _ 41.4 444 44.2 1 2 3 "I' ..* 1 5 6 7 8 9 /0 11 2 1 14 15 16 17 18 19 20 21;rk) 11.7 It c.) • • 01:: 14 1.4.1 TAR LTOk 01 .42 04 4/40 ats 39 . c8 4 6 45 34 3.133PA 32 r -r\ ,._.../ / 31 V/94 29 28 27 26 25 114 24 04 23 .02 22.; 4 40 39 . . 35 7 1306 33 32- ® .30 29 1 . 27 26 25 24 23 22n t 23 22,) • ..`-`1 2 3 4 5 6 7 8 9 /0 11 12 /3 14 15 16 17 /8 19 20 21; - -. .. 4 . 5 6 7 8 . 1 1 1 1 L.- 10 1/ 12 13 /4 15 16 /7 /8 414 41.1 44.2 GUADALUPE ST. 444 04 A 39 38 37 36 35 34 33 32 r -r\ ,._.../ / 31 1, 14. . i. 29 1 4,P.-" . 01 A 444 .42 X 4 40 39 39 .37 35 7 .44 33 32- 3/ .30 29 1 29 i 27 26 25 24 23 22n t 23 22,) z (I) ..- ---. --.- .-- 2. 1 2 3 4 5 6 7 8 9j/0. 11 11211.3 i i.i t ,.., I,„ , ,. i _ / 2 3 4 . 5 6 7 8 . 1 1 1 1 L.- NO GALES ST 441 ,..0.4 ... OA 39 38 37 36 35 34 33 32 r -r\ ,._.../ / 31 1, 14. . i. 29 1 4,P.-" 26 25 414 0.4 OA ' 42 41.4039 3 474 39 38 37, 36 35 34 33 3. 2 . 31 3p. 29 28 27 26 25 24 23 22,) z (I) / 1 / / ./ 1 / / / / 2 3 4 . 5 6 7 8 9 10 1/ 12 13 /4 15 16 /7 /8 19 20 2/ 04 41.4 41.4 .....-i rf3° . . _ 41.4 444 44.2 SO LEDAD ST 01 0.4 414 39 38 37 36 35 34 33 32 r -r\ ,._.../ / 31 30 29 1 4,P.-" 26 25 444 424 01 42 4140 3 474 39 38 37 36 35 34 33 32-3/ 13 30 29 28 2726 /8 25 24 23 22 z (I) 410,14 f 1 1 6 ' .....-i .. 1 2 3 4 5 6 7 8 9 /0 /1 12 11 14 15 /6 17 18 /9 20 2IX c.) 01:: 04 0.4 0.4 • 0.4 414 0.1 PRESA ST 411 2 k 474 41 12.4 40 39 38 37 36 35 34 33 32 r -r\ ,._.../ / 31 30 29 29' 27 26 25 04 .24 414 23 411.4 22 n 1 2 114 3 474 4 5 6 7 8 9 /0 12 13 14 15 17 /8 19 114 20 474 21'1 44.7 BOL IVAP Astimenzecons U8213 NUE C z 5 5 COUNTY APPRAISAL 01.5TR1 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2012DCV-1309-C; Nueces County vs Jacob Gonzalez 0481-1402-0390; Lots 39 and 40, Block 1402, Bay Terrace Additon No. 2 1514 17th St. - Corpus Christi November 1, 2016 11,637.57 6,500.00 2,663.50 7,813.00 55.85% 83.19% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,239.04 408.47 City of Corpus Christi 1,412.73 465.73 Corpus Christi Independent School District 3,019.02 995.27 Del Mar College 625.08 206.07 City Paving & Demo Liens 5,341.70 1,760.97 THIS IS A VACANT RESIDENTIAL LOT, 50 FTX 125 FT, LOCATED 2 BLOCKS SOUTHWEST OF WYNNE SEALE JUNIOR HIGH. THE OFFER IS MADE BY AN ADJACENT PROPERTY OWNER. THE PROSPECTIVE PURCHASER IS LEO AND YOLANDA MONTEMAYOR OF CORPUS CHRISTI, TEXAS 2177 NUECES COUNTY APPRAISAL DISTRICT y N MC/(ENZ/E ininliMEMENS 11111111=1M .11111M11111111 MINIM 1 T a a. a0 'A a a , a t,. • ,1x' b N EL/ZABETH ST. a. a 7a C. MEMONN Mal a ©_ ®_ IMMEEN 11111111111=1 111E11111111E MIMI MOW ®111111111111 =IEEE ..: —Nw.w_ ®1111111111 imam milisim 0 111111111111 11111111111:111111 MAI= MEM MIEN © = B11111211111111 —© 0 B4ILLUIEF 11111111111111111 �� ©EINEIE =MEI MIME ��, 1111111111111111113111111111 ST. CtOSED 0 co NIMBI 1111111111111 COLE ST. a ST. fXIV 0 sw 09y a S tT. a' =•t HOIHlf 31Y3S 3NNAM ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: °A) of Current Value: 2014DCV-2783-B, Nueces County vs Irene AdeII Terrell 3443-0030-0160; Lots 16 and 17, Block 30, Hillcrest Addition 2130 Stillman Ave - Corpus Christi November 1, 2016 13,280.20 2,500.00 1,476.50 5,200.00 18.83% 48.08% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,014.68 78.20 City of Corpus Christi 1,160.52 89.44 Corpus Christi Independent School District 2,460.51 189.63 Del Mar College 507.39 39.10 City Paving & Demo Liens 8,137.10 627.12 A VACANT LOT, 50 FTX 140 FT, AT THE CORNER OF STILLMAN AND W. BROADWAY IN THE HILLCREST NEIGHBORHOOD. THE PROSPECTIVE PURCHASER IS PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY. 2178 ' •a A 1 >.- z' p a $ W �2 NUECES COYNTY APPRAISAL DISTRICT ,C" s;. N 1 r1 Ay�y'a - ril - u " ll 4. 4 <4 h . a �, NUECES ©‘1 . LP t, 1 r1 Ay�y'a - ril 2I, x Q ll 4. e a yt. �, FRAU I':' pPy z1 .'1• aZ fY Jr 0,r +r m aa- $ ^ LP t, 1 r1 Ay�y'a - 412. 2I, x ^ y 4. e a yt. �, r !✓AOn f fY Jr 0,r +r m aa- $ ^ ro ^ ,b - ro coc se.tc ,F! I ‘C.<'\ SG { et, Y a yt. a t. !:, +s 7 BROADWAY NOl9N/X37 0 � C ST. 0 V N ST. ar a 6f [ s +x O y> - Z ra a I ‘C.<'\ SG { et, Y a yt. a t. !:, ST. 1111111 u a' ^ 11°a ' rYI DEMPSEY MOORE NUECES 7 " � JOHN e � , ,-a SUMMERS AOO9d3d BROADWAY IL sr $ '44 ST. ST. 6 �, a i, sr r a i sz 4 '5. • 114, �® NPW77/15 m A X am wr V -I 0 M C 0 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 2012DCV-1310-F; Nueces County vs Mary Brown 5000-0024-0050; Lot 5-A, Block 24, Meadow Park Property Location: 505 Osage - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: February 7, 2017 10,173.29 5,000.00 1,791.50 24,313.00 49.15% 20.57% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,383.77 436.42 City of Corpus Christi 1,637.75 516.52 Corpus Christi Independent School District 3,466.87 1,093.40 Del Mar College 711.57 224.42 City Paving & Demo Liens 2,973.33 937.74 A SMALL WOOD FRAME HOUSE, 816 SQ FT, ON A 50 X 145 FT LOT ACROSS FROM THE ZAVALA SENIOR CENTER. THE HOUSE NEEDS EXTENSIVE REPAIRS THROUGHOUT TO MAKE IT HABITABLE. THE PROSPECTIVE PURCHASER IS ROSE ROMERO OF CORPUS CHRISTI, TEXAS 2187 CHIPPEWA ISG1 a 1 ,fa I 6 o t�t4 I 6 , , 1 Si 8 , I I fS� 884,. 1 p I t1 9j1 I-1 4Bri` 0.40 9B „,.0 I I 4 10 22 3 ``+++��FFF 3A�E-114 1/ Ar1'`5S° f 11 'Itr 1 I 2 I. „ II 12 i 1 18efi Z> —.4 A /2AIp y, I /50 ! A 1 1 1 1 3i 1 Iso NAVAJO /so a 8 ST. ftp----_ 120 1 1 50 7A ,0, I I A 11-- 6 -- le5.h. 8 Si4 l' 9A pE ;,,•, 9 0 — 1D .1 q < 150 4 ISo 311,14,3 I45 A, /1 ! ,30 2 1 ' xs I • 2A/ 12,KIt /5.5 /SG ST. 150 R t 6__ft � n 4A ft "5 ISG 73.45 !A: a rr- 41406 —0 J5.154,9 40C 141 37D O �1 980 -.4A -A ,3a 3A 0110 28 5i/a0 1 2 /5050( i /5019 P 1 051't 11,1 afa' 10A 1 I` 1 1.59 K) I I so.. 224 n. 2H II 51.751 I 2 3t 13z, Le 39 37 +A 4 /51' 5 6 /49 36 IAS 4 35 7 �I C)34 8 4\1'1 0.01 (r)32 10 Pd 1., 31 1 30 12 U-80 29 zoo `LINDELAND p50fl 2 i L1 NDELAND � ., B i 1 5. o 4500-3-0 LINDELAND 41. 81 114 I,:4 41/2 $30 to • /r. /14 0 CD W tri /N N U-69 6/96 V 74-) scala. 1., 100' U75 No, 004. ' A, PI-ASIu z*. R1CT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due AU Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 012DCV-5378-F; Nueces County vs Bessie Nash 3443-0003-0050; The West 50 feet of Lots 1, 2, 3, 4 and 5, Block 3, Hillcrest Addition 2808 Hulbirt - Corpus Christi February 7, 2017 14,285.98 2,500.00 1,833.50 12,076.00 17.50% 20.70% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,061.11 96.16 City of Corpus Christi 2,316.50 108.07 Corpus Christi Independent School District 5,000.69 233.30 Del Mar College 938.42 43.78 City Paving & Demo Liens 3,969.26 185.18 AN OLD WOOD FRAME HOUSE BADLY DAMAGED BY FIRE, ON A 50 FTX 125 FT LOT IN THE HILLCREST NEIGHBORHOOD. THE ROOF AND EAST WALL HAVE FAILED AND THE HOUSE SHOULD BE DEMOLISHED. THE PROSPECTIVE PURCHASER IS PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY. 2190 12 ISI U-9 8 C 11 10 /2 rt BAY BVLD. 00 150 1Y / ZO /9 4 5 7 9 /o /5O /aE /1 /C /3 /4 20- /3 /2 // /5O /A0 8 1 24 z. 9 /00 .9 ()SO 70 /1 n u n 14 0 10 rs y /4 /7 J 5 44 7 23 5 24 .5 u 8 Ld N 0 2 sr. A 8/00 M e 57 B A 14 .8 Z5 B 24 G t 7 3 /0 L2 21 11 /4 /4 /7 /d 0 r rs 9 /0 11 2 /3 /s /3 /4 H 17 /d /1 rs 10 1 / h / d. L/ 7 LL J 1 W 5 7A 15 IL 1 27 /50 / 18 /so '` rs Z 3 4 T J G 3 C-'��7 8 9 /oa R /1 IS "t 4.1 45 24 24 23 i8 13 lLI 2 O r5 2/ 20 /1 4 /8 7 /7 /0 k d 9 a / 20 /3 5 3 17 1 4 7 /4 /5 9 /3 5 /2 /0 /TO /1 /50 58 M A 1 I /s0 17 24 2S 6 it G 23 7 .50 8 .0 /2 d 12 /z so /9 20 S s DRIVE ZS 9 50 /2 7 1G /7 /9 0 4 Z3 24 24 17 /5 1 3 5 7 8 /2 AVE. ZS 54 ^4 1 ZS 1 3 z. 41 70 H 3 4 6 4 m 7 17 A: rs K 1S /3 8 9 /0 /1 AVE mo.®m MEMBEINE 131111®. CUL ac ` ■ BM 7 1 ME .° ■ 11111111 MOUNIINE ALLEY CLOSE6 45 9 /O // /4 /3 (N/'.''.//55\ /4 /7 /d 25 / 1 v /T0 \ d �/ / 7 2 J 1 6 G 7 [3:5:.. /s0 / L 8 /So / z Z. Z 3 4 T J G 3 7 O 8 9 /d // /2 15 25 O 24 / i. 55 45 LL 41 70 4 15 /d 17 /4 /5 /4 25 0 h /3 8 7 As a /r 2f 2 J 1 6 G 7 5/9.61 stale 1 1 NU CFS COUNTY APPRAISAL DISTRICT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-2775-F; Nueces County vs Daisy E. Taylor 3443-0009-0010; Lots 1 and 2, Block 9, Hillcrest Addition 2001 Van Loan Ave. - Corpus Christi February 7, 2017 9,822.68 2,500.00 1,632.50 48,969.00 25.45% 5.11% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,741.66 153.82 City of Corpus Christi 2,114.09 186.71 Corpus Christi Independent School District 4,463.32 394.18 Del Mar College 909.03 80.28 City Paving & Demo Liens 594.58 52.51 EARLY MID-CENTURY MODERN HOUSE, 1,020 SQ FT, ON A CORNER LOT, 50 FTX 130 FT, IN THE HILLCREST NEIGHBORHOOD. THE HOUSE HAS BEEN VACANT FOR SEVERAL YEARS. THE PROSPECTIVE PURCHASER IS THE PORT OF CORPUS CHRISTI AUTHORITY OF CORPUS CHRISTI. 2191 24 20 17 IC 25 24 Z3 77 ve ZS 41 Io / „ 4 .— 1/ /r4 /� p /7 5 6 A 13 4 7 A/4 h /4 /f -- e 25 /4 / p 75 2 1 4 r /3 /1 r— ft II 4 — 1.-.^'t /4 4, 9 /fO ki 5/96 WEST WEST BROAD iiUII - e o o n c 4 5 0 7 . t7 tf Lf 2¢37 or. ma— /1 /30 w /0 l� .— 1/ S 4 — _'')--1.5 'q /4 a \' 1 ,.... <REALA�I t9Rz leA�w 74.b fe G920 //. /5 /4 8 // PAX.r STI' y64�HOND 1 20 2/ 04 5 24 7 /0 4 s /0 4 /30 ST. t ISO t0 ZS /7 0/ /0 /5 /4 0 /3 /2 1/ /o 9 8 75 Y1 t) 14 tf 74 i7 '3 01 4 $ a t 01 /0 /to t /1 /0 d 7 $ 4 ST. 0 /!0 70 I! g 0/ 21 8 d 7 ZS 13 /4 Lf 2¢37 21 .. 01 /1 /30 w /0 l� .— 1/ /7 /o — _'')--1.5 'q /4 a \' 1 /f 7 ilk /4 4 5 4 3 Z / p ZS 4 IMF /3 5 /L T 4 /1 3 Z3 v /SO / /x v ©EMPSEY ST. w /SO 1O 25 t7 z 24PM 4 r 70 24 17 /J It iii. /t /3a ©EMPSEY ST. w /SO 1O 25 21 43 14 70 24 17 2f /t /3a w to // 4 /6 t/ _'')--1.5 'q 9 y /7 /4 0 /9 0 7a c /F 7 G S 4 3 L/ ti 25 J., /1 3 Z3 Z /O :' t ... •• rJe 9'75it I /x 4 ST. W 34 VAN LOAN BROADWAY Az/40 /3 a /30 Y !_® /1 Io /5 /7 e /8 /9 C_ 20 5 2! 7 22 3 IJ 2 /7a Zt /30 Az/40 /3 II a /4 // /5 _ /4 q f 7 /4 �J /7 C /8 7 /7 13 4 24 J 0/ 4 00 .7 Z3 Z `• /..to 24 / /JO /Of /3 Ate /4 10' - 1/ /3 /0 /4 9 /7 /6 /9 5 7 0 to S 2/ 4 u 23 3 2 /30 24 11 1 ST/ LL MAN /9/ NUECES COUNTY APPRAISAL DISTRICT scab i" 100 L U-24 Ordinance authorizing the resale of 26 properties for $96,850.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,213.35 plus $15,790.35 for partial payment of City paving and demolition liens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 26 properties listed on the attached and incorporated Exhibit A for $96,850.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,213.35 plus $15,790.35 for partial payment of City paving and demolition liens. Section 2. The Nueces County Judge is authorized to execute a resale deed for each property upon payment to the City of the City's share of the tax resale proceeds. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor EXHIBIT A TAX RESALE PROPERTY LIST Item # Suit Number Property Location Legal Description Amount of Bid City's Portion City's Portion of City Paving and Demo „.a 1 1737 03-1971-B 1520 Mestina 3795-0009-0050: Lot 5, Block 9. Jones Addition S 4,500.00 S 630.06 S 68.86 2 Pulled. See below. _3 1804 10-3474-C 1949 Sandy Way 2127-0008-0400; Lot 40, Block 'if, Don Pat icio Subdivision 4,100.00 587.66 508.11 4 Pulled. See below. 5 Pulled. See below. 6 2103 2011DCV-2148-G 140 Watson 8284-0010-0225; The East 1/2 of Lot 22 and the West 6.0 feet of Lot 23, Block 10, Southmoreland Addition 1,250.00 0.59 10.76 2110 2012DCV-4402-F 329 Picture Court 2486-0008-0038; Tract E of Lot 3, Block H, Flour Bluff Estates 1,500.00 200.77 84.31 8 2111 2011DCV-2152-H 1416 San Juan 6403-0003-0140 and 6103-0003-0145; Lot 14, Block C, Parker Addition 1,150.00 58.05 438.75 9 2133 2012DCV-2287-G 929 Louis Lynch Drive 2780-0002-0170; Lot 17, Block 2, Subdivision of the Geistman Tract Z700.00 45.25 719.61 10 2134 2011DCV-0854-H 3810 Sarita 8724-0010-0120; Lot 12, Block 10, Temple Addition 8,000.00 677.25 2,218.32 11 2135 2012DCV-0822-A 2214 Kennedy Avenue 8013-0004-0120; Lot 12-A, Block 4, Shoreline Park 2,500.00 102.00 388.57 12 2136 2013DCV-3283-B 532 19th Street 3775-0000-0030; Lot 3 Jasmin Addition 1,000.00 - - 13 2144 10-3487-G 1725 Hudson 1585-0005-0270; Lot 27, Block 5, Second Revision of Chula Vista Addition No. 1 10,000.00 1,485.58 1,493.02 14 2146 2011DCV-1435-F 1322 Stillman Avenue 3443-0022-0130; Lots 13 and 14, Block 22, Hillcrest Addition 2,500.00 78.04 439.33 15 2147 2013 DCV -5157-B 2413 Sarita 4287-0016-0030; Lot 3, Block 16, E. A. Leake Addition 5,000.00 734.19 221.82 16 2148 2014DCV-4449-H 3917 Santa Elena 7685-0003-0160; Lot 16, Block 3, Santa Elena Addition 6,000.00 993.04 223.00 17 2153 2011DCV-4165-B 11833 Haven Drive 5804-0001-0050; Lot 5-A, Block 1, Nueces Acres, Addition #2 5,250.00 318.34 955.77 18 2154 20 12DCV-1840-H 4422 Elvira Drive 4072-0003-0080; Lot 8, Block 3, La Pascua Addition, Unit 2 3,300.00 63.22 899.36 19 2156 2013DCV-0765-B 2908 Mary Street 8409-0009-0530 & 8409-0009-0535; Lots 53 and 54, Block 9, Steele Addition 3,500.00 122.62 421.00 20 2157 2014DCV-3320-F 10317 N. Harrington 3415-0003-0115; 0.392 acre, more or less, out of Lot 11, Block 3, Highway Village Addition, Section 1 5,300.00 262.47 2,154.60 21 2162 20I3DCBV-4618-A 1614 Peabody Avenue 3443-0036-0070; Lots 7 and 8, Block 36, Hillcrest Addition 2,500.00 190.26 241.58 2163 2014DCV-3326-C 3333 Washington Street 3232-0009-0090; Lot 9, Block 9, Harlem Park 2,000.00 42.56 374.50 23 Pulled. See below. 24 2168 2011DCV-1307-C 1707 Robin Drive 1014-0001-0220; Lot 22, Block 1, Broadmoor Park No. 3 3,000.00 27.75 117.16 25 2170 2014DCV-2777-G 3025 Greenwood 2277-0006-0220; Lot 22, Block 6, El Rey Addition 2,800.00 227.18 248.40 26 2177 2012DCV-1309-C 1514 17th Street 0481-1402-0390; Lots 39 and 40, Block 1402, Bay Terrace Addition No. 2 6,500.00 465.73 1,760.97 _, 2178 2014 -DCV -2783-B 2130 Stillman Avenue 3443-0030-0160; Lots 16 and 17, Block 30, Hillcrest Addition 2,500.00 89.44 627.12 28 2187 2012DCV-1310-F 505 Osage 5000-0024-0050; Lots 5-A, Block 24, Meadow Park 5,000.00 516.52 937.74 29 2190 0I2DCV-5378-F 2808 Hulbirt 3443-0003-0050; The West 50 feet of Lots I, 2, 3, 4, and 5, Block 3, Hillcrest Addition Z500.00 108.07 185.18 30 2191 2014DCV-2775-F 2001 Van Loan Avenue 3443-0009-0010; Lots 1 and 2, Block 9, Hillcrest Addition 2,500.00 186.71 52.51 Total of Agenda Item S 96.850.00 S 8.213.35 S 15.790.35 ITEMS PULLED BY THE CITY OF CORPUS CHRISTI: 2 1801-1803 10-0683-H 301, 305 and 309 Skipper Lane 2476-0056-0719, 2476-0056-0720, & 2476-00586-0722 Lots 15, 16, and 17, Block 4, Flour Bluff Heights, unrecorded, out of Lot 8, Section 56, Flour Bluff & Encinal Farm and Garden Tracts 16,000.00 1,211.35 8,909.09 4 2021 04-7181-F 901 McIver St (@ Matlock) Park -0016-0010; Lots 1, 2, 3, 4, and 5, Block 16, Flour Bluff 10,000.00 1,161.33 3,557.05 5 2027 2012DCV-3185-H 1001 Green Bay Drive 2550-0001-0390; Lot 39, Block 1, Flour Bluff Point 2,000.00 167.43 30.39 _3 2164 2015DCV-2875-A 446 Skipper Lane 2523-0003-0100; Lot 10, Block 3, Flour Bluff Heights 5,000.00 329.63 2,037.48 Total of Items Pulled S 33 000.00 S 2.869.74 S 14.534.01 Total of Original List 5 129 850.00 S 11 083.09 S 30,324.36 14 NO ATTACHMENT FOR THIS ITEM 15 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Rezoning Property located at 402 North Padre Island Drive CAPTION: Case No. 0517-01 Yarborough Ranches LP: A change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District. The property is described as Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 -acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of office space in the General Commercial District and a light industrial park in the Light Industrial District. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District and to the "IL" Light Industrial District and "CG -2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District for the development of office space in the General Commercial District as a buffer to an industrial park in the Light Industrial District. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as commercial throughout. It is Staffs opinion, however, that the requested rezoning will be consistent with the zoning of adjacent property with the use of a transitional commercial buffer. 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 Westside Area Development Plan. The proposed rezoning to the "IL" Light Industrial District and "CG - 2" General Commercial District is inconsistent with the adopted Future Land Use Map, but is supported by goals in Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Yarborough Ranches LP ("Owner"), by changing the UDC Zoning Map in reference to Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 -acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas; from the "CG - 2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 17, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District, and on Tuesday, June 20, 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 Yarborough Ranches LP, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 -acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane (the "Property"), from the "CG - 2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District (Zoning Map No. 051042), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor TRACT 1 LEGAL DESCRIPTION 22.47 ACRES NUECES COUNTY, TEXAS A 22.47 acre tract out of Lots 1 and 2, Block 4, J.C. Russell Farm Blocks, as shown on a map recorded in Volume 28, Pages 58 - 59, Map Records Nueces County, Texas, also being out of a 34.45 acre tract described in Volume 1341, Page 124, Deed Records, Nueces County, Texas, and more fully described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found in the east right-of-way of North Padre Island Drive, for the northwest corner of said 34.45 acre tract, THENCE North 88°36'34" East, with the north line of said 34.45 acre tract, a distance of 616.74 feet to the northwest corner and POINT OF BEGINNING of the tract herein described; THENCE North 88°36'34" East, with said north line, a distance of 1560.00 feet to a point on said north line for the northeast of the herein described tract; THENCE South 01°24'32" East, a distance of 627.34 feet to a point on the south line of said 34.45 acre tract for the southeast of the herein described tract; THENCE South 88°36'34" West, with said south line, a distance of 1560.00 feet to a point for the southwest corner of the herein described tract; THENCE North 01°24'32" West, a distance of 627.34 feet to the POINT OF BEGINNING and containing 24.47 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. \Ho\trk.o. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith / Hanson TBPE F#355 TBPLS F# 100395-00 Date: I;\ 2i , 7,01 Page 1 of 1 TRACT 2 LEGAL DESCRIPTION 3.10 ACRES NUECES COUNTY, TEXAS A 3.10 acre tract out of Lot 2, Block 4, J.C. Russell Farm Blocks, as shown on a map recorded in Volume 28, Pages 58 - 59, Map Records Nueces County, Texas, also being out of a 34.45 acre tract described in Volume 1341, Page 124, Deed Records, Nueces County, Texas, and more fully described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found in the east right-of-way of North Padre Island Drive, for the northwest corner of said 34.45 acre tract, THENCE North 88°36'34" East, with the north line of said 34.45 acre tract, a distance of 2176.74 feet to the northwest corner and POINT OF BEGINNING of the tract herein described; THENCE North 88°36'34" East, with said north line, a distance of 215.00 feet to a point in the west right-of-way of Flato Road, for the northeast corner of said 34.45 acre tract and the northeast of the herein described tract; THENCE South 01°24'32" East, with the west right-of-way line of said Flato Road, a distance of 627.34 feet to a point for the southeast corner of said 34.45 acre tract and the southeast of the herein described tract; THENCE South 88°36'34" West, with the south line of said 34.45 acre tract, a distance of 215.00 feet to a point for the southwest corner of the herein described tract; THENCE North 01°24'32" West, a distance of 627.34 feet to the POINT OF BEGINNING and containing 3.10 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith / Hanson TBPE F#355 TBPLS F# 100395-00 Date: 'A-vr; l 2I 7.01-1 STACEY KING MORA Page 1 of 1 LOCK Z O rION MAP TTO ENERAL NOTES 1. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH ZONE (NAD 19834 2. SUBJECT PROPERTY ZONED LIGHT INDUSTRIAL (IL), GENERAL COMMERCIAL (CG -2), AND RESIDENTIAL MULTI -FAMILY 61M-34 N88° 36' 34"E 616.74' LOT IA, BLOCK 4 J.C. RUSSEL FARM BLOCKS VOLUME 1341, PAR 124 ZONING CHANGE EXHIBIT 430 NORTH PADRE ISLAND DRIVE N88° 36' 34"E 1560.00' LOT 2A BLOCK 4 J.C..SSEL FARM BLOCKS VOLUME341, PAGE24 0 87.5 175 GRAPHIC SCALE IN FEET N88° 36' 34"8 215.00' REMAINING 8.88 ACRES OUT OF 34.45 ACRES 1341, PAGE 124, IrIPP'RECORL,, NUECES COUNTY, TEXAS TRACT 1 22.47 ACRES OUT OF 34.45 ACRES REZONING PROPOSED= IL 22_47 ACRES CUT CF A 34.45 ACRE TRACT. AS DESCRIBE° IN 11OEEO PECOfl0E0 IN WLUME 4tH PAGE 124, ryAPECRDS, S88° 36' 34"W 616.65' NI LOT 3 egg.; GEMINI UBDMSION VOLUME B. PAR 53 N. OWNER: NEARRE.TFOR (iRPl S88° 36' 34"W 1560.00' 1E47 ACRE TRACT BEING OUT CF A 31,335 ACCF UN° DESCRIBE° IN DEEDACK RECORDED N DOCUMENTRNO. 235320, D.R.N.C.T. 0 Copyrig TRACT 2 3.10 ACRES OUT OF 34.45 M ACRES REZONING PROPOSED= CG -2 34..A CRE 0834 OFAS DESCRIBED IN A DEED RECORDED IN VOLUME 13REC RDS NUECES PAGE 124, S COUNTY. TEXAS 0) S88° 36' 34"W 215.0 ' Prolessiono fCe Inc. 2017 4 HANSON ZONING CHANGE EXHIBIT 34458 ACRES OF LAND BEING A PORTION OF LOTS 1 AND 2 BLOCK 4, J C RUSSELL FARM PAGES 58-59, MONCT, BEINGAP OF HICH I S RECORDED N SAME LAND AS DESCRIBES AS TRACT NO. 1B AND TRACT NO 2B IN THAT CERTAIN DEED DATED JULY 14, 1969, FROM BALDWIN FARMS, INC TO KATHERINENOK79BERG 5858 VOLUME 1341 HP G4 DRNCLTRK'S RLE CORPUS CHRISTI, NUECES COUNTY, TEXAS EXHIBIT B Aerial Overview Vicinity Map ti Aerial Map 1 N Case No.: 0517-01 Infor No. 17ZN1018 Planning Commission Hearing Date: May 17, 2017 Applicant/Representative: IDV Development Services, LLC Owner: Yarborough Ranches LP Location: 402 North Padre Island Drive Legal Description: Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 - acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. Zoning Request From: "CG -2" General Commercial District and "RM -3" Multifamily 3 District To: "IL" Light Industrial District and "CG -2" General Commercial District Area: 25.57 acres Purpose of Request: To allow for the construction of office space in the General Commercial District and a light industrial park in the Light Industrial District. Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial District "RM -3" Multifamily 3 District Agricultural Commercial North "CG -2" General Commercial District "RM -3" Multifamily 3 District Agricultural Drainage Corridor Commercial South "IH" Heavy Industrial District "IL" Light Industrial District "RM -3" Multifamily 3 District Vacant Light Industrial Commercial East "RS -6" Single Family 6 District Public/Semi Public Public/Semi Public West "IL" Light Industrial District Agricultural Commercial o N c� o E a a5 Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District and "CG -2" General Commercial District is consistent with the Future Land Use Map, the Westside Area Development Plan, and Plan CC. Map No.: 051042 Zoning Violations: None Transportation Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume North Padre Island Drive "F1" Freeway/Expressway 400' ROW Varies Paved 300' ROW 260' Paved Not Available Flato Road "01" Minor Residential Collector 60' ROW 40' Paved 42' ROW 33' Paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to "IL" Light Industrial District and "CG -2" General Commercial District to allow for the construction of offices in the General Commercial District and a light industrial park in the Light Industrial District. Development Plan: The subject property is comprised of 25.57 acres. It is proposed to be developed into office space for the first 215' of depth along the frontage of Flato Road and beyond that to North Padre Island Drive, a light industrial park is planned. Existing Land Uses & Zoning: The subject property is zoned "CG -2" General Commercial District and "RM -3" Multifamily 3 District with agricultural use. The north property is zoned "CG -2" General Commercial District and "RM -3" Multifamily 3 District with agricultural use and a drainage corridor. The property to the south is "IH" Heavy Industrial District,"IL" Light Industrial District, and "RM -3" Multifamily 3 District with portions having light industrial use and portions vacant. The west property is zone "IL" Light Industrial District and has agricultural use. The property to the east is zoned "RS - 6" Single Family 6 District and has a public/semipublic use. 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 Westside Area Development Plan (ADP). The proposed rezoning to "IL' Light Industrial District and "CG -2" General Commercial District is consistent with the adopted Westside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, Page 36). • High-intensity commercial and industrial areas should be buffered to provide a transition from residential areas through the existence of: f) other transitional land uses. (Westside ADP, Policy Statement C.5). • Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas by means of property layout and organization of activities. (Westside ADP, Policy Statement C.6) • Encourage light industrial development in the Westside Study Area where infrastructure is in place and ready to serve development (Westside ADP, Policy Statement E.1, Figure 11) Department Comments: • The proposed rezoning is compatible with PIanCC and the Westside Area Development Plan. The proposed rezoning is included in the recommended industrial development outlined in Figure 11 of the Westside ADP. • The transition from industrial to commercial at the frontage of Flato Road protects the abutting use of West Oso High School. • The proposed industrial park is consistent with existing development along North Padre Island Drive. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 a Notification Number of Notices Mailed As of May 26, 2017: In Favor In Opposition For 0.00% in opposition. — 9 within 200' notification area; 1 outside notification area — 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\0517-01 Yarborough Ranches LP\Council Documents\0517-01 CC Report Yarborough Ranches LP.docx BATES DR IL 2 6 9 1 TRACT 10 / SUBJECT PROPERTY ,TRACT/2 / 5 4 IL SP/15_0.8_ 0 8 RS - IH IL 0 400 800 ,Feet 6 CASE: 0517-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition AGNE6 cc!A BEAR 34� A 0' LOCATION MAP SUBJECT z�(PROPERTY g LEOPARD 6 114 City of Corpus Christi 16 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Rezoning Property located at 901 Flato Road CAPTION: Case No. 0517-02 IDV NPID, LLC: A change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. The property is described as being a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of office space in the General Commercial District as a buffer to light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for the development of office space in the General Commercial District as a buffer to an industrial park in the Light Industrial District. 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 of adjacent property with the use of a transitional commercial buffer. 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 Westside 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 DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by IDV NPID, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas; from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 17, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from "RM -3" Multifamily 3 District to the "CG -2" General Commercial District, and on Tuesday, June 20, 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 IDV NPID, LLC, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane (the "Property"), from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District (Zoning Map No. 051042), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor LEGAL DESCRIPTION 2.84 ACRES NUECES COUNTY, TEXAS A 2.84 acre tract out of Lot 2, Block 4, J.C. Russell Farm Blocks, as shown on a map recorded in Volume 28, Pages 58 - 59, Map Records Nueces County, Texas. Said 2.84 acres also being out of a 31.4685 acre tract as referenced in File No. 235320, Deed Records, Nueces County, Texas, and more fully described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found for the southeast corner of Lot 4, Block 4, Gemini Subdivision, as shown on a map recorded in Volume 66, Page 53, Map Records, Nueces County, Texas, THENCE North 88°36'26" East, with the south line of said 31.4685 acre tract, a distance of 1033.33 feet to the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE North 01°24'32" West, a distance of 215.00 feet to a calculated point on the north line of a 31.4685 acre tract for the northwest corner of the herein described tract; THENCE North 88°36'22" East, with the north line of said 31.4685 acre tract, a distance of 215.00 feet to a calculated point on the west right-of-way line of Flato Road, for the northeast corner of the herein described tract; THENCE South 01°24'32" East, with the west right-of-way line of said Flato Road, a distance of 574.67 feet to a calculated point on the west right-of-way line of Flato Road, for the southeast corner of the herein described tract; THENCE South 88°36'26" West, a distance of 215.00 feet to the POINT OF BEGINNING and containing 2.84 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). flAcrtA Stacey Iig IVldra, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith/Hanson Professional Services TBPE F#355 TBPLS F# 100395-00 Date: \ 21, 2-07 EXHIBIT A Page 1 of 1 (3 0 CY > 0 z GENERAL NOTES 1. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH ZONE (NAD 1983). 2. SUBJECT PROPERTY ZONED LIGHT INDUSTRIAL (IL)AND RESIDENTIAL MULTIFAMILY (RM -3). ZONING CHANGE EXHIBIT TRACT NO. 3 34.41 ACRES VOLUME 1341, PAGE 124 D.R.N.C.T. OWNER: YARBOROUGH RANCHES LP N88° 36' 22'E 1033.31' REMAINING 13.63 ACRES OUT OF 16.47 ACRES 232 FLATO ROAD 13,63 ACRES OUT OF A 16,47 ACRE TRACT BEING OUT OF A 31,4685 ACRE TRACT AS REFERENCED IN A DEED RECORDED IN OLE NO, 235320, DEED RECORDS, NUECES COUNTY, TEXAS, POINT OF BEGINNING LOT 2 GEMINI SUBDIVISION BLOCK 4 VOLUME 65, PAGE 20 M.R.N.C.T. OWNER:PENSKE TRUCK LEASING CO. LP. ITEM t,) 1s U . AS PER DOC. No. 269415, D.R.N.C.O. 0 50 100 GRAPHIC SCALE IN FEET N88° 36' 22"E 215.00 20' DRAINAGE EASEMENT AS PER 0,28, PGS. 58-59 M.R.NC.T. 2.84 ACRES OUT OF M 16.47 ACRES S88" 36 26"W 1033.33' CLIFF INVESTMENTS INC. 14.1 ACRE TRACT DOCUMENT N0. 2007027398 D.R.N.C.T. REZONING PROPOSED= CG -2 2.84 ACRES OUT OF A 16.47 ACRE TRACT BEING OUT OF A 31.4685 ACRE TRACT AS REFERENCED IN A DEED RECORDED IN FILE NO. 235320, DEED RECORDS, NUECES COUNTY, TEXAS. 5881 36' 26"W 215.00 0 Copyright Hanson Professio 0 Q � 0 o O Fq Fc, o a/ Se vices Inc. 2017 4 HANSON Hanson Profrnnal Services ZONING CHANGE EXHIBIT 16.47 ACRE TRACT BEING OUT OF A 31.4685 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 235320, DEED RECORDS, NUECES COUNTY, TEXAS CORPUS CHRISTI, NUECES COUNTY, TEXAS EXHIBIT B PLANNING COMMISSION FINAL REPORT Case No. 0517-02 INFOR No. 17ZN1019 Planning Commission Hearing Date: May 17, 2017 Applicant & Legal Description Applicant/Representative: IDV Development Services, LLC Owner: IDV NPID, LLC Location: 901 Flato Road Legal Description/Location: Being a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane. Zoning Request From: "RM -3" Multifamily 3 District To: "CG -2" General Commercial District Area: 2.84 acres Purpose of Request: To allow for the construction of office space in the General Commercial District and a light industrial park in the Light Industrial District. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM -3" Multifamily 3 District Vacant Commercial North "RM -3" Multifamily 3 District Agricultural Commercial South "IL" Light Industrial District Agricultural Commercial East "RS -6" Single Family 6 District Public/Semi Public Public/Semi Public West "IL" Light Industrial District Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the Future Land Use Map, the Westside Area Development Plan, and Plan CC. Map No.: 051042 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 570 feet of street frontage along Flato Road which is designated as a "01" Minor Residential Collector. Street R.O.W. Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Flato Road "01" Minor Residential Collector 60' ROW 40' Paved 42' ROW 33' Paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District to "CG -2" General Commercial District to allow for the construction of offices in the General Commercial District. Development Plan: The subject property is comprised of 2.84 acres. It is proposed to be developed into office space for the first 215' of depth along the frontage of Flato Road and beyond that to North Padre Island Drive, a light industrial park is planned. Existing Land Uses & Zoning: The subject property is "RM -3" Multifamily 3 District and is vacant. The north property is zoned "RM -3" Multifamily 3 District with agricultural use. The property to the south is "IL" Light Industrial District with agricultural use. The west property is zone "IL" Light Industrial District and is vacant. The property to the east is zoned "RS -6" Single Family 6 District and has a public/semipublic use. 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. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to "CG -2" General Commercial District is consistent with the adopted Westside 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. (Plan CC, Goal 1, Page 50). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, Page 36). • High-intensity commercial and industrial areas should be buffered to provide a transition from residential areas through the existence of: f) other transitional land uses. (Westside ADP, Policy Statement C.5). • Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas by means of property layout and organization of activities. (Westside ADP, Policy Statement C.6) • Encourage light industrial development in the Westside Study Area where infrastructure is in place and ready to serve development (Westside ADP, Policy Statement E.1, Figure 11) • The proposed rezoning is compatible with PIanCC and the Westside Area Development Plan. The proposed rezoning is included in the recommended industrial development outlined in Figure 11 of the Westside ADP. • The transition from industrial to commercial at the frontage of Flato Road protects the abutting use of West Oso High School. • The proposed industrial park is consistent with existing development along North Padre Island Drive. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 3 within 200 -foot notification area 4 outside notification area As of May 23, 2017: In Favor In Opposition — 0 inside notification area — 0 outside notification area — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0517-02 IDV NPID, LLC\Council Documents\0517-02 CC Report IDV NPID, LLC.docx SUBJECT PROPERTY 1 IL 0 7 400 RM - 2 3 800 Feet RS -6 Date Created: 5/3/2017 Prepared By: IvetteM Department of Development Services CASE: 0517-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition AGNES CGA BEAR 30S AP LOCATION MAP SUBJECT PROPERTY AGNES LEOPARD 0 n Bay 0 ilh City of Corpus Christi 4/ N Aerial Overview Vicinity Map Aerial Map 1 N 17 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Closing and abandoning three utility easements located at 6002 & 6116 South Staples CAPTION: Ordinance abandoning and vacating three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy - Robertson, Inc, to comply with the specified conditions. PURPOSE: The purpose of this item is to abandon and vacate portions of three utility easements and allow for Gandy -Robertson, Inc. to re -plat and combine the existing lots into one. BACKGROUND AND FINDINGS: Gandy -Robertson, Inc. (Owner) is requesting the abandonment and vacation of three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples. The abandonment and vacation of the utility easements are being requested by the Owner in conjunction with the re -plat of Gusto Subdivision, Block 1, Lot 1 R. Staff recommends the Owner pay no fair market value fee in accordance with Texas Local Government Code §272.001 (b) because the Owner will be dedicating utility easements on the property which will greatly exceed the area of the requested closure. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: No other utilities need to be relocated as part of the closure CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 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 RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of City Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance abandoning and vacating three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy - Robertson, Inc, to comply with the specified conditions. WHEREAS, Gandy -Robertson, Inc. (Owner) is requesting the abandonment and vacation of three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate portions of three utility easements, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Gandy -Robertson, Inc. ("Owner"), three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 - acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples, as recorded in Volume 44, Page 163, and Volume 47, Page 161 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A" (A-1, A-2, A-3) which is a metes and bounds description and field notes, Exhibit "B" (B-1, B-2, B-3) which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the three utility easements described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of City Council approval. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor STATE OF TEXAS NUECES COUNTY Exhibit "A-1" Field Note Description for a 0.0281 of an acre (1,225 square feet) - 5' Utility Easement out of Lot 6, Block 1, Gusto Subdivision, as recorded in Volume 44, Page 163, Map Records of Nueces County, Texas (M.R.N.C.T.), being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found In the east Right -of -Way (R.O.W.) of South Staples (100' R.O.W.) as recorded in Volume 47, Page 161 M.R.N.C.T., said point being the west corner of the said Lot 1A, Block 1, Gusto Subdivision, same point being the north corner of Lot 6, Block 1, Gusto Subdivision as recorded in Volume 44, Page 163 M.R.N.C.T., for the "POINT OF BEGINNING" of the herein described 5' utility easement, from which the point of curvature for a cutback corner located on the east R.O.W. of the said South Staples Street and the south R.O.W. of Wooldridge Road (75' R.O.W.), as recorded in Volume 47, Page 161 M.R.N.C.T., bears North 28°33' 49" East, 80.00 feet; THENCE South 61°26'11" East, continuing along and with the common boundary of the said Lot 1A & Lot 6, Block 1, Gusto Subdivision, a distance of 160.00 feet to a 5/8 inch iron rod found for the east corner of the said, Gusto Subdivision, same point being an interior corner of the said Lot 2A, Block 1, Gusto Subdivision for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, continuing along and with the common boundary of the said Lot 2A, Block 1 & Lot 6, Block 1, Gusto Subdivision, a distance of 90.00 feet to a 5/8 inch iron rod found for the south corner of the said Lot 6, Block 1, Gusto Subdivision, same point being the west corner of the said Lot 2A, Block 1, Gusto Subdivision for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, along and with the common boundary of the said Lot 1A Block 2, Champion Way Subdivision as recorded in Volume 67, Page 338, M.R.N.C.T., and the said Lot 6, Block 1, Gusto Subdivision, a distance of 5.00 feet to a point for a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, departing the common boundary of the said Lot 1A, Block 2, Champion Way Subdivision and Lot 6, Block 1, Gusto Subdivision, crossing the said Lot 6, Block 1, Gusto Subdivision, a distance of 85.00 feet to a point for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing across the said Lot 6, Block 1, Gusto Subdivision, a distance of 155.00 feet to a point in the east R.O.W. of the said South Staples Street (100' R.O.W.), for a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, along and with the east R.O.W. of the said South Staples Street (100' R.O.W.), a distance of 5.00 feet to the "POINT OF BEGINNING" and containing within these metes & bounds a 0.0281 of an acre (1,225 square feet) of land, more or less. (AM bearings are based on The Texas State Plane Coordinate System, South Central Zone 4204, NAD 83). I hereby certify that the foregoing legal description was prepared from an on the ground survey performed on December 15, 2016, under my supervision and it correctly represents the facts found at the time of the survey. *Revised 05/22/2017. sO OF r„,y. K Xa/er Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas STATE OF TEXAS NUECES COUNTY Exhibit "A-2" Field Note Description for a 0.0311 of an acre (1,356 square feet) - 5' Utility Easement out of Lot 1A, Block 1, Gusto Subdivision, as recorded in Volume 47, Page 161, Map Records of Nueces County, Texas (M.R.N.C.T.), being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found In the east Right -of -Way (R.O.W.) of South Staples (100' R.O.W.) as recorded in Volulme 47, Page 161 M.R.N.C.T., said point being the west corner of the said Lot 1A, Block 1, Gusto Subdivision, same point being the north corner of Lot 6, Block 2, Gusto Subdivision as recorded in Volume 44, Page 163 M.R.N.C.T., for the "POINT OF BEGINNING" of the herein described 5' utility easement, from which the point of curvature for a cutback corner located on the east R.O.W. of the said South Staples Street and the south R.O.W. of Wooldridge Road (75' R.O.W.), as recorded in Volume 47, Page 161 M.R.N.C.T., bears North 28°33' 49" East, 80.00 feet; THENCE North 28°33'49" East, along and with the east R.O.W. of the said South Staples Street ( 100' R.O.W.), a distance of 5.00 feet to a point for a corner of the herein described 5' utility easement; THENCE South 61°26'11" East, departing the east R.O.W. of the said South Staples Street (100' R.O.W.) continuing across the said Lot 1A, Block 1, Gusto Subdivision, a distance of 181.27 feet to a point for a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, continuing across the said Lot 1A, Block 1, Gusto Subdivision, a distance of 85.00 feet to a point in the south R.O.W. of the said Wooldridge Road (75.00' R.O.W.), for a corner of the herein described 5' utility easement; THENCE South 61°26'11" East, along and with the south R.O.W. of the said Wooldridge Road (75' R.O.W.), a distance of 5.00 feet to a 5/8 iron rod found for the east corner of the said Lot 1A, Block 1, same point being the north corner of Lot 2A, Block 1, of the said Gusto Subdivision, for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, departing the south R.O.W. of the said Wooldridge Road (75' R.O.W.) continuing along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision, a distance of 90.00 feet to a point for a common corner of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision, a distance of 186.27 feet to the "POINT OF BEGINNING" and containing within these metes & bounds a 0.0311 of an acre (1,356 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Central Zone 4204, NAD 83). I hereby certify that the foregoing legal description was prepared from an on the ground survey performed on December 15, 2016, under my supervision and it correctly represents the facts found at the time of the survey. U1 Xa ler Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas STATE OF TEXAS NUECES COUNTY Exhibit "A-3" Field Note Description for a 0.0237 of an acre (1,031 square feet) - 5' Utility Easement out of Lot 2A, Block 1, Gusto Subdivision, as recorded in Volume 47, Page 161, Map Records of Nueces County, Texas (M.R.N.C.T.), being more particularly described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found at the in the south Right -of -Way (R.O.W.) of Wooldridge Road (75' R.O.W.) as recorded in Volulme 47, Page 161 M.R.N.C.T., same point being the west R.O.W. of Sarazen Drive (60.0' R.O.W.) as recorded in Volume 47, Page 161, M.R.N.C.T., for the east corner of Lot 2A, Block 1, Gusto Subdivision, from which the "POINT OF BEGINNING" of bears North 61°26'11" East, 183.73 feet, along and with the west boundary of the said Wooldridge Road, to a 5/8 iron rod found for the herein described 5' utility easement; THENCE South 61°26'11" East, along and with the west R.O.W. of the said Woodridge Road (75' R.O.W.), a distance of 5.00 feet to a point for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, departing the west R.O.W. of the said Wooldridge Road (75' R.O.W.) , crossing the said Lot 2A, Block 1, Gusto Subdivision, a distance of 95.00 feet to a point fora corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing across the said Lot 2A, Block 1, Gusto Subdivision, a distance of 26.27 feet to a point for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, continuing across the said Lot 2A, Block 1, Gusto Subdivision, a distance of 85.00 feet to a point for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing across the said Lot 2A, Block 1, Gusto Subdivision, a distance of 5.0 feet to a point for a corner of the herein described 5' utility easement THENCE North 28°33'49" East, departing the east boundary of Lot 1A, Block 2, Gusto Subdivision as recorded in Volume 67, Page 338, M.R.N.C.T., continuing along and with the common boundary of Lot 6, Block 1, Gusto Subdivision, as recorded in Volume 44, Page 163, M.R.N.C.T., and the said Lot 2a, Block 1, Gusto Subdivision, a distance of 90.00 feet to a in the west boundary of Lot 1A, Block 1, Gusto Subdivision, as recorded in Volume 47, Page 161, M.R.N.C.T., same point being the east corner of the said Lot 6, Block 2, Gusto Subdivision, for a corner of the herein described 5' utility easement; THENCE South 61°26'11" East, along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, a distance of 26.27 feet to a 5/8 iron rod found for the south corner of the said Lot 1A, Block 1, Gusto Subdivision, an interior corner of the said Lot 2A, Block 1, same point being a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, continuing along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision, a distance of 90.00 feet to a 5/8 inch iron rod found in the west R.O.W. of the said Wooldridge Road (75' R.O.W.), same point being a common corner of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision to the "POINT OF BEGINNING" and containing within these metes & bounds a 0.0237 of an acre (1,031 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Central Zone 4204, NAD 83). I hereby certify that the foregoing legal description was prepared from an on the ground survey performed on December 15, 2016, under my supervision and it correctly represents the facts found at the time of the survey. Xavr Sandoval Re istered Professional Land Surveyor License No. 5886 State of Texas LOCATION MAP (N.T.S.) PROJECT SITE LOCATION CORPUS CHRISTI, TEXAS Exhibit B-1 WOOLDRIDGE ROAD (75.(' R.O.W.) —/ BUILDING' `F NDY-ROBE:RED. INC., LCT rD.. DOC. k0. 39.6021258. aPRN .. N 28'33'49" E__._—� 5.00' N 6 5560'.:':. RES (1 225 SO FEET) GANDS-ROBE§TION 16e.. LOT 6 BLOCK 1 GUST SIBO.; M:R.N.C..T:.. ,OCNO 19960212 6, O. P.R.rv:C:l. 6116 GANDY-ROBERTSON 1N LOT 2A, BLOCK 1, TD SUED., GUSTO DOC. NO. 199602,256, oP.R.N.C.T. N 61'26'11" W 5.00' 40 80 120 LOT 1A, BLOCK cr.. DOC. No. 2011010909, o�P.re.rv.c.T. NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • 0 P R N.C.T OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M R B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • R = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED O UCC1-2.7. • REVISED 05/22/2017. LOT 18, BLOCK 2, DOG. N0 2013015315, o.a-Rrv.c.T. L XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PL0T REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 15TH DAY OF DECEMBER, 2016. OF c1§*c EGISTERED PROFESSIONAL L•• '5URVEYO LICENSE NO. 5886, STATE OF TEXAS EXHIBIT SHOWING EASEMENT TO BE VACATED OUT OF LOT 10, BLOCK 1 GUSTO SUBDIVISION, VOLUE 47, PAGE 161, MRNCT_ AND ALL OF LOT 6, BLOCK 1, GUSTO SUBDIVISION, VOLUME 44, PAGE 163, M . N.C.T. DRAWN XDS DATE 1. 20FLU16 T 7� ' `� LXX ���\_ I SURVEYING I MAPPING APPROVED 75,14 DATE 01.3.2015 SCALE 1 "10 PROJECT NO. 161220E rnt 1118 \ 05 *158V050972.70,1004221 XUS LAND SUP.000140. LLC. F110N : 210.715.7189 som 01014 REGISTNATION 10; 94170 Exhibit B-2 LOCATION MAP (N TS-) PROJECT S] Jr— LOCATI CORPUS CHRISTI, TEXAS N 28'33'49" E 5.00' 0 40 80 120 wwLDRIDGE ROAD S 61'26'11" E 1d r31-1 nm GANDY-ROBERTSON In LOT 14SUBD., vO RN_eT, DOC. NO. N0. 1996021256M0 V R.N.C.T S 61'26'11" E 181.27' 5.00' T 1A, BLOCK 1, EASEMENT VACATE! 00 00311 AC (1,356 SO FEET) B 6'1124'11 W... -.186127' GANOY-50 EkrS0N LOT s, BLOCK 1, GUSTO 1INC,BD., i.T., DOC. No. 1996 21256, o P.R.N.c T. PMc IN Rd GANDY-ROBERTSON C. DOC. NO. 1996021256, 1, 0..N.c.TD.T LOT 1A, BLOCK 2, DOC. NO. 2011010909, O. P.R.N.G.T. NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • O.P.R,N_C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • fE = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED © UCC1-2.7. -1d GAR,. CLINIC CHAMPION SUBP LOT 1B, BLOCK 2, DOC NO. 2013015315, 0.P.P.N.C.T 1, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 15TH DAY OF DECEMBER, 2016. EGISTERED PROFESSIONAL SURVEYOR LICENSE NO. 5886, STATE OF TEXAS EXHIBIT 06106NG EASEMENT TO BE VACATED OUT OF LOT 1A, BLOCK 1 GUSTO SUBDIVISION, VOLUE 47, PAGE 161, M . N.C.T. AND ALL OF LOT 6, BLOCK 1, GUSTO SUBDIVISION, VOLUME 44, PAGE 163, M.R NC T_ DRAWN DATEXD8 12808016 X ) S . SURVEYING I YIPPING APPROVED XDS DATE 12,21,2016 SCALE 1" -,01' pioA_cisr,q.o. PAC'ATL1' 1.(Y1' 1A - BLOCK 1 X D 5 LAND 004057167, lLC P H O N E: 2 1 0. 7 1 7 1 5 3 avie0059104 006 :0:14:7.,0 TOM REGISTRATION 10194 :70 Exhibit B-3 LOCATION MAP (N.T.S.) WOOLDRIDGE ROAD (75 0. lz_0 W.) S 61'26'11" E 5.00' DING IJNE" CORPUS CHRISTI, TEXAS 80 120 GANDY-ROBERTSON IN LOT 1A DOC N0. 1996021256, O.P.R.N.C.T. GANDY-ROBEOON LOT 4 163GUSTO M C. N0. 1996021256, 0 P.R.N.0 i. LOT , BLOCK 1, EASEMENT VACATE: 00237 ACRES (1,031 SO. FEET) PL GANDY-ROBERTSON INC soBD 1 DOC. NO. 1996021256, 0.PRN.C.T. �S 61'26'11" E 26.27' N 61'26'11" W 26.27' _NTS u DOC. No. 2011010009, O.P.R.N C T. NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • 0.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • R = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED 0 UCC1 —2.7. N 61'26'11" W 5.00' SARTVEN CLINIC LL LOT CHAMPION LOCK 2,PG. DOC. N0. 20 5 130 3115, O. P.R N.C.T. I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 15TH DAY OF DECEMBER, 2016. 0O8- F SANOJVAL Vy JWI9 R :. zpyo SURF5886 EGISTERED PRO FESS IONAN'L Lass SURVEYO LICENSE NO. 5886, STATE OF TEXAS EXHIBIT SHOWING 1, GUSTO SUBDIVISION, LOT 6, BLOCK 1, M.R.N.C.T. XHIsITS TO BE VACATED OUT OF LOT 2A, BLOCK VO UE 47, PAGE 161, M. R.N.1,T. AND ALL OF GUSTO SUBDIVISION, VOLUME 44, PAGE 163, DRAWN xIri DATEXD 12 2011016 S p q SUPIIYISIII 1 i�Pl INU • APPROVED DATE 1'21.2018 SCALE I"-40' PROJECT NO. 10114214116411- VACATE Iill' 2A, BOCK 1 005 AND (16111(6 LC. P110 81 20.71 B 7 158 av 12,3740,0-C9 1. G-9, FiK.M REGISTRATION 10114170 NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • R = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED © UCC1-2.7. Z- Obi TON ° c> ,v/1/ 0 z Q o epi QR L 004110 N M A P CORPUS CHRISTI, TEXAS. LOCATION MAP SHOWING EASEMENT BLOCK 1, GUSTO SUBDIVISION, VOLUE AND ALL OF LOT 6, BLOCK 1, GUSTO PAGE 1 6 3 , TO BE VACATED OUT OF LOT 6, 44, PAGE 163, M.R.N.C.T. SUBDIVISION, VOLUME 44, M .5. N . C . T. xDRAWN r>S DATE 12 20/20161x1 T T D S EPPING APPROVED XDS DATE 1`2/21 010 ■ SURVEYING1 SCALE PROJECT NO. x95 LAND SURVEYING, LLC. Fh1GNE: 210.718.7189 vie rd san d ov al@g mail. corn FIRM REGISTRATION 101 95 1 70 Aerial Overview Vicinity Map Proposed Plat (Combining 3 lots to 1 lot. All existing structures to be demolished) Existing 15Utility Easement to be vacated & abandoned. CR 207 18 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: June 13, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Dan Grimsbo, Interim Executive Director of Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Water Line Easement Dedication to San Patricio Municipal Water District on City -owned land near U.S. Highway 77 in San Patricio County CAPTION: Ordinance granting a twenty-five (25) foot wide Water Line Easement and thirty-five (35) foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one (1) 24 -inch water line on City owned property near U.S. Highway 77 in San Patricio County; authorizing the City Manager or designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. PURPOSE: This ordinance dedicates a Water Line Easement and a temporary work easement to the SPMWD which enables them to construct a potable water line across the City's land for purposes of supplying potable water to the public. BACKGROUND AND FINDINGS: The SPMWD is presently acquiring easement rights for a replacement pipeline system to connect to the existing pipeline approximately 2.5 miles from the City of Corpus Christi's Cunningham Water Treatment Plant to the West Portland Pump Station, San Patricio County, Texas. This proposed pipeline system is being installed in three phases. The first two phases have been completed. The completion of the final phase will allow the SPMWD to begin purchasing treated water from the City again under the existing 1997 contract between the SPMWD and the City. Construction for the last phase is scheduled to begin in August 2017. This pipeline system proposes to cross the City's property that is the responsibility of the Water Department. The City recently received a request from the SPMWD to purchase or dedicate a Water Line Easement for a pipeline which would cross the City's property near U.S. Highway 77 in San Patricio County as shown on the attached City Council Exhibits. The pipeline will cross the Mary Rhodes Pipeline. The City's Department of Engineering, Water Department and Legal Department staff have evaluated the easement request and have no objection to its placement across the City's property. ALTERNATIVES: Do not dedicate the easement to the political subdivision. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority to dedicate this easement, as well as under the grant of powers under Section 1, Article X of the Charter. This ordinance conforms to Section 1, Article IX of the Charter. This dedication to the San Patricio Municipal Water District is authorized by state law, and specifically, under the Texas Local Government Code, Section 272.001 (I). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services Water Department FINANCIAL IMPACT: [ ] Operating [ ] Revenue [ ] Capital [X] Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A 413 Comments: No expenditures are required. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Water Line Easement Water Line Easement Exhibit Ordinance granting a twenty-five (25) foot wide Water Line Easement and thirty- five (35) foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one (1) 24 -inch water line on City owned property near U.S. Highway 77 in San Patricio County; authorizing the City Manager or designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. 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 the Water Line Easement and other related documents for the conveyance of the easement. Section 2. That the City Manager or designee is authorized to make minor amendments to the Water Line Easement and other related documents as may be necessary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED, this the clay of , 2017. Rebecca Huerta Joe McComb City Secretary Mayor Location of City of Corpus Christi Property Proposed Easement Crossing iwn 1A ® FM -44 PerronOa Tierra Grande LOCATION MAP NOT TO SCALE - Corpus Christi Spio co V� Water Line Easement Dedication to San Patricio Municipal Water District CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES war Corpus Chr sti Engineering Water Line Easement and Dedication to San Patricio Municipal Water District Council Presentation June 20, 2017 Project Location �hrsti Engineering North San Pedro Robstown Location of City of Corpus Christi Property Proposed Easement Crossing #1,3? v,ae, FM -44 O as Corpus Christi Sp/o Project Vicinity �hrsti Engineering CIO Edroy -Beginning of Proposed Water Line Cunningham Plant Robstown ITo Colorado Rated Soon +, Morgan Farrn Are Taft Location of City of Corpus Chnstr Property Proposed Easement Crossing .N. Stevens Water Plant LEGEND Proposed 24" PVC Water Line - Existing Mary Rhodes Pipeline - Existing 24" Water Line End of Proposed Water Line Corpus Christi Poetarr 1 Gregory ingies.ae San Pattics(' Water Facilities rges de on me Bay 3 Project Scope Corpus Chr sti Engineering • San Patricio Municipal Water District (SPMWD) is acquiring easement rights for a replacement pipeline to connect the existing pipeline 2.5 miles from the City of Corpus Christi's Cunningham Water Treatment Plant. • Will allow the SPMWD to begin purchasing treated water from the City under an existing contract • Dedicates a 25 foot wide Water Line Easement and 35 foot wide temporary work easement to the San Patricio Municipal Water District • Pipeline will cross under the Mary Rhodes Pipeline WATER LINE EASEMENT (PARCEL 4) STATE OF TEXAS COUNTY OF SAN PATRICIO § DATE: , 2017 GRANTOR: City of Corpus Christi, a municipal corporation (hereafter collectively called "GRANTOR") GRANTOR'S MAILING ADDRESS: 1201 Leopard St., 3rd Floor Corp us Christi, Texas 78401 GRANTEE: San Patricio Municipal Water District GRANTEE'S MAILING ADDRESS: P.O. Box 940 Ingles ide, Texas 78362 CONSIDERATION: Ten D ollars ($1 0.00) an d oth er go od and v aluable c onsideration, the rec eipt and sufficiency of which are hereby acknowledged. EASEMENT PROPERTY: A tract of land consisting of 0.086 acres, more or less, being out of the 11.001 acre City of Corpus Christi Tract 3B, as described in a deed recorded in Document No.539670, Deed Records San Patricio County, Texas. Said 0.086 acre easement also being out of the J.H.W. Ottman Survey, Abstract 213, San Patricio County, Texas, same being more particularly described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein for all purposes. PROJECT: For the purpose of 1 aying one (1) w ater pipeline and all necessary or desirable appurtenances thereto including, without limitation, cleanouts, valves, meters and manholes. Except as otherwise provided in this EASEMENT, all of the foregoing facilities will be buried a m inimum of thirty -six (3 6) inches below the surface of the EASEMENT PROPERTY at all places. The PROJECT includes the placement or installation of above -ground water pipeline markers at existing and/or future fences, and at the edges of roads and the edges of property lines. GRANTOR, for th e CONSIDERATION of th e mutual benefit oft he parties hereto, hereby grants, dedicates, and conveys to GRANTEE a perpetual easement and right-of-way in, upon, under, over and across the EASEMENT PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE' s successors an d assigns forever. T he easement, right-of-way, rights , an d privileges h erein granted shall b e use d for the purposes of exc avating for, lay ing, constructing, placing, o perating, m aintaining, reco nstructing, re placing, re building, upgrading, renew ing, removing, inspecting, patrolling, changing, modifying, or repairing the PROJECT, or any part of the PROJECT, and making connections therewith. GRANTOR also gr ants to GRANTEE a temporary construction easement in, upon, over, and across a thirty-five (3 5) foot strip of land that is adjacent to either, but not both, of the boundaries of the EASEMENT PROPERTY for the purposes of constructing and laying the PROJECT in the EASEMENT PROPERTY. This temporary constru ction e asement sha 11 a utomatically e xpire whe n t he PROJECT is placed in service. GRANTOR also grants to GRANTEE a tem porary wo rk easem ent, to be ex ercised after initial installation of the PROJECT, in, upon, over, and across a thirty-five (35) foot strip of land that is adjacent to either, but not both, the boundaries of the EASEMENT PROPERTY for the purposes of excavating for, laying, 2 constructing, placing, o perating, m aintaining, reco nstructing, re placing, re building, upgrading, renew ing, removing, ins pecting, patrolling, changing, m odifying, or repair ing of the PRO JECT, or a ny part oft he PROJECT, in the EASEMENT PROPERTY. GRANTEE shall have the right of ingress and egress at all tim es upon and acros s the EASEMENT PROPERTY for the above stated purposes. In the event that immediate access to the EASEMENT PROPERTY is not reasonably available over the EAS EMENT PROPERTY, and only in that event, then GRANTEE shall have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obta ining such access. In t he event that such access is not rea sonably available over t he EASEMENT PROPERTY and not available over existing roads, and only in that event, GRANTEE shall have the right of re asonable ingress and egr ess over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain such access. GRANTEE shall have the right to install and maintain appropriate gates along and in any fence, as necessary or appropriate for the exercise of GRANTEE's rightof ingress and egress on the EASEMENT PROPERTY or adjacent property of GRANTOR. GRANTEE shall have the right to license, permit or otherwise agree to the joint use or occupancy of the EASEMENT PROPERTY by any other person or entity for the purposes set out herein. GRANTOR agrees that GRANTOR shall not place any structure or materials in or on the EASEMENT PROPERTY that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the PROJECT or the rights of ingress and egress granted herein. GRANTOR, its successors or assigns, shall not place or store any material upon, or cover, bury, pave over, or otherwise obstruct, any clean out, valve, meter, or manhole located within the EASEMENT PROPERTY. GRANTOR shall not plant trees or shrubs of any kind within the boundaries of the EASEMENT PROPERTY. In theevent that GRANTOR shallplace any unpermitted structure or materials within the boundaries of the EASEMENT PROPERTY and fails to remove same within ten (10) days of receipt of writte n notice de livered certified m ail, re turn re ceipt reques ted by GRANTEE, GRANTEE shall have the right, but not the obligation, to remove such structur e or material. In the event, GRANTEE removes such unpermitted structure or materials from the EASEMENT PROPERTY, GRANTOR shall reimburse GRANTEE for any and all costs connected with such re moval including, but not lim ited to, contractors' fees, equipment costs, and notification costs, within thirty (30) days after receipt of written notice of such costs from GRANTEE. In the event GRANTEE shall be required to cut or go through any of the fences of GRANTOR in laying the proposed pipeline, it is agreed that prior to cutting any such fences, GRANTEE shall first brace the existing fence adequately on each side of the proposed cut, so that when the fence is cut there will be no slackening of the wires. If G RANTEE sha 11 el ect t o m aintain an opening i n any of the f ences of G RANTOR duri ng th e construction of said pipeline, GRANTEE shall be obligated to install a good and substantial wire gap capable of turning cattle from such opening, and GRANTEE shall keep such gap securely closed at all times when not in actual use; and upon the completion of the construction of said pipeline, GRANTEE shall close all openings and shall restore such fences to their condition as existed prior to construction, or GRANTEE may install gates in fences where the EASEMENT PROPERTY crosses any farce line. GRANTEEmay install agate on any existing or future fences located on the EASEMENT PROPERTY. Such gates shall be provided with "H" braces. Gates shall be m aintained by GRANTEE a nd be capable of turning lives tock. GRANTEE shall keep such gates securely closed when not in actual use. GRANTOR and GRANTEE each shall furnish separately keyed locks for all locked gates, and locks shall be separated by no fewer than three links of chain so as not to mistakenly or in error, lock out either GRANTOR from its property or GRANTEE from its EASEMENT PROPERTY. All fence re lated work will be done in a go od and work manlike m anner. GRANTEE will make reasonable efforts to use like posts, wire and gates in order to match GRANTORS existing posts, wire and gates. 3 GRANTOR shall have t he right to use the surface of the EASEMENT PROPERTY, subjec t to the restrictions set out herein, so long as such use does not interfere with the PROJECT. The easement, rights, and privileges conveyed by this conveyance are nonexclusive, and GRANTOR reserves and ret ains the right to convey sim ilar rights and easements to such of her persons as G RANTOR may deem proper. H owever, notwithstanding anything to the contrary herein, any such conveyance of similar rights and easements within the EASEMENT PROPERTY to such other persons as GRANTOR may deem proper shall be subject to the written approval of GRANTEE. GRANTOR m ay not pave ov er any p art of th e EA SEMENT PRO PERTY w ithout t he ap proval of GRANTEE. If GRANTOR desires to pave over any part of the EASE MENT PROPERTY, GRANTOR shall submit the plans and s pecifications for the paving to GRANTEE for approval, which approval will not be unreasonably withheld. GRANTOR may not tap i nto or use w ater from the water p ipeline(s) constructed in the EASEMENT PROPERTY. GRANTEE agrees that uponcompletion of construction of the PROJECT, all surplus excavation, debris, trash, or 1 itter resul ting fro m construe tion sh all be c leaned u p and disposed of off G RANTOR's property . GRANTEE at all times after completing any work in c onnection with the construction will restore the surface of t he EASEMENT PROPERTY, as n early as pra cticable, to t he c ondition i n wh ich the EASEMENT PROPERTY was found immediately before such work was undertaken; however, GRANTOR understands and agrees that vegetation cleared from the EASEMENT PROPERTY will not be replaced. It is understood and agreed that the CONSIDERATION herein paid includes payment for all damages for the initial construction and ordi nary operation and maintenance of the PRO JECT but do es not include damages, if any, to GRANTORS remainder property which may occur in he future after the original construction of the PROJECT, directly resulting from the reconstruction or repair of the PROJECT. GRANTEE shall not be liable f or da mages cause d by kee ping the EA SEMENT PRO PERTY clear of trees, u ndergrowth, brush, structures, or other obstructions. All p arts of the PRO JECT installed on the EASEMENT PROPERTY shall remain the exclusive property of GRANTEE. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the EASEMENT PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE's use of the EASEMENT PROPERTY. The rights granted to GRANTEE in this EASEMENT shall be and are assignable in whole or in part. This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their heirs, successors, and assigns. GRANTOR warrants and shall fore ver defend the easement to GRANTEE against anyone lawfully claiming or to claim the easement or any part thereof. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the employees, agents, subsidiaries, officers, servants, contractors, successors and assigns of GRANTEE. 4 This instrument may be executed in duplicate originals, and each counterpart shall be deemed an original and all such counterparts together shall constitute one and the same instrument. Signed to be effective the day of July 2017. Approved as to form; -6/ 1114 Assistant City Attorney For City Attorney GRANTOR: CITY OF CORPUS CIIRISTI By: Name: Valerie H. Gray, P.E. Title: Executive Director, Public Works GRANTEE: SAN PATRICIO MUNICIPAL WATER DISTRICT By: Brian Willi ar s, Ma%ager/District Engineer 5 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF NUE CE S This instrument was acknowledged before me on the day of July , 2017, by Valerie H. Gray, P.E. ,Exec. Director Public Works of CITY OF CORPUS CHRISTI, a municipal corporation. Notary Public, State of Texas Typed or Printed Name My Commission Expires: STATE OF TEXAS COUNTY OF SAN PATRICIO This instrument was acknowledged before me on the 24 day of 'v `a'1 , 2017 by Brian Williams, Manager/District Engineer of SAN PATRICIO MUNICIPAL WATER DISTRICT, a conservation and reclamation district and political subdivision of the State of Texas duly created by the State of Texas pursuant to Article 16, Section 59, Texas Constitution on behalf of that District. `A REBECCA B. KRUMNOW Notary Public STATE OF TEXAS ..... My Comm. Exp. 01-17-2018 AFTER RECORDING RETURN TO: R. Bryan Stone Upton, Mickits & Heymann, L.L.P. Frost Bank Plaza 802 North Carancahua, Suite 450 Corpus Christi, Texas 78401 6 Rizie_ec, Notary Public, State of Texas iLe.he«a B. krww.v oi.,) Typed or Printed Name EXHIBIT A STATE OF TEXAS COUNTY OF SAN PATRICIO Field Notes of a 0.086 acre Permanent Easement, being out of the 11.001 acre City of Corpus Christi, Tract 3 B, as described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas. Said 0.086 acre Permanent Easement also being out of the J. H. W. Ottman Survey, Abstract — 213, San Patricio County, Texas. Said 0.086 acre utility easement being more particularly described as follows: BEGINNING at a point for the northeast corner of a 11.001 acre City of Corpus Christi called Tract 3B, and described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas, for the southwest corner of the tract called Tract 3C in the said deed to City of Corpus Christi, and for the northwest corner of the 46.117 acre Coastal Ben Bays & Estuaries Program, Inc. called Tract 9, as described in a deed recorded in Document No. 518347, Deed Records San Patricio County, Texas, and for the east corner of this easement. THENCE with the southeast boundary of said Tract 3B, South 53°51'27" West, a distance 25.00 feet to a point in the southeast boundary of said Tract 3B, for the south corner of this easement. THENCE North 36°37'46" West, a distance of 150.02 feet to a point in the southeast boundary of Tract 7, being described in said deed recorded in Document No. 518347, and for the west corner of this easement. THENCE with the southeast boundary of said Tract 7, North 53°51'29" East, a distance of 25.00 feet to a point for the southwest corner of the said Tract 3C, and for the north corner of this easement. THENCE South 36°37'48" East, a distance of 150.02 feet to the POINT of BEGINNING, and containing 0.086 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald . Brister, RPLS No. 5407 Date: December 3, 2015. Job No. 151729 STATE OF TEXAS COUNTY OF SAN PATRICIO Field Notes of a 0.121 acre Construction Easement, being out of the 11.001 acre City of Corpus Christi, Tract 3B, as described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas. Said 0.121 acre Construction Easement also being out of the J. H. W. Ottman Survey, Abstract — 213, San Patricio County, Texas. Said 0.121 acre utility easement being more particularly described as follows: COMMENCING at a point for the northeast corner of a 11.001 acre City of Corpus Christi called Tract 3B, and described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas, for the southwest corner of the tract called Tract 3C in the said deed to City of Corpus Christi, and for the northwest corner of the 46.117 acre Coastal Ben Bays & Estuaries Program, Inc. called Tract 9, as described in a deed recorded in Document No. 518347, Deed Records San Patricio County, Texas, THENCE with the southeast boundary of said Tract 3B, South 53°51'27" West, a distance 25.00 feet to a point in the southeast boundary of said Tract 3B, for the south corner of the permanent easement, for the east corner of this easement, and for the POINT of BEGINNING. THENCE with the southeast boundary of said Tract 3B, South 53°51'27" West, a distance 35.00 feet to a point in the southeast boundary of said Tract 3B, for the south corner of the permanent easement THENCE North 36°37'46" West, a distance of 150.02 feet to a point in the southeast boundary of Tract 7, being described in said deed recorded in Document No. 518347, and for the west corner of this easement. THENCE with the southeast boundary of said Tract 7, North 53°51'29" East, a distance of 35.00 feet to a point for the west corner of the said permanent easement, and for the north corner of this easement. THENCE South 36°37'48" East, a distance of 150.02 feet to the POINT of BEGINNING, and containing 0.121 acres of land, more or less. Notes: I .) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald . Brister, RPLS No. 5407 Date: December 3, 2015. Job No. 151729 EXHIBIT B SURVEY OF A 0.086 ACRE PERMANENT EASEMENT, BEING OUT OF THE 11.001 ACRE CITY OF CORPUS CHRISTI, TRACT 3B, AS DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 539670, DEED RECORDS SAN PATRICIO COUNTY, TEXAS. SAID 0.086 ACRE PERMANENT EASEMENT ALSO BEING OUT OF THE J. H. W. OTTMAN SURVEY, ABSTRACT - 213, SAN PATRICIO COUNTY, TEXAS. r SCALE 1" = 25' • = POINT COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. TRACT 7 - 15.797 ACRES S.P.C.C.F. NO. 518347 APRIL 22, 2003 COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. TRACT 8B - 1.879 ACRES S.P.C.C.F. NO. 518347 APRIL 22, 2003 N53°51'29"E 25.00' CONSTRUCTION EASEMENT 0.121 ACRES 5,250 S.F. PERMANENT EASEMENT 0.086 ACRES , 3,750 S.F. S53°51'27"W COASTAL BEND BAYS & 25.00' ESTUARIES PROGRAM, INC. 1264.96 ACRES S.P.C.C.F. NO. 518346 APRIL 22, 2003 'Sr COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. TRACT 9 - 46.117 ACRES S.P.C.C.F. NO. 518347 APRIL 22, 2003 Brister Surveying 4659 Everhart Suite 100 Corpus Christi, Texas 78411 0E361-850.1800 Fax 361.850.1802 Bristenurveying@eurpus,twcbe.com Firm Registration Nu. 10072800 SURVEY DATE DECEMBER 3, 2015 JOB NO. 151729 NOTES: 1.) TOTAL SURVEYED AREA IS 0.086 ACRES. 2.) MEASURED BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM NAD 83 (93) 4205 DATUM. 3.) A METES AND BOUNDS DESCRIPTION OF EQUAL DATE ACCOMPANIES THIS SURVEY. THIS SURVEY DOES NOT INCLUDE THE RESEARCH, INVESTIGATION, OR LOCATIONS OF ALL SERVITUDES, EASEMENTS, RIGHT OF WAYS. OR UTILI77ES ON THIS PROPERTY. 1, RONALD E. BRISTER DO HEREBY CERTIFY THAT THIS SURVEY OF THE PROPERTY LEGALLY DESCRIBED HEREIN IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. e RO ALD E. BRISTER R.P.LS. NO. 5407 '= COASTAL BEND ESTUARIES PROGRAM, TRACT 7-15. S.P.C.C.F. N0.51834� Ji S.P.0 '21-22 ' O O 4 m — _ Q _ Q '- - •�WITH P.I.STA 043+27±_ NSTALL 24" DI,MJ 95 BEND, BAYS & . 24" FOSTER ADAPTER AND 1 _ __ INC.124" DI, MJ 22.5° BEND ' �� ""' COASTAL PIPELINE 97ACRES WITH RESTRAINTS 61 2ar3 '°•STA. 043+q0±_ EXISTING 24'CSC WATERLINE r•'Y '�'-'"g .,. .. ,INSTALL 24" DI, MJ 22.5° BEND >'WITH RESTRAINTS � .STA. 043+68± - J� . INSTALL 24" DI, MJ 22.5 BEND WITH RESTRAINTS EXISTING 64" WATERLINE- ---- -' 4' COVER TYPICAL STA. 043+85±- -. INSTALL 24" DI, MJ 22.5° BENDrip RESTRAINTS - ' MM ,T.. — CD' OF CORPUS CHRISTI _ X=1272520.6257 MUMW —PROPOSED 24" C-905, DR 25 - Zw`' STA. 041+00 TO STA. 054+00 24" TREATED TRANSMISSION WATERLINE PROJECT - PHASE 3 SAN PATRICIO MUNICIPAL WATER DISTRICT w O Z O + < v X - 1271518.4056 Y= 17224094.3583 - ., STA.044+00 EXHIBIT'P 1RACT3C-8.646 ACRES PVC WATERLINE s.P.c.c.E No.539670 Z / DDECEMBER 21, 20D4 55 o 8 a O O h h h N - Y = 17224631.2546 Z - - w + + '} Q _ ar � > - . STA. 045+00 CITY OF COOUS CERISTI 1 • EXHIBIT'E.-TRACT 38- 11 DDI ACRES I I I wr— 1 C•, i W O C F NO.539670 DECeBER 21, 2004 ' ,y n '.• � ": � P.I.STA.045+02+- P STA 049+1QF P.I. STA. 047+35±.' DEFLECT PVC TO O INSTALL 24' DI,MJ 95 BEND DEFLECT PVC TO WITH RES RAINS OBTAIN ALIGNMENT U z OBTAIN ALIGNMENT -5 COASTAL BEND BAYS & $ Z NLL' \ ESTUARIES PROGRAM, INC. ,, y 0 w 4 TRACT 9 46.117 ACRES 4 0 .. S.P.C.CENO. SI8347 4 �� • >r. •.-, . ,.,"s . __ , APRIL22,20D3 1. i'� ZS.PC . - -E U 0 < < 1 4 , Xry` •'.Y t 1300 LF 94" DR 25 C-905 PVC WATERLINE 28 ,. EXISTING GRADE _........iiii28 2a MIMOF 24 24 0_1210 20 24 @' 24@'2.030 24"@00•., 1221% 20 24 @ +1 313= 216 z 16 Rnms.. ° .ssces 24 @ 0.931, 24"@ 0.0•'1 Yeo 0 12 24.•@,2e 4T ...Al m �_ 6 12 QO `L 08 O O O P.11 STA. 043+43± INSTALL 24" DI, MJ 22.5° BEND 8 8 INSTALL 24" DI, MJ I.E. 16.90± O O O 0 08 u,s INSTALL 24" DI, MJ 90°, FQSTEF ADAPTER AND 24" DI, MJ 22.5 LE 13.61 _, , OZ O+ 04 Z D J +i O - O Q +i O+ Q N °T 0 INSTALL 24 MJ 225° BE LE1541±- P . STA. 04 O+ O Q O+ Q O+ Q m O+ Q p. Q �T Z J 04 U O N N O o •O Q c� Q-� v2 Q- $ N �0• t -Q-� N N N v� N '- N o cd C�TT N SHEET NUMBER oem3c 00 y Q 2Mw m wC�w . m ., - cz2- _ - -m- 0- D- Dw m Dw 0w 0`ll Q 2w °°0009 041+00 042+00 043+00 044+00 045+00 046+00 047+00 048+00 049+00 050+00 051+00 052+00 053+00 054 00 19 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 20, 2017 Second Reading Item for the City Council Meeting of July 11, 2017 DATE: TO: June 13, 2017 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 Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Transfer Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach CAPTION: Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by $1,010,826 each. PURPOSE: This is a financial item to complete the transfer of funds requested by the Corpus Christi Business and Job Development (Type A) Board for additional improvements to the Water's Edge Park. BACKGROUND AND FINDINGS: The Bayshore Park Improvement Project (the Water's Edge Park) was approved by City voters in November 2008. After completion of street re -alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design -build contract to Fulton Coastcon in the amount of $5.08 Million. Improvements to the parking lot at the old Memorial Coliseum site were not included. There was a budget allowance for pier improvements at McGee but it allowed for a very limited scope of work. On February 20, 2017, the Type A Board approved the appropriation of $424,500 in Seawall Improvement funds to improve the parking lot at the old Memorial Coliseum site. This project was requested by the Bayshore Park Task Force to improve site access and create additional programable event space. Work includes reconstruction of the parking lot, adjacent curbs and gutters, and lighting. If Council approves the transfer of funds, work will be executed by Grace Paving through the City's IDIQ Contract for minor street work. There are improvements to the McGee Beach Breakwater currently in the approved FY 2016-17 Capital Improvement Program (CIP). The total program was shown as a $3.5 million effort with $500,000 in the current fiscal year. The Type A Board approved expanding the scope of work for the Bayshore Park project to include additional improvements contemplated under the CIP project. Leveraging the Bayshore Park funds with the Seawall CIP funds would provide synergy and efficiencies. On May 15, 2017, the Type A Board approved and appropriated an additional $86,326 of Type A proceeds, as well as, the $500,000 currently identified in the CIP to fund the proposed scope of additional improvements to the McGee Beach Breakwater Pier and walkway. The additional improvements will provide a more robust pier, including a shade structure, better aesthetics and a new elevated walkway that provides better access to the breakwater cap. This work will be accomplished via a change order to the Bayshore Park Improvements design -build contract. Additional improvements to the McGee Beach breakwater and breakwater cap are programmed in the CIP. ALTERNATIVES: Do not transfer the funds or approve the change orders. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policies regarding transfer of Type A funds. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Current Year Future Years TOTALS Line Item Budget $500,000 $500,000 Transfers — Parking Lot (This Item) 424,500 424,500 Transfers — Additional Pier Imps (This Item) 86,326 86,326 Revised Budget $1,010,826 $1,010,826 Fund(s): Type A Seawall Comments: N/A RECOMMENDATION: Approval of the appropriation and transfer and appropriation of Type A funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TRANSFER AND APPROPRIATE $1,010,826 FROM NO. 1120 SEAWALL IMPROVEMENT FUND INTO THE NO. 3271 SEAWALL CAPITAL FUND; CHANGING THE FY 2017 OPERATING BUDGET AND FY 2017 CAPITAL BUDGET TO INCREASE REVENUES AND EXPENDITURES BY $1,010,826 EACH. BE IT WHEREAS, the Bayshore Park Improvement Project (Bond 2008) was approved by voters in November 2008; WHEREAS, a Design -Build contract was awarded to Fulton Coastcon in 2016 with a defined conceptual scope to be refined with stakeholder input and constructed within a set budget; WHEREAS, the contract scope did not include improvements to the parking lot at the old Memorial Coliseum site; WHEREAS, on February 20, 2017, the Corpus Christi Business and Job Development Corporation approved the appropriation of Type A funds in the amount of $424,500 for improvements to the parking lot at the old Memorial Coliseum site to enhance continuity with the Seawall and create additional programmable event space. The parking lot improvements will be performed under the City's IDIQ contract for minor street work; WHEREAS, on May 15, 2017, the Corpus Christi Business and Job Development Board approved the appropriation of Type A funds in the amount of $86,326 for construction of the Marina Breakwater Pier Improvements. The $86,326 will be added to the approved 2017 Capital Improvement Budget of $500,000 in Type A funds for the improvements; WHEREAS, the City's financial management process requires funds to be appropriated and transferred from a City of Corpus Christi operational account to and appropriated into a capital expenditure account prior to expenditures of Type A Board monies. ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $424,500 from the No. 1120 Seawall Improvement Fund is transferred to and appropriated into the No. 3271 Seawall Capital Fund Project E17045 for the Water's Edge Park Parking Lot project; SECTION 2. An amount of $586,326 from the No 1120 Seawall Improvement Fund is transferred to and appropriated into the No 3271 Seawall Capital Fund Project E16318 for the Marina Breakwater at McGee Beach project. SECTION 3. The FY 2017 Operational Budget adopted by Ordinance No. 030965 is changed to increase expenditure in the amount of $1,010,826. SECTION 4. The FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 is changed to increase revenues and expenditure in the amount of $1,010,826. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 20 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: TO: June 13, 2017 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 Execute Change Order No. 1 Bayshore Park Improvement Project (Bond 2008) Marina Breakwater at McGee Beach (CIP) CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of $712,326 for additional park improvements. (Bond 2008 and Capital Improvement Program) PURPOSE: The purpose of this item is executing a change order to the Bayshore Park Improvement contract. The additional scope includes work requested and funded by the Corpus Christi Business and Job Development Board (Type A) Board and the additional work for the dog park that is funded through private donations. BACKGROUND AND FINDINGS: The Bayshore Park Improvement Project was approved by City voters in November 2008. After completion of street re -alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design -build contract to Fulton Coastcon in the amount of $5.08 Million. The original contract scope included limited improvements for a dog park located in McCaughan Park and superficial pier improvements at McGee Beach. On April 25, 2017, City Council approved the acceptance and appropriation of private donations for the further development of the dog park. The $126,000 private donation will fund the portion of Change Order No. 1 that provides additional amenities to the dog park. On May 15, 2017, the Type A Board approved using $500,000 available in the approved FY '16-17 Seawall CIP plus an additional $86,326 of Type A proceeds for improvements to the McGee Beach Breakwater Pier. The additional improvements include a shade structure, structural repairs, landscape features, aesthetic improvements and a new walkway connected to the breakwater cap. A future Type A project (total budget $3 million) is programmed to make further improvements to the McGee Beach Breakwater including a new concrete breakwater cap. Change Order No. 1 contains the following proposed work items related to the Dog Park and McGee Beach Pier: Dog Park Improvements — Provides for additional improvements to the dog park at McCaughan Park for a total of $126,000. Work includes separate fenced areas for large and small dogs, crushed granite, a shade structure with benches, dog waste stations (2), pet fountains (2), grassy open areas (2) and additional landscaping. McGee Beach Pier Improvements — Provides for structural repair of the understructure of the concrete pier deck, new shade structure, electrical service extension to the breakwater structure, pier lighting, breakaway panels on the pier outer structure to slow sand migration, and a new concrete planter for landscaping adjacent to the pier in addition to the work programmed within the Bayshore Park project for a total amount of $586,326. Combining the scope from the approved CIP project with the Bayshore Park project enhances the overall Bayshore Park project, accelerates the needed improvements and reduces cost. The final breakwater cap improvements are programmed for inclusion in the FY '17-18 CIP. ALTERNATIVES: Do not approve the change order. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policies regarding approval of change orders. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Current Year Future Years TOTALS Line Item Budget 5,300,000 712,326 $6,012,326 Encumbered and Expended Amounts 5,245,789 54,211 5,300,000 Change Order 1 Dog Park (This item) 126,000 126,000 Change Order 1 Pier Imps.(This Item) 586,326 586,326 BALANCE 54,211 -54,211 0 Fund(s): Community Enrichment, Type A Seawall, Bond 2008 Comments: N/A RECOMMENDATION: Authorize the execution of Change Order No. 1 in the amount of $712,326 to add work items related to the Dog Park and McGee Beach Pier improvements. LIST OF SUPPORTING DOCUMENTS: Budget Change Order Location Map Powerpoint Form 1295 PROJECT BUDGET ESTIMATE Bayshore Park Project June 14, 2017 FUNDS AVAILABLE: Bayfront Development Plan, Phase 3 (Bond 2008) $ 5,300,000 Type A Board Sales Tax Appropriation (Pier) 86,326 Public Health Safety CIP (Seawall Breakwater/Pier) 500,000 Private Donation (Dog Park) 126,000 Total $ 6,012,326 FUNDS REQUIRED: Construction: Design Build Services for Bayshore Park (Fulton Coastcon) $ 5,080,000 Change Order 1 - Dog Park Enhancements and Pier Improvements THIS ITEM 712,326 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) 35,533 Engineering Services (Project Mgt, Design Review and Construction Inspection) 183,817 Misc 650 Total $ 6,012,326 Estimated Project Budget Balance $ 0 1114 z 1 _v 1 Texas State Aquarium Q IH -37 Corpus Christi PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E15152 Bayshore Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CORPUS CHRISTI PARKS& FaLciAL"1 ON Bond 2008 - Proposition 7 Bayfront Master Plan Project Council Presentation June 20, 2017 Project Location IH 37 Corpus Christi • O� /?O BAYSHORE PARK] Spio �hrsti Engineering 2 Project Vicinity �hrsti Engineering Scope 0 �hrsti Engineering This change order will provide for enhancements to the Bayshore Park Improvements projects: New dog park ($126,000) ✓ Crushed granite ✓ Shade structure with benches ✓ Separation fencing for large and small dogs ✓ Dog waste stations (2) ✓ Pet fountains (2) ✓ Grassy areas (2) ✓ Additional landscaping McGee Beach pier improvements ($586,326) ✓ Understructure rehab of the concrete pier deck ✓ New shade structure ✓ Electrical service extension to the breakwater structure ✓ Breakaway panels to slow sand migration ✓ New concrete planter for landscaping ✓ Type A funds appropriation 4 Pier Scope �hrsti Engineering CITY OF CORPUS CHRISTI GO BAYSHORE PARK -PIER CANOPY PRELIMINARY DESIGN PERSPECTIVE VIEWS ® 002 5 Project Schedule �hrsti Engineering 2017 J F M A M J J Construction A s O N * Substantial completion by June 30th, to allow full access for the Mayor's 4th of July Big Bang Celebration City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 1 CHANGE ORDER DATE: 5/22/2017 PRO.FECT: Bayshore Park - Design Build CONTRACTOR: Fulton Construction, Coastcon ENGINEER: Fulton Construction, Coastcon Make the following additions, modifications or deletions to the work described in the Contract Documents: I Parks and Rec Addition of Dog Park 2 Parks and Rec Structural Repairs to McGee Beach Pier Not in the Original Scopc 3 Parks and Rec Additional Pier Lighting Not in the Original Scope 4 Pgrkl and Rec Additional Landscaping Not in the Original Scope 5 Parks and Rec Additional Pier Shade Not in the Original Scope PROJECT NUMBER: E15152 CONI RAcrTIME: 350 CD I LS ®SI26,000/LS 5126,000 00 1 rs ®sss6,000/Is 5586,32600 Net Total of This Change Order S 712,326.00 Wiry was this Change necessary: Doe Park: Additional funds from private organizations arc being uscd to expand the project scope to include a dog park. 5lructural Work al Mc5et Bevil ktreakwater; There was a 5454,000 allowance in thc original Bayshore Park design/build proposal Additional work at the McGee Beach breakwater pier structure was required to create a safe and useable structure. The Type A Board had previously approved a project to make improvements to the pier and breakwater cap Type A agreed to supplement the Bayshore Park budget with additional Seawall CIP fiinds in order to accomplish the additional improvements to the McGee Beach Breakwater pier structure. How can similar changes be avoided in the future? Not applicable. The change order is being uscd as thc most appropriate vehicle to accomplish the additional desired construction work. The compensation agreed upon in this Change Order is fill!, complete and final payment for all casts Ike Contractor may Incur as a resell of ar tektite this change whether said casts are known, unknown, foreseen or unforeseen at this time, hnclading without limitation, any cast for delay, wended overhead, ripple or lntpad cost, or any other effect on changed or unchanged work ns a result of this Change Order. Original Contract Amount 5 Previously Approved Change Order Amount 5 Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Previous Change Order Contract Time Additional Time on This Change Order Revised Contract Time 5,080,000.00 S 712,326.00 5 5,792,326.00 14.02% 350 CD 63 CD 413 CD Recommended by Approved b FU : ' 0 RUCT10Ahs,CIYrCST '1N FULTON ate CITY OF CORPUS CUIUS'I'! 2407 Recommended 113: Recommended I+}. Recommended by: Recommended by: Lrnesto lie! Construct ffrc} is _ rnundc, P.B. Director of Engineering Services Eddie Houlihan, Director Management and Budget Date Janet Kellogg City Attorney Dale Approved by: Approved hy: Approved by: Date Valerie H. Cray, P.E. Executive Director of Public Works Date Mark Van Vleck Date Assistant City Manager Margie C. Rose City Manager Date CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-213975 Date Filed: 05/2512017 Date Acknowledged: 1 Narne of business entity filing form, and the city, state and country of the business entity's place of business. Fulton Construction Corp. / Coastcon Corp. - A Joint Venture 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. E15152 Design Build Services for Bayshore Park, Change Order No. 1 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) _ Controlling Intermediary Skrobarczyk, Philip Corpus Christi, TX United States X Skrobarczyk, Jennifer Corpus Christi, TX United States X Barnette, James Corpus Christi, TX United States X Lippincott, Michael Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT < I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ANY °"% AMANDA FOWLER ' 2 { Notary Public t " f� STATE OF TEXAS ► 4.:4.6.. 0 My Comm. Exp. 03-03.2018 r �✓' / �j ? AFFIX Sworn Signature of authorized agent of c tr g business entity NOTARY STAMP / SEAL ABOVE ` (� to and subscribed before me, by the said ; t t p Sl. Q E]f,,Q.. C• 1 1,/ , this the 19c� clay of Imn . 20 11 , to certify which, witness my hand and seal of office. r., _. t'1- Al2_ Am&ndo c i NOni f 5; 47/9.11'1-- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Signature Enrols nrnvidnd by TPXAs Fthirs r.nmmissinn www.ethics.state.tx.us Version V1.0.883 21 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: TO: May 25, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg©cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Executive Director of Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Ratification to Professional Services Contract Amendment Mary Rhodes Pipeline Phase 2 Capital Improvement Program CAPTION: Motion authorizing the City Manager or designee to execute a ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of $16,594,474 for the Mary Rhodes Pipeline Phase 2 (MRPP2) for construction management services. Capital Improvement Program (CIP) PURPOSE: The purpose of this agenda item is to obtain ratification of a professional services contract amendment. BACKGROUND AND FINDINGS: CIP Description: In 1992, the City entered into an option agreement for the purchase of up to 35,000 acre-feet per year of water rights from the Garwood Irrigation Company. Use of the water requires routing transmission facilities from the Colorado River to the Mary Rhodes Pipeline at a point just downstream of Lake Texana. Phase 1 (Delivery Options Study), Phase 2 (Permit Application) and Phase 3 (Land Acquisition) are complete. Design was complete in Fiscal Year 2013. Construction contracts were awarded in Fiscal Year 2014 and started in 2014. They will be complete in early Fiscal Year 2017. Project Background: In February 2014, City Council awarded two Construction Contracts for the Mary Rhodes Phase 2 project. Contract 1 included the pipeline work and was awarded to Garney Companies. Contract 2 included the intake, two pump stations and a sedimentation basin. Contract 2 was awarded to Oscar Renda Contracting. City Council also awarded a contract to Freese and Nichols, Inc. to serve as the Construction Manager for both projects. Although the project was successfully completed, the Oscar Renda construction went well beyond the contract period of performance. The construction delays required additional construction oversight services by Freese & Nichols. This item provides ratification of a final amendment for the extended construction oversight services. The details of the construction contracts are shown in the table below. Contractor Description Award Amount Construction Contract Terms Actual Completion Garney Companies Pipeline Sections A, B & C $ 84,121,405 Start: April 2014 Finish: August 2015 August 2015 Oscar Renda ContractingSedimentation Pump Stations & Basin $ 29,167,288 Start: April 2014 Finish: June 2015 September 2016 (Final: Feb 2017) ) The Oscar Renda contract provided for $3500 per day liquidated damages (LD's) and the contractor has gone 563 days beyond their contract completion date. The intent of the LD clause is to make the City whole for any additional costs incurred as a result of a contractor's inability to complete a project on time. Negotiations are ongoing with the Oscar Renda regarding the assessment of LD's and final closeout requirements. Currently retained amounts from Oscar Renda are more than adequate to cover the cost of the Freese & Nichols amendment. The details of the engineering and construction management contract with Freese & Nichols, Inc. are shown in the table below. Freese & Nichols, Inc. — Overall Construction Management Services Contract Description Amount Original and Amendments No. 1 - 16 Overall design, construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $ 15,990,992 On-site construction inspection Pump Station and Sedimentation Basin and Pipeline Section C. No. 17 (Proposed) Extended construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $ 603,482 On-site representation providing continuous monitoring of all construction activities including investigation and assessment on repairing the six million gallon GST. Total $ 16,594,474 ALTERNATIVES: 1. Authorize the execution of the professional services contract. (Recommended) 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Due to the uncertainty of construction completion for the pump station and sedimentation, this amendment contract is a ratification item to completion of punch list correction. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 153,462,300 13,961,700 167,424,000 Encumbered / Expended Amount 153,462,300 153,462,300 This Item 603,482 603,482 Future Anticipated Expenditures This Project 1,439,066 1,439,066 BALANCE 0.00 11,919,152 11,919,152 Fund: Water Supply CIP No. 1 Comments: This project is anticipated to be fully complete in July 2017. RECOMMENDATION: City Staff recommends approval of the ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of $16,594,474 for the Mary Rhodes Pipeline Phase 2 for construction management services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Form 1295 (in contract) Presentation PROJECT BUDGET ESTIMATE Mary Rhodes Pipeline Phase 2 PROJECT FUNDS AVAILABLE: Texas Water Development Board Loan $ 7,964,100 Water Revenue Bonds 159,459,900 TOTAL $ 167,424,000 FUNDS REQUIRED: Construction Fees. 119,180,850 Construction for Pipeline Sections A, B, and C 84,121,405 Change Order No. 1 99,923 Change Order No. 2 460,933 Construction for Pump Stations/Sedimentation Basin 29,167,288 Change Order No. 1 96,083 Change Order No. 2 330,019 Construction Contingency Remaining (5%) 4,677,477 Pump Station Pumps and Motors (Smith Pump Company, Inc.) (5% remaining cost)* 227,722 Design. 11,580,440 Engineer Design** 11,580,440 Construction Managemment and Observation. 6,693,976 Construction Management/Observation Services (FNI) INCLUDES THIS AMENDMENT 5,014,034 Construction Observation 1,679,942 Other 12,173,000 Legal Services*** 812,500 Land Acquisition 9,860,500 AEP Transmission Line Relocation**** 1,500,000 Reimbursements. 5,876,582 Contract Administration (Engineering/Finance/Capital Budget) 1,674,240 Engineering Services (Project Mgt/Constr Mgt) 3,850,752 Misc. (Printing, Advertising, etc.) 351,590 TOTAL 155,504,848 ESTIMATED PROJECT BUDGET BALANCE $ 11,919,152 *Purchase approved by City Council on December 10, 2016 by Motion No. M2013-179 **Original design contract approved by City Council on October 28, 2003 by Motion No. M2003-394 **Amendment No. 1 approved by City Council on October 19, 2004 by Motion No. M2004-387 **Amendment No. 2 approved by City Council on Decemberr 18, 2007 by Motion No. M2007-334 **Amendment No. 4 approved by City Council on March 9, 2010 by Motion No. M2010-051 **Amendmet No. 9 approved by City Council on July 30, 2013 by Motion No. M2013-125 ***Legal Services approved by City Council on July 12, 2011 by Motion No. 2011-164 ****AEP agreement approved by City Council on December 17, 2013 by Motion No. M2013-195 Colorado River se Lake Texa n a Edna Inez Bay City [Van Vleck y City Phase 1 77 Port Ref Wood . oro Od ren a_ PROJECT LOCATION Tvoli. • Seadrift Aust*eII u 1:- r 35 Aransas NWR ,Iii Christi PortlandPonland Corpus Christi Hack; i • Aransas Pass Ardrasas Pas$ Pon Aransas Port Aransas Mustang island r Matagorda island Pon i. LOCATION MAP NOT TO SCAI F Project Number: E10008 Mary Rhodes Pipeline Phase 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES _MEM CITY OF CORPUS CHRISTI RATIFICATION TO CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 17 The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Freese and Nichols, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Mary Rhodes Pipeline Phase 2 — Construction Management Services (Project No. E10008): Original Agreement October 28, 2003 Motion No. M2003-394 $116,100 Amendment No. 1 October 19, 2004 Motion No. M2004-387 $285,490 Amendment No. 2 December 18, 2007 Motion No. M2007-334 $911,997 Amendment No. 3 March 11, 2009 Administrative Approval $0 Amendment No. 4 March 9, 2010 Motion No. M2010-051 $9,676,590 Amendment No. 5 November 30, 2011 Administrative Approval $0 Amendment No. 6 January 14, 2012 Administrative Approval $49,940 Amendment No. 7 April 24, 2013 Administrative Approval $49,822 Amendment No. 8 May 29, 2013 Administrative Approval $49,900 Amendment No. 9 July 30, 2013 Motion No. 2013-125 $195,664 Amendment No. 10 February 15, 2014 Motion No. 2014-027 $3,965,785 Amendment No. 11 July 3, 2014 Administrative Approval $49,000 Amendment No. 12 August 15, 2014 Administrative Approval $48,500 Amendment No. 13 March 12, 2015 Administrative Approval $36,487 Amendment No. 14 January 12, 2016 Motion No. 2016-002 $513,767 Amendment No. 15 April 13, 2016 Administrative Approval $20,395 Amendment No. 16 July 11, 2016 Administrative Approval $21,555 In the Original Contract, Exhibit A, Section I. Scope of Services shall be amended as set forth in the attached Amendment No.17, Exhibit A. In the Original Contract, the Fees section shall be amended based on the modified scope of services in the attached Amendment No. 17, Exhibit A for a fee not to exceed $603,482, for a total restated fee not to exceed $16,594,474. All other terms and conditions of the October 28, 2003 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI ND NICHOLS, INC. _ r Jeff H. Edmonds, P.E. Date R n Gu man, P.E. Date Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com K \ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E10008 MARY RHODES PIPELINE PHASE 2\FREESE AND NICHOLS, INC\AMENDMENT NO 17\CONTRACT\CONTRACT2 DCC REV 10/1/15 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Name Mary Rhodes Pipeline Phase 2 Project Number E10008 Accounting Unit 4095-041 Account 550950 Activity E10008 -01 -4095 -EXP Account Category 50950 Fund Name Water 2015 MRP2 Amendment No. 17 for $603,482 F1M FREESE 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 February 13, 2017 Mr. Jeff Edmonds, P.E. Director of Engineering City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78469 Re: Mary Rhodes Pipeline, Phase 2 Construction Management Contract Amendment Dear Mr. Edmonds: Innovative approaches Practical results Outstanding servi Freese and Nichols, Inc. (FNI) is pleased to submit our contract amendment to provide extended Construction Management Services along with development of a sampling plan for the Mary Rhodes Pipeline, Phase 2 project. This contract amendment is to provide Construction Management Services for the extended schedule including project close out from March 10, 2016 through completion of punch list corrections. Item 1: Description Activity River Pump Station, Booster Pump Station and Sediment Basin plus Pipeline Sections A, B, and C/Ground Storage Tank/Lake Texana Tie-in Piping Proposed Effort Construction Management/Engineering Support - Planned contractor work efforts for these items will extend an additional 29 months Item 2: Description Activity Provide support to Ground Storage Tank Proposed Effort Planned contractor work efforts for these items will extend an additional 8 months (1 FNI man working an average of 5 days per week/10 hours per day plus 1 FNI man working an average of 6 days per week/10 hours per day plus the same man working each Sunday for 5 hours per day). Item 3: Description Activity Development of quarterly sampling plan Proposed Effort FNI will produce a quarterly sampling plan for the City at system distribution sites. Sampling of entry points and distribution sites is required by TCEQ's conditional approval of the Colorado River as a new water source. Additionally, FNI will produce a sealed engineering report addressing the results of the first quarter water quality results and discussion of how they coincide with the Corrosion Control Study Update produced by FNI in March of 2016. No further reporting or requirements outlined in TCEQ's conditional approval will be performed by FNI. All work will be completed by October 2016. Amendment No. 17 Exhibit A Page 1 of 2 Expenses: o Fee includes project related sub -contract expenses for Subconsultant Services associated with the CM Services listed above. o CM Services listed above. CM Services expenses include lodging and travel costs; communication costs (cell phones, delivery charges, postage, etc.); and other miscellaneous direct costs required to provide the listed CM Services. Fee for Items 1, 2 and 3: FNI proposed to provide the aforementioned services for a lump sum fee of $428,482.00. Please note that Ground Storage Tank remedy efforts are not included in the items listed above. Garney Constructions Letter (dated January 21, 2017) identifies a 17 -week tank remedy schedule. Freese and Nichols proposes to provide full time Construction Management Services for this activity. Our proposed scope of services is as follows: • On-site representation Construction Inspections Services for 17 weeks. We anticipate the following schedule: Weeks 1 & 2 = 40 hours/week 80 hours (Construction Managers 3-4) Weeks 3 —15 = 58 hours/week 754 hours (Construction Managers 3-4) Weeks 16 & 17 = 40 hours/week 80 hours (Construction Managers 3-4) 914 hours • Engineering Support = 4 hours/week 68 hours (Professional 4-6) Estimated Total Manhours 982 hours FNI proposes to perform the Ground Storage Construction Management Services on a time and material basis. The estimated cost for this activity is $175,000.00. Total Fee: Items 1, 2 and 3 $428,482.00 *Ground Storage Tank CM Support $175,000.00 Total $603,482.00 *This activity will be provided on a time and materials basis. The compensation for FNI efforts will be calculated using the attached Schedule of Charges. We appreciate the opportunity to assist you with this matter. Please feel free to contact me at 361.561.6500 with any questions that you may have on this subject matter. Regards, - p_. Ron Guzman, P.E. Principal/Vice President Enclosures Amendment No. 17 Exhibit A Page 2 of 2 H,7■ City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY -CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: 800 N. Shoreline Blvd., STREET ADDRESS: Suite 1600N CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 8 ZIP: 78401 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2 , 2$, h a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: 2017-165686 Date Filed: 02/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. City Project No. E10008 Provide Construction Management Services and sampling plan for Mary Rhodes Pipeline, Phase 2 project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, ' ^y*a,,.... LISA BOGGS Public, Notary c, State of Texas t y:` .•. •` My Commission Expires .' or affirm, under penalty of perjury, that the above disclosure is true and correct. s ... T 06/25/2019 AFFIX NOTARY STAMP / SEAL ABOVE( Swory to and subscribed before me, by the said Tis Signa re of a orized agent of contracting business entity r (,)Zi this the f day of ruff r 20 II , to certify which, witness my hand and seal of office. Ii .--7,:. 1. - Mi- O 7rT 0 tth IL Signa , re of officer administe It. "-th Printed name of offi. _ :..ministering oath Title of office administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Carpus Chr sti Engineering Mary Rhodes Pipeline Phase 2 Council Presentation June 20, 2017 Location Map Yorktown Nordheim ige OG Cuero Gonad E Rel Woo EI Campo Colorado River Lake Texans Edna -; Nursery Inez Victoria Phase Bay City van Vleck • Cly Lamar Sin Corpus Christi Rockport Portland rbstown (,q, Corpus Christi Aransas Pass Pon Aransas P04111 LOP, Cr Port Lavaca MARY RHODES PIPELINE PHASE 2 !iondrifi Matagorda Island Corpus Christi Engineering Location Map Corpus Chr sti Engineering Pump Stations and Sedimentation Basin Oscar Renda Contracting Pipeline Section A Garney Construction Pipeline Section C & Ground Storage Tank Garney Construction Pipeline Section B Garney Construction Project Status Corpus Chr .t Engineering Contract Contractor Pump Station / Sedimentation Basin Pipeline Section A Pipeline Section B Pipeline Section C Oscar Renda Contracting Garney Companies, Inc. Contracted Contracted Start Date Completion Date Current Status 23 -Apr -14 17 -Apr -14 6 -Aug -15 16 -Jun -15 Substantially Complete September 2016 Substantially Complete August 2015 Project Scope Corpus Chr sti Engineering Extended construction management services with Freese & Nichols, Inc. from March 2016 through completion of punch list correction that includes: ✓ On-going construction management for Pump Station/Sedimentation Basin punch list ✓ Technical support to the Ground Storage Tank ✓ Liquidated Damages negotiations with the Contractor ✓ Project close out services Note: The construction contracts provide for liquidated damages ($3,500/day). That will be evaluated against excusable and non - excusable (Contractor) delays as the project continues. Project Schedule Carpus Chr sti Engineering 2016 2017 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Construction Management Services 22 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: May 25, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Change Order No. 4 Williams Drive Phase 3 from Staples Street to Airline Road BOND 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $166,091.25 for a total restated contract amount of $8,964,073.35 for Williams Drive Improvements Phase 3 from Staples Street to Airline Road. (BOND 2012). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Change Order No. 4 with Reytec Construction Resources, Inc. for the Williams Drive Phase 3 from Staples Street to Airline Road project. (BOND 2012) BACKGROUND AND FINDINGS: On September 29, 2015 City Council awarded the Williams Drive Phase 3 project to Reytec Construction. This is a joint TxDOT/City project with 80/20 cost share that includes full -depth reconstruction and widening of the existing 2 -lane Hot -Mix -Asphalt -Concrete (HMAC) road to a new 4 -lane Portland Cement Concrete (PCC) road. During construction in the Airline & Williams intersection, a main AT&T duct bank was encountered that was in conflict with the new 12' x 6' concrete box culverts. As required by the contract and public law, the design engineer and contractor had both contacted "Texas 811 Call Before You Dig". AT&T did not mark the duct bank in response to either 881 call. To minimize the construction schedule impacts at the Williams/Airline Intersection, Engineering Services issued a Change Order that would compensate the contractor on a time and material basis for the actual cost impacts due to the utility conflict. The original change order was funded utilizing contract contingency line items since that approach minimized schedule impact and allowed the City to process monthly pay requisitions prior to determination of the final cost impact. The contractor was required to prepare a detailed time impact analysis that has been approved by both Engineering Services and TxDOT. Change Order No. 4 provides a final reconciliation for the costs related to the AT&T conflict and replenishes the contingency line items that were previously used to allow partial payments to the contractor for the AT&T conflict resolution work. The situation that led to the utility conflict is neither the fault of the City or contractor. The Legal Department will be approaching potentially responsible parties to seek recovery for these costs. OTHER CONSIDERATIONS: None ALTERNATIVES: 1. Authorize execution of Change Order No. 4. (Recommended) 2. Do not authorize execution of Change Order No. 4. (Not Recommended) CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria; and complies with City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Capital Budget Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 10,854,941.71 166,091.25 11,021,032.96 Encumbered / Expended Amount 9,945,949.23 9,945,949.23 This item (change order) 166,091.25 166,091.25 Future Anticipated Expenditures 908,992.48 908,992.48 BALANCE 0.00 0.00 0.00 Fund(s): Storm Water CIP RECOMMENDATION: Engineering Services recommends approval of Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $166,091.25 for Williams Drive Phase 3 from Staples Street to Airline Road BOND 2012. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order No. 4 Form 1295 — Reytec Construction Resources, Inc. PROJECT BUDGET ESTIMATE Williams Drive Phase 3 from Staples Street to Airline Road FUNDS AVAILABLE: Street CIP 2,938,038 Texas Department of Transportation (80% of Street and Storm Water Construction) 3,760,000 Storm Water CIP 3,226,644 Water CIP 566,887 Wastewater CIP 509,464 Gas CIP 20,000 TOTAL 11,021,033 FUNDS REQUIRED: Construction Fees: Construction Total (Reytec Construction Resources, Inc.) 8,964,073 Initial Construction Contract 8,698,784 Change Order No. 1 56,246 Change Order No. 2 42,953 Change Order No. 3 0 Sub -total Construction 8,797,982 Change Order No. 4 (THIS ITEM): Storm Water 166,091 Sub -total Change Order No. 4 166,091 Contingencies 631,117 Design Fees: * Engineer (LJA Engineering) Original and Amendment Nos. 1 and 2 962,995 Engineer (R. H. Shackelford) 108,543 Engineer (L. Gurley) 12,499 Engineer (AGCM) 18,615 Testing Fees: Geotechnical Services (Rock Engineering) Construction Materials Testing (Rock Engineering) 10,700 34,615 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (1.0%) 109,150 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (1.5%) 163,725 Misc. (Printing, Advertising, etc.) 5,000 TOTAL 11,021,033 ESTIMATED PROJECT BUDGET BALANCE 0 * Construction Observation Services are included in this contract. '' ! s Christi rational airport :49A 763 57 E CI Up i? 450: 6 out f Texas State Aquarium + 9-6 Corpus Christi PROJECT LOCATION 286 14;3 -f 20A LOCATION MAP 2444 NOT TO SCALE Project Number: E11116 Williams Drive Phase 3 Staples St to Airline Rd Bond 2012 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Crrrsti tngineering Williams Drive Phase 3 from Staples Street to Airline Road Council Presentation June 20, 2017 Project Location Corpus Chr'sti Engineering Change Order Summary Carpus Chr'sti Engineering • Change Order No. 4 - AT&T Conflict Resolution • Time and Material Cost $58,040.75 • Idle Equipment Cost $66,231.76 • Box Coring - $41,818.74 City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 4 CHANGE ORDER DATE: 4/28/2017 PROJECT: Williams Drive Improvements Ph 3 - Staples to Airline (Bond 2012) PROJECT NUMBER: El 1 1 16 CONTRACTOR: Reytec Construction Resources, Inc. CONTRACT TiME: 450 CD ENGINEER: RVE, Inc Make the following additions, modifications or deletions to the work described in the Contract Documents: Part D - Drainage Improvements Add the following items to the contract 1)40 Drainage D40 - AT&T Conflict Resolution - Time & Material Cost D41 Drainage D41 - AT&T Conflict Resolution - Idle Equipment Cost D42 Drainage D42 - AT&T Conflict Resolution - Box Coring Deduct the following quantity from the bid item D39 Drainage Unanticipated Utility Allowance - partial payment on AT&T Conflict E30 Water lmpr. unanticipated Utility Allowance - partial payment on AT&T Conflict Add the following items to the contract D39 Drainage Unanticipated Utility Allowance - refurbishing Utility Allowance E30 Water lmpr. Unanticipated Utility Allowance - refurbishing Utility Allowance 1 LS @ $58,040.75 1 LS @ S66,231.76 I LS a $41,818 74 0.9284306 LS (r) S50,000 0.4231388 LS @ $25,000 Sub -Total 1 LS @ S46,422 I LS @ $10,578 Net Total of This Change Order $58,040 75 $66,231 76 $41,818.74 ($46,421 53) ($10,578.47) $109,091.25 $46,422 00 $10,578 00 $166,091.25 Why was this Change necessary: Contractor hit a major duct bank for AT&T which was not shown on the contract drawings an we3 re most likely not marked in the field during locates T iT is change was required to keep the contractor working and to avoid any further delays in determining who was at fault. The legal department is involved in investigating the facts surrounding this incident and any future legal action How can similar changes be avoided in the future? More thorough Subsurface Utility Exploration (S U E ) and Utility' Coordination Studies would have most likely avoided this major duct bank from not appearing on the contract drawings. The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 8,698,783.50 Previously Approved Change Order Amount $ 99,198.60 Proposed Change Order Amount $166,091.25 Revised Contract Amount $ 8,964,073.35 Percent of Total Change Orders (including this CO) 3.05% Previous Change Order Contract Time 465 CD Additional Time on This Change Order 76 CD Revised Contract Time 541 CD Recommended by Approved by (CONSULTING FIRM' ICONTRACTOR1 By N/A Recommended by: (� (Ill\� Recommended by: i� Recommended by: Recommended by: Date CITY OF CORPUS CHRISTI e/ 7 Wayne Otte; P.E. at Acting Construction Engineer Jeffrey Edmonds, P.E. Date Director of Engineering Services Eddie Houlihan, Director Date Management and Budget By 1 (r14 -,— Approved by: Approved by: Approved by: APY11 Valerie H. Gray, P.E. Executive Director of Public Works Mark Van Vleck Assistant City Manager Date Date Aimee Alcorn -Reed Date Margie C. Rose City Attorney Fund 3496-043 Acct 550910 Actv E1116 -01 -3496 -EXP City. Manager Date CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Reytec Construction Resources, Inc. Houston, TX United States Certificate Number: 2017-210487 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 05/19/2017 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. E11116 Williams Dr. Phase 3 Williams Dr. Phase 3 from Staples Street to Airline Road Change Order # 4 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Reyes, Gregg T. Houston, TX United States X Reyes, Rebecca Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. per, ,�5.7',7�., LAURA G. LEAL ;' '' �:� Notary Public, State of Texas • ,r= My Commission Expires August 2b, 2018 Signature business AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Are o c of authorized ac-nt of contracting entity / T VIA,6 , this the VO day of , 20 i1 , to certify which, witness my hand and seal of office ° . lurrt &. Leoat N Signature of officer administering oath Printed name of officer administeringoath Title of officer inisterin oath g Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 23 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Kensington Gardens subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55- 113 of the City Code of Ordinances. PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or designee to enter into outside city limits water contracts with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Azali Homes, LLC., the developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Azali Homes, LLC, is proposing to build homes on several tracts of land outside the city limits. Azali Homes, LLC own properties known as Kensington Gardens, Block 1, Lots 1-10; Block 2, Lots 1-10, Block 3, Lots 1-10, and Block 4, Lots 1-10. When Kensington Gardens subdivision was constructed, public waterline was extended to the area and made available to the properties within Kensington Gardens subdivision. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit building plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such building construction. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction of homes may only occur in compliance with City regulations, including building construction permit requirements, as though the property were inside the City. Kensington Gardens subdivision was approved by the Planning Commission on April 22, 2015 and recorded in the Nueces County map records on February 15, 2017. Kensington Gardens is located west of County Road 47 between Farm to Market Road 43 and County Road 22. As part of the development of the subdivision, a waterline was extended from County Road 43 to the subdivision in order to provide public water to the proposed lots. Kensington Gardens subdivision contains 40 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of the properties. In order to expedite contract execution, the City Council authorizes the City Manager or designee to execute the remaining water service contracts within the subdivision. The future contracts for the properties within Kensington Gardens subdivision would not differ much from the contract with Azali Homes, LLC. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 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 LIST OF SUPPORTING DOCUMENTS: Resolution Sample OCL Water Contract Exhibit A — Location Map Resolution Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 40 Tots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contracts, an example of which is attached to this resolution, and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS COUNTY OF NUECES § Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; and Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one (1) year or for consumption of less than ten -acre feet of water during the entire contract term . THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Azali Homes, LLC a Texas Limited Liability Company (Owner), whose address is P.O. Box 8155, Corpus Christi, TX 78468, First Community Bank (Lienholder) whose address is 416 N. Water Street, Corpus Christi, Texas, 78410 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Kensington Gardens Block _, Lot _, also commonly known by its street address as , Corpus Christi, TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. WITNESS OUR HAND this day of , 2017. OWNER: Azali Homes, LLC, a Texas Limited Liability Company Ata O. Azali, Manager STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2017, by Ata O. Azali, Manager of Dorsal Development, LLC, a Texas Limited Liability Company. Notary Public, State of Texas LIEN HOLDER: First Community Bank Nicholas Black, Vice President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2017, by Nicholas Black, Vice President, First Community Bank. Notary Public, State of Texas ATTEST: By: By: Rebecca Huerta William J. Green PE, Interim Assistant Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2017, by William J. Green PE, Interim Assistant Director of Development Services, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2017. Buck Brice Assistant City Attorney for the City Attorney �Ab ZIORH'THAPTON DR Or Kensington Gardens ti FM 43 HYDE PARK i SOUTHAMPTON i 0 0.03250.065 0.13 0.195 Miles 11114 City of Corpus Christi LOCATION MAP Exhibit "A" Water Contract Location Map N PLANNING.CITYLIMITS L J Date Created: 4/24/2017 Prepared By: Vette J. Magallanez Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWaterContracts\London Club Estates%Maps Projected Coordinate System: NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet Projection: Lambert Confonnal_Conic AERIAL OVERVIEW KENSINGTON GARDENS CR 26 CR 6149 1 81� Yy R 614: ME GR 6196 CR 6138 I 4 GR 288 53 CR 211 CR EigA, DION-461Jbo Q 1k Eh-rr,.. `ua4car-d-R2, G�n1EPJ .Sa LI C 1, WPM, aliY:Jerlaxx7 .7,]C 7,K ;lkkappoo:And(rola Nkka7 xnnlin7u 1 AERIAL MAP KENSINGTON GARDENS CR 1229 CR 230 CR 6106 CR 63 CR. CR 218 R 42 CR 222 OR 5C 14 CR 99 CR 5CR CF 0002 t N 24 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: June 9, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. PURPOSE: The Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi's beach maintenance expenditures. BACKGROUND AND FINDINGS: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties. The reimbursement amount varies from year to year based on the formula and available funds. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY15 and FY16, the City received $63,160.35 and $62,776.34 respectively. FY17 funds have yet to be distributed but are estimated to be approximately $61,680.00. ALTERNATIVES: Do not apply for beach maintenance funding. OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. CONFORMITY TO CITY POLICY: The City Council must pass a resolution to apply for the Texas General Land Office program. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 $ 61,680 $ 61,680 Encumbered / Expended Amount This item BALANCE $ 61,680 $ 61,680 FUND(S): General Fund 1020 Comments: The estimated revenue for this reimbursement program will be submitted in the FY17-18 proposed budget. RECOMMENDATION: Staff recommends the City Council approve this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution; Application Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The Corpus Christi City Council hereby approves and ratifies the execution and submittal by the City Assistant City Manager of all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2017 Joe McComb Mayor The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member Application for the Beach Cleaning and Maintenance Assistance Program for Fiscal Year 2018 Beginning September 1, 2017 Texas General Land Office George P. Bush, Commissioner P.O. Box 12873 Austin, Texas 78711-2873 City or county making application (applicant): City of Corpus Christi Name and address of administrative body responsible for beach cleaning: City of Corpus Christi Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX 78469 Name, organization, and title of official with day-to-day responsibility for project: Russell J. Armstrong Superintendent Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX 78469 Name, address, and title of official authorized to receive state reimbursement: E. Jay Ellington Director Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX 78469 The applicant understands and agrees that the requirements set forth in Section 61.069 of the Texas Natural Resources Code must be met, and the applicant expressly pledges and represents that it has met or will meet the requirements through the following: 1. The applicant has a duly constituted beach park board or like body with adequate authority to administer an effective program of keeping the public beaches under its jurisdiction clean. (OBA §61.069 (1)) 2. The applicant shall provide for receipt of all project funds by its treasurer or like official who shall adequately safeguard such funds and assure same are expended solely for project purposes. The applicant agrees to reimburse the General Land Office for any project funds lost or spent for non - project purposes. (OBA §61.069 (2)) 3. The applicant shall submit such reports as to amounts and types of project expenditures as may be required by the General Land Office. (OBA §61.069 (3)) 4. The applicant provides free entrance to all public beaches within its jurisdiction. (OBA §61.069 (4)) 5. The applicant operates and maintains one or more coastal parks which are satisfactory to the General Land Office with respect to size and facilities. (OBA §61.069 (5)) Application for the Beach Cleaning and Maintenance Assistance Program 34,200 1. Equipment rental, litter and debris removal 2. Labor, litter and debris removal 3. Signs, litter -related 4. Supervision, litter and debris removal 5. Solid waste collection and disposal, including purchase of containers 6. Portable toilet rental and servicing 7. Barricades, bollards, and traffic signs 8. Lifeguard expenses 9. Litter patrol expenses 10. Beach patrol expenses 11. Administration $ 352,698.00 443,182.00 5,000.00 99,000.00 13,000.00 25,000.00 14,000.00 336,840.00 92,120.00 246,961.00 45,000.00 TOTAL $ 1,672,801.00 Amount of state assistance requested for current state fiscal year (may not exceed two-thirds of amount shown in line above as provided by Section 61.076 of the Texas Natural Resources Code): $ 1 ,1 15, 256 43 The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessary for the approval of the application or management of the program. Supporting documents: (The application is incomplete unless the following documents are included.) Mark the applicable box as the corresponding document is included with the application. ❑ A current resolution authorizing application for funds and vesting an official with full authority to act for purposes of the program. ❑ A Texas Department of Transportation county map upon which are delineated the public beaches to be cleaned and the linear feet of beach therein. ❑ A site plan of applicant's beach park which meets the minimum requirements established by the state. ❑ A certified copy of documentation establishing a beach park board or like body. ❑ A current written statement attesting that the maintenance to be provided is consistent with the applicant's community adopted plan for Beach Access and Dune Protection. ❑ A current written statement acknowledging that compliance with the regulations for collection and expenditure of beach user fees, contained in Section 15.8 of the state's beach access and dune protection regulations, is a requirement of the program. ❑ A current written statement that the applicant will supply an adequate number of garbage and litter receptacles for that area of the beach which the applicant cleans and maintains in this program. Receptacles for recyclables are suggested, but not required. ❑ A current list, adopted by the governing body, of the equipment rates to be charged per hour or per day which also indicates whether with or without operator and which includes portable toilets, if provided. ❑ A current beach -cleaning proposal describing the cleaning and maintenance operations at the beach. City of Corpus Christi acting by and through Margie C. Rose, City Manager Applicant Official hereunto duly authorized, submits this application and certifies its contents are true and correct, and agrees to the above terms and conditions. by Samuel Keith Selman Name Signature Assistant City Manager Title Date Application Checklist For State Assistance in Cleaning and Maintaining Public Beaches Review the following prior to submitting the Application for State Assistance in Cleaning and Maintaining Public Beaches. Each bulleted item is required to process the application; the text following each item explains how to comply with the requirement. Incomplete applications will not be approved. ❑ The Original Application. The 2 -page application containing the vested official's original signature must be submitted. Emailed or photocopied applications are acceptable during the agency's review period, but aren't eligible for use in the final contract. The attachments to the application do not have to be originals. Note: The application must be signed by the person/official authorized by the resolution to apply for funds. A Signed Resolution. Ensure the resolution authorizes the application for program funds and declares an official with full authority to act for purposes of the program. An Estimate of Expenditures. Provide the total amount of projected expenditures on the space adjacent to "Total;" this amount is the sum of the expenditures above it (i.e. equipment, labor, supervision, administrative, etc). Provide the amount of state assistance being requested on the line following the "Total" projected expenditures line. This amount may not exceed 2/3ras of the "Total" projected expenditures. A Current Equipment Rate Sheet. List all equipment items used; equipment not listed on the contract rate sheet will not be approved for reimbursement. Therefore if four Chevy pickups are used, the equipment rate sheet should indicate such. Indicate whether rates are with or without an operator. If an operator's wages are included, indicate the dollar amount per hour included in the equipment rate. Do not include rental equipment on the equipment rate sheet. The agency has the discretion to request documentation for how each equipment reimbursement rate was calculated in order to ensure the rate does not exceed expenditures. Be prepared to provide justification for the agency to approve your equipment rates. Each piece of equipment must be adequately described before the agency will approve the item's rate as reasonable. An adequate description should provide the equipment's make and model, horsepower, wheel type (crawler or tires), capacity (bucket size), and attachments (rake/tiller). Note: Equipment rates must be approved by resolution or other similar record of official action. A Garbage and Litter Receptacle Statement. A statement assuring an adequate supply of garbage and litter receptacles will be provided for the community's total linear footage of beaches. A Beach Dune Rule Compliance Statement. A statement acknowledging that beach cleaning and maintenance is consistent with the applicant's Beach Dune Plan. A Beach User Fees Regulations Compliance Statement. A statement, pledging adherence to the regulations for collection and expenditure of beach user fees in Section 15.8 of the Texas Administrative Codes. Accompany the statement with a declaration of compliance to Beach User Fee Reporting requirements. Note: The garbage litter statement, beach dune rule statement, and beach user fees statement may all be included on the same document. A County Map. A map that plainly marks/highlights the beaches to be maintained and has the linear footage written on the map. Note: TxDOT map(s) will be provided to you by the agency, if requested. Please contact us, if needed. For TxDOT maps, see http:/www.txdot.gov/travel/county grid search.htm . Google Earth maps may be used if preferred, see http://earth.google.com/. Submit the notated maps with the application packet. Additional maps (non-TxDOT or Google Earth) may be submitted in addition to the acceptable maps detailed above. A site map of all applicable beach parks. A current, preferably updated within 2 years, site map is required. A site map should detail the location of shower areas, restrooms, parking areas, potable water, and any other facilities provided. A beach -cleaning proposal (BCP). A summary of the maintenance activities being performed by the community Detail the amount of staffing, trash pick-up procedures, labor and patrol schedules, special events, special/seasonal maintenance, etc. BCP's should be updated periodically and must be thorough enough for the GLO to ascertain what maintenance is being performed. Most BCP's are two pages or less. The summary should be titled as a beach -cleaning proposal or equivalent. Remember to include a date and have the BCP signed by either the vested official or official with day-to-day responsibility as listed on the cover of the application. Note: A community's Beach Dune Protection and Beach Access Regulations may not serve as a beach -cleaning proposal unless the maintenance activities describe therein are current (written no more than 3 years ago) and detailed. Miscellaneous. Other supporting documentation to the application is welcomed but not required. Note: For any of the above items designated as "on file," indicate the original fiscal year they were provided. If the original fiscal year is not indicated, the items cannot be transferred into the current file and the applicant must re -supply the document. Failure to include the required documentation will delay approval of the application. The General Land Office, as the agency authorized to enforce the program's rules, has the discretion to require of the applicant any additional evidence it may deem necessary for the application or management of the program. (31 TAC §25.3) et Instructions for Texas Department of Transportation County Maps and Beach Park Site Maps The agency requests that Texas Department of Transportation (TxDOT) County Maps be used to designate the beach areas your community maintains and the linear feet of those beaches. Use the following instructions to meet your community's county map and site map requirements for the Beach Maintenance Reimbursement Fund Program. If you need maps to work from, please contact us. A. For each TxDOT County map (full-scale view and inset maps) or Google Earth Image, do the following: 1. Mark the eligible beach areas to be cleaned. 2. Write the linear footage of each area. 3. If your beach areas are separated, write the total linear footage (sum of each area) somewhere on the map. Example: Google Earth ,500 line Port Aransas 5074 it TOTAL 3,000 linear feet .500 linear feet 01:2068 T .e Aflae _, 2008 Eur...r , Technologies I I Pointer 'lat.27 817098 ° , Ion •97r;O62937 Image '108 DigitalGlobe Slreamin i i i 11 100% E. a all 1750111 B. For beach park site maps, do the following: 1. Indicate the location of restrooms, shower facilities and potable water. 2. Indicate the location of on or off -beach parking areas. 3. Indicate any other facilities that are provided on the site map. Return the maps and beach park site maps with the Application for State Assistance in Cleaning and Maintaining Public Beaches. Texas Department of Transportation County Maps can be accessed at http://www.dot.state.tx.us/travel/county grid search.htm. Contact Troy Ridley at troy.ridley(a,glo.texas.gov or by phone at (512) 463-5168 if you have questions. 25 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: June 20, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd(a�cctexas.com (361) 826-1909 E. Jay Ellington, Director of Parks and Recreation Department JayEll(c�cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Purchase of Five 2017 Ford F-250 Trucks for Parks and Recreation Department CAPTION: Motion approving the purchase of five 2017 Ford F-250 trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $180,392.00. Funds are available in the FY2016-2017 budget. PURPOSE: This item is to approve the purchase of five 2017 Ford F-250 trucks to be used by beach operations staff in the Parks and Recreation Department. BACKGROUND AND FINDINGS: The five vehicles will be utilized on the City of Corpus Christi Gulf Beaches for the daily operations. The Lifeguards are first responders to all emergency situations from Beach Marker 66 (boundary line at Port Aransas) to Beach Marker 252 (boundary line with Kleberg County) which spans 27 miles of beach. Beach Operations staff members operate the vehicles to maintain eight miles of Corpus Christi Gulf Beaches including roadway maintenance, trash/debris removal and dune protection. The trucks will also be used by the Beach & Park Enforcement Officers who enforce City Ordinances at five City Parks on Padre Island, eight miles of City beaches and five miles of Nueces County beaches. The mileage of four of the trucks to be replace is as follows: 196423, 237664, 190527 and 275174. The fifth unit has an hour meter reading of 1692. The year model of these trucks is as follows: 1997, 1996, 1995, 2001, and 1999 respectively. Two of the trucks have been retired and the remaining three will be retired upon receipt of the new trucks upon their arrival. Four of the trucks are budgeted for replacement in the FY2016- 17 and one truck is funded through the State Hotel Occupancy Texas (SHOT). ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,720,370.23 $0.00 $3,720,370.23 Encumbered / Expended Amount $2,877,462.27 $2,877,462.27 This item $180,392.00 $0.00 $180,392.00 BALANCE $662,515.96 $0.00 $662,515.96 Fund(s): Fleet Maintenance Services and State HOT Beach Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET FORD F-250 TRUCKS FOR PARKS AND RECREATION TLGPC 521-16 ITEM DESCRIPTION QTY. UNIT Rush Truck Centers of Texas, L.P. New Braunfels, Texas UNIT PRICE EXTENDED PRICE 1. 2017 Ford F-250 Service Body Truck 1 EA $35,892.00 $35,892.00 2. 2017 Ford F-250 Crew Cab Truck 4 EA $35,400.00 $141,600.00 3. BuyBoard Fee 1 EA $400.00 $400.00 4. Freight 5 EA $500.00 $2,500.00 Purchase Cost: $180,392.00 26 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: June 13, 2017 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep(c�cctexas.com (361) 826-3227 Judy Villalon, City Treasurer iudyav(a�cctexas.com (361) 826-3651 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Armored Courier Services and Cash Manager Safe Service Agreement CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager lease safe services, in response to Request for Bid (RFB) No. 151, based on lowest, responsive and responsible bid for a total bid amount not to exceed $37,294.40 with an estimated expenditure of $6,513.76 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: The purpose of this agenda item is to execute a contract with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager safe services. BACKGROUND AND FINDINGS: The City has a continuous need for armored courier services at the Police, Central Cashiering, Municipal Court, Corpus Christi International Airport and Development Services Departments, as well as cash manager safe services at the Health Department. An RFB for armored courier services was issued by the City of Corpus Christi. The RFB was advertised, posted on the City's Supplier Portal and 58 notifications were issued. One bid was received and was evaluated based lowest, responsive and responsible bid. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Financial Services Department -Central Cashiering FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $168,739.69 $30,780.64 $199,520.33 Encumbered / Expended Amount $122,885.33 $0.00 $122,885.33 This item $6,513.76 $30,780.64 $37,294.40 BALANCE $39,340.60 $0.00 $39,340.60 Fund(s): General Fund Comments: The initial contract term total is $37,294.40, of which $6,516.76 is funded in FY2016-17. The total contract value will be $111,883.20 if all options years are executed. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Bid Tabulation- Armored Courier Services RFB 151 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 151 Commodity: Armored Courier ITEM DESCRIPTION UNIT QTY Dunbar Armored Hunt Valley, MaryLand UNIT PRICE EXTENDED PRICE 1 Police Department - 321 John Sartain St. Months 12 $345.32 $4,143.84 2 Police Impound Lot - 5485 Greenwood Dr. Months 12 $345.32 $4,143.84 Police Impound Lot - 1st Saturday of the Month Days 12 $17.74 $212.88 3 Health Department -1702 Horne Rd. include the pick as follows: • CM2400 Cash Manager Safe Rental Months 12 $559.18 $6,710.16 • Fuel Charge for Safe pickup Week 52 $8.50 $442.00 4 Central Cashiering - City Hall 1st Floor, 1201 Leopard St. Months 12 $345.32 $4,143.84 5 Municipal Court -120 N. Chaparral St Months 12 $345.32 $4,143.84 6 Landfill/Solid Waste -7001 Ayers St. Months 12 $345.32 $4,143.84 7 Corpus Christi International Airport - 1000 International Dr •Parking Toll Plaza -Parking Lot Exits Months 12 $345.32 $4,143.84 • Corpus Christi International Airport Saturdays Days 52 $17.74 $922.48 8 Development Services- 2406 Leopard St. Months 12 $345.32 $4,143.84 Total $37,294.40 iervices SERVICE AGREEMENT NO. 837 Armored Courier Services and Cash Manager Master Service THIS Armored Courier Services and Cash Manager Master Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Dunbar Armored, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Armored Courier Services and Cash Manager Master Service in response to Request for Bid/Proposal No. 151 ("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. 1. NOW, THEREFORE, City and Contractor agree as follows: Scope. Contractor will provide Armored Courier Services and Cash Manager Master Service ("Services") in accordance with the attached Scope of Work, as shown in Attachment A and Attachment A-1, 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 12 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 two additional 12 -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 $37,294.40, 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, 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: Judy Villalon, City Treasurer Department: Finance Department Phone: 361-826-3651 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 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. 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: Judy Villalon Title: City Treasurer Address: 1201 Leopard Street Corpus Christi, Texas 78401 Fax: 361-822-7320 IF TO CONTRACTOR: Dunbar Armored, Inc. Attn: Seth McElroy Title: SVP - Administration Address: 50 Schilling Road, Hunt Valley, MD 21031 Fax: 410-229-1891 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. (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 B. attachments C. the bid solicitation document, including addenda (Exhibit 1) D. 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 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) CONTRACTOR// Signature: 5ji4` Printed Name: Seth McElroy Title: SVP, Administration - Sales Date: May 3, 2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment A-1: Cash Manager Master Service Agreement Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 151 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 'age 8af8 1.1 1.2 Attachment A: Scope of Work General Requirements/Background Information The Contractor shall provide Armored Courier Services as outlined in this Scope of Work. Scope of work The Contractor shall provide Armored Courier Services at the following locations at the designated times: Pick -Up Location Pick -Up Time Drop -Off Location Drop -Off Time Frequency Police Department -321 John Sartain St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Monday -Friday* 5485 Greenwood Dr. 8:OOAM - 12:OOPM AUCTION ONLY: City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Monday -Friday* And 1st Saturday of every month First Saturday of every month (Will call after 4:45PM. Must pick-up within 1 hour after being called. Health Department- 1702 Horned Road- Circulation Desk 1st Floor 1. Environmental 2. Immunizations 3. Vital Statistics 4. Laboratory 5. TB Clinic 10:OOAM - 12:OOPM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Once a week* Central Cashiering City Hall 1st Floor 120 Leopard St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX (Frost Vault Services - Downtown) Before 3:OOPM Monday -Friday* Municipal Court 120 N. Chaparral St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Monday -Friday* Landfill/Solid Waste 7001 Ayers St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank Before 3:OOPM Monday -Friday* *Except as noted, locations will not require service on City -recognized holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day). Service Requirements: 1. The Contractor shall have a vault at the Contractor's place of business. 2. The Contractor is responsible to meet all applicable federal and state laws regarding licensing and bonding while engaged in providing Armored Courier Services to the City. Contractor shall submit satisfactory evidence that it is in good standing in this regard. 3. Contractor shall include criteria for background checks and security clearance on armored car personnel. Periodic statements on the company's policy may be requested through the term of the agreement. 4. The Contractor shall employee a minimum of two employees per vehicle. 5. The Contractor must be able to transport multi -bag pick-ups or large tamper evident bags. 6. The Contractor's vehicles must have armor plating or some means of bullet-proof protection and bullet proof glass. 7. All vehicles used to service the City's account must be equipped with mobile telephones or two-way radios. - 802 North Carancahua St., Corpus Christi, TX Corpus Christi City of Corpus Before 3:OOPM Monday -Friday* International Airport Christi Depository Saturdays 1000 International Dr Bank - Frost Bank Parking Toll Plazas - - 802 North Parking Lot Exit Carancahua St., Corpus Christi, TX Development Services 8:OOAM-1 1 AM City of Corpus Before 3:OOPM Monday -Friday* 2406 Leopard St Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX *Except as noted, locations will not require service on City -recognized holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day). Service Requirements: 1. The Contractor shall have a vault at the Contractor's place of business. 2. The Contractor is responsible to meet all applicable federal and state laws regarding licensing and bonding while engaged in providing Armored Courier Services to the City. Contractor shall submit satisfactory evidence that it is in good standing in this regard. 3. Contractor shall include criteria for background checks and security clearance on armored car personnel. Periodic statements on the company's policy may be requested through the term of the agreement. 4. The Contractor shall employee a minimum of two employees per vehicle. 5. The Contractor must be able to transport multi -bag pick-ups or large tamper evident bags. 6. The Contractor's vehicles must have armor plating or some means of bullet-proof protection and bullet proof glass. 7. All vehicles used to service the City's account must be equipped with mobile telephones or two-way radios. 8. All windows on all vehicles must be closed at all times. 9. The Contractor shall provide and maintain vehicles necessary to meet the requirements of the agreement. Only armored transport vehicles shall be used; standard street vehicles such as unarmored automobiles, vans, light trucks, etc., are not acceptable. All vehicles used in the performance of this agreement shall be registered, licensed and insured. All vehicles shall be in good repair and able to operate efficiently and safely. Vehicles used in the performance of this agreement should have the Contractor's company name prominently displayed on both sides of the vehicle. 10. The Contractor vehicles servicing the City's account shall meet or exceed certification standards for an armored vehicle. 11. The Contractor shall provide contact information for service, billing and account questions. 12. All Contractor employees assigned to duty under the contract must maintain minimum fitness for duty requirements including mental and physical ability to guard and protect City monies as set forth in the Contractor policies and procedures for maintaining minimum fitness for duty standards. 13. All Contractor employees providing service to the City's account must present their company employee identification card immediately to the City employee releasing the deposit for their department. 14. All Contractor employees providing service to the City's account must wear proper identification, (patch and security label) on shirt and/or jacket. Apparel should be consistent and neat in appearance. Only authorized personnel are to be in attendance when servicing the contract. 15. The Contractor shall adhere to the pick-up/delivery schedule. If the Contractor is unable to perform the work as scheduled, they shall inform the Contract Administrator upon notification of any changes. 16. The Contractor's equipment must be operational at all times during the performance of the work. 17. The Contractor's employee needs to service the Central Cashiering City Hall location from the Lipan Street entrance. 18. The Contractor will be responsible for picking up paperwork from Frost Bank Vault Services and delivering to City Hall Central Cashiering daily. 19. The Contractor shall provide a bill of lading, which details the number of bags, the amount of the deposit, and tamper evident deposit bag number(s), to the City employee for all pick-ups and change order deliveries. 20. A signature must be obtained from the Commercial Vault Supervisor or their designee on the bill of lading for all deposits delivered to the City depository during normal business hours (Monday - Friday: 8:OOAM to 5:OOPM). Use of night depository is not permitted. Deposits which cannot be delivered during normal business hours must be kept safe in a vault at the Contractor's place of business and delivered to the City's depository prior to 3:00 PM the next business day. 1.3 City Contract Administrator The Contract Administrator for the City of Corpus Christi is as outlined below. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Contract Administrator - Judy Villalon, City Treasurer PO Box 9277 Corpus Christi TX 78469-9277 361-826-3651 JudyAV@cctexas.com 1.4 Work Site and Conditions The work shall be performed throughout the City as specified in the Bid Form. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Attachment A-1: Cash Manager Master Service Agreement Proposal ID 8022 Texas LIC B06573 CASH MANAGER MAST ER SERVICES CONTRACT S 'RVICE CONTRACT #448000976 ("CONTRACT") CONTRACT executed As shown in this Agreement 837 by and between: 1 DUNBAR ARMORED, INC. ("DUN -BAR") 50 SCI I ILLINCi ROAD HUNT VALLEY, MD 21031 2 City of Corpus Christi ("CUSTOMER") 1201 Leopard Street 4th Floor Corpus Christi, TX 78469 WITNESSETH For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this CONTRACT agree as follovvs: This CONTRACT shall be effective As shown in this Agreement 837 (the "Effective Date") and shall remain effective in full force and effect for 12 months from the Effective Date (the period from the Effective Date through 12 months from the Effective Date shall be referred to as the "Initial Term") and, thereafter for two twelve-month renewals, subject to the right of termination upon either party giving the other party written notice of such intention to terminate at least thirty (30) days prior to any subsequent anniversary date (the date of expiration, or such earlier date of termination pursuant to the terms of this CONTRACT, shall be referred to as the "Contract Termination Date"). DUNBAR and CUSTOMER are sometimes referred to herein as a "Party" or collectively as the "Parties." It is understood and agreed between the Parties that locations and equipment may be added to this CONTRACT throughout the term of the CONTRACT pursuant to the terms and provisions of this CONTRACT and a Schedule of Service and Service Rates executed by both Parties from time to time (each such Schedule of Service and Service Rates being referred to herein as a "Schedule"), which Schedule shall contain the information set forth in Section 1 of the Terms and Conditions. It is further understood and agreed that the term of each Schedule shall commence on the Location Commencement Date as set forth therein and continue in effect for 12 months unless terminated earlier pursuant to the terms of this CONTRACT (each a "Location Term"). The parties may also enter into a EZChange Preparation Rider from time to time (a "Coin & Currency Rider") and addenda to this CONTRACT from time to time (each an "Addendum"). This CONTRACT and each Schedule, Coin & Currency Rider, Addendum, guaranty agreement (if any) and each other agreement and document relating to the CONTRACT shall be referred to as a "Transaction Document" and collectively as the "Transaction Documents." CUSTOMER has read, understood, and accepted the terms of this CONTRACT, Including the Terms and Conditions (all such Terms and Conditions being incorporated herein by reference) and CUSTOMER agreesto pay the charges as detailed herein or on any Schedule executed in connection herewith. By its signature below, CUSTOMER re -affirms that, once CUSTOMER accepts the Equipment, CUSTOMER's obligations to make payments of the Equipment Amounts are absolute and unconditional in all respects. CUSTOMER acknowledges that Dunbar may assign Its payment rights (but not obligations) to a financing affiliate (the "Equipment Assignee"); provided that, notwithstanding such assignment (if any) from DUNBAR to Equipment Assignee, effective upon such assignment, Equipment Assignee (by acceptance of the assignment) directs CUSTOMER to make all payments of the applicable Equipment Amounts to: DUNBAR ARMORED, INC. 50 Schilling Road, Hunt Valley, MD 21031 as servicing agent for Equipment Assignee until such time as Equipment Assignee directs CUSTOMER in writing to make such payments to Equipment Assignee or its designee at another address and, upon receipt of such notification, CUSTOMER agrees to remit said payments as directed by the Equipment Assignee. Terms anc(Conditions 1. SCHEDULE CUSTOMER may from time to time contract for DUNBAR'S services in various qu-antities and at various times or request that DUNBAR initiate DUNBAR services incrementally. Orders for DUNBAR'S services shall be issued by CUSTOMER'S authorized representative pursuant to a Schedule that sets forth the following information: i) Equipment model and type ii) Service frequencies ill) Schedule of locations iv) Payment amount. The terms and conditions of this CONTRACT shall be deemed incorporated into and made a part of each Schedule to the extent any terms and conditions set forth in the Schedule conflict with the terms of this CONTRACT, the terms of the Schedule shall prevail. 2. REPRESENTATION REGARDING INSURANCE DUNBAR represents that it carries insurance with an insurance company covering its liability as stated in this CONTRACT for loss of or damage to property consigned to it hereunder and that it carries insurance which, subject to the terms and limits of the Contract or Contracts pertaining thereto, covers liability to third persons for damage Incurred to them by reason of accidents for which DUNBAR is legally responsible and DUNBAR agrees to keep such insurance in force during the term of this CONTRACT. 3. SERVICES DUNBAR agrees, subject to the Terms and Conditions of this CONTRACT, that it will (a) accept and issue a receipt for Sealed Containers, containing currency, coin, and/or checks from the CUSTOMER location(s) listed on each respective Schedule (b) deliver by armored transportation Sealed Containers in like condition, against receipt to Dunbar's cash vault for verification and (c) thereafter deliver Sealed Containers, against receipt, to the respective depository listed on such Schedule. DUNBAR shall also accept from a depository listed on a respective Schedule Sealed Containers for delivery by armored transportation to the CUSTOMER location(s) listed on such Schedule in like condition and against receipt therefore. All containers are to be sealed and secured locked to the satisfaction of DUNBAR. If any container is not sealed and secured locked to DUNBAR's reasonable satisfaction, DUNBAR shall have no obligation to accept such container and provide the services hereunder. DUNBAR uses sophisticated scanners with barcode technology and tracking capability. It is understood and agreed that DUNBAR retains the right to provide CUSTOMER access to electronic signatures in lieu of hard copy receipts. 4. MAXIMUM LIABILITY The maximum liability for any cargo loss for property consigned to DUNBAR hereunder shall be the lesser of (a) the respective Maximum Shipments amount as stated on the Schedule with respect to the applicable location, (b) the value as stated in DUNBAR'S receipt for the Sealed Container(s) accepted or (c) the actual cash value of any property lost or damaged. DUNBAR shall not be liable for any special, consequential, punitive or incidental losses or damage under any theory of liability. Service Contract #48000976 DUNCM0213 Page 1 of 8 Proposal ID: 8022 Texas LIC B06573 5. LOCKED AND SEALED CONTAINERS CUSTOMER agrees to place all currency, coins and checks in Sealed Containers at the time of delivery to DUNBAR. DUNBAR shall not be obligated to receive any container, bag or cassette not properly locked or sealed to DUNBAR's satisfaction. 6. RESPONSIBILITY FOR SEALED CONTAINERS Responsibility of DUNBAR for Sealed Containers under this CONTRACT shall begin when such Sealed Containers have been accepted and receipted for by an AUTHORIZED EMPLOYEE of DUNBAR. Responsibility of DUNBAR for Sealed Containers under this CONTRACT shall continue for as long as DUNBAR retains possession of the funds included in the Sealed Containers, including verification and storage of such funds. 7. CUSTOMER RECORDS CUSTOMER agrees to maintain a complete record as to maker and amount of all checks placed in any Sealed Container given to DUNBAR and in case or loss or damage, to promptly, diligently and completely cooperate with DUNBAR in the identification and replacement of lost, destroyed or stolen checks contained in any such Sealed Container. Complete cooperation shall include, but not be limited to, requests by CUSTOMER to makers of the missing checks to issue duplicates and in the event the makers refuse to do so, then to assert all its legal and equitable rights against said makers. CUSTOMER subrogates such rights to DUNBAR and Its assigns. DUNBAR'S liability in the event of loss, destruction or theft of checks shall in all events be limited to payment for the reasonable costs to replace and reissue such checks. Notwithstanding the foregoing, DUNBAR shall not be responsible for such cost in excess of $25,000 per occurrence. 8. CLAIMS FOR LOSS OR DAMAGES; GOVERNING LAW; JURISDICTION Upon discovery of a claim for loss or damage of the contents of any Sealed Container, CUSTOMER shall promptly report the same to the appropriate authorities and. shall maintain and preserve all evidence relating thereto. Within ten. (10) days after discovery of any such loss, but in no event more than thirty (30) days after the currency, coins or checks in connection with such claim were delivered to DUNBAR, CUSTOMER shall give notice of such claim in writing to DUNBAR. If the CUSTOMER fails to comply with the conditions of this paragraph 8, CUSTOMER agrees that all claims against DUNBAR relating to any such loss or damage shall be deemed to be waived and released, Within thirty (30) days after the giving of written notice of any claim for loss or damage of the contents of any Sealed Container, CUSTOMER shall furnish to DUNBAR detailed written proof of such loss or damage in form satisfactory to DUNBAR and DUNBAR'S insurer. CUSTOMER agrees to cooperate with and assist DUNBAR and DUNBAR'S insurer in its adjustment of any loss. No action, suit or other proceeding to recover from any such loss or damage shall be maintained against DUNBAR unless CUSTOMER complies with all of the terms and conditions of this CONTRACT, and unless such proceeding is commenced within twelve (12) months of the day of receipt by DUNBAR of the currency, coins and checks giving rise to such suit, action or proceeding. If it is determined that any of the provisions of this paragraph are invalid, then the notice requirements and the time for suit stated herein shall be the shortest limit of time allowable under applicable law. This CONTRACT and all other Transaction Documents and all claims hereunder will be governed by the laws of the State of Texas, and all claims, suits, or proceedings brought against DUNBAR to recover for loss or damage must be brought in a court within the jurisdiction of the State of Texas. 9. LIMITATION ON VALUE OF SHIPMENTS It is expressly agreed by the CUSTOMER that the provisions of this CONTRACT dealing with the limitations on the liability of DUNBAR may not be waived or amended by any employee or agent of DUNBAR, except with the written consent of a corporate officer of DUNBAR. DUNBAR will not be liable for loss or damage to currency, coins or checks consigned to it in excess of the respective Maximum Shipments amount as stated in the Schedule. CUSTOMER understands that additional liability coverage is available and can be adjusted by Addendum executed by the Parties to this CONTRACT. Changes in liability may result in adjustment of fees. 10. FORCE MAJEURE It is understood and agreed that DUNBAR shall not be responsible for any loss or damage caused by hostile or warlike action or any governmental seizure or by atomic weapons, nuclear reaction or radiation or radioactive contamination, whether controlled or uncontrolled, whether such loss be direct or indirect, proximate or remote. The phrase "hostile or warlike action or governmental seizure" is understood by CUSTOMER and DUNBAR to incorporate the provisions of the War Exclusion Clause adopted by the Inland Marine Underwriters and filed by the Inland Marine Insurance Bureau in all states. DUNBAR shall not be liable for nonperformance or delays not caused by its fault or neglect, or for nonperformance or delays caused by strikes, riots, insurrection, acts of God or the public enemy, or means beyond Its control. 11. LIMITATION ON REPRESENTATIONS AND WARRANTIES DUNBAR makes no warranties, express or implied, and expressly disclaims any and all warranties, except as expressly stated herein. 12. INTEREST This Contract is subject to the provisions of the Texas Prompt Payment Act. 13. INCREASES IN FEES/CHARGES DUNBAR shall have the right to increase the charges provided for herein at any time after the second one-year renewal of this CONTRACT upon giving CUSTOMER written notice thirty (30) days in advance of such increase. The Fuel Matrix in Exhibit A is hereby incorporated in the contract. DUNBAR may adjust transportation rates based upon the Fuel Matrix. This Contract includes set up with the depository bank as stated on the Schedule of Service. Any subsequent change or modification to the depository bank will be subject to a change fee of $75.00 perlocation. 14. RECEIPT BOOKS AND SCANNING CARDS DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to the CUSTOMER. Replacement receipt books and scanning cards will be provided at DUNBAR'S standard fees for such supplies. 15. NO OFFSET This Contract is subject to the Texas Prompt Payment Act. 16. RESPONSIBILITIES LIMITED TO TERMS OF CONTRACT CUSTOMER understands and agrees that DUNBAR is entering this CONTRACT to provide services outlined herein subject to the terms and conditions of the Transaction Documents. DUNBAR accepts the duties and responsibilities of this CONTRACT only with the acceptance of and compliance with the terms and conditions of the Transaction Documents. Any claims made by CUSTOMER must be subject to these conditions, whether filed under contract, tort, warranty, strict liability, bailment, conversion, or any other theory of liability. Scrvicc Contract #48000976 DUNCM0213 Page 2 of 8 Proposal ID, 8022 Texas LIC 1.306573 o ACCURACY GUARANTEE DUNBAR guarantees, subject to Section 18 below, that the dollar bills contained in the safe, which is part of the Equipment (each a "Safe") and used in conjunction with Dunbar's armored transportation service in accordance with the terms and conditions herein, shall match the amount of money shown on the Safe's content report at the time of pickup. In cases where more money is counted than reported by the Safe, CUSTOMER shall receive deposit credit for such additional money. This guarantee applies only to monies loaded into and accepted by the Safe's bill validator(s) and specifically does not apply to funds deposited into the envelope drop or funds in the change control system. Furthermore, this guarantee applies only if Sealed Containers are used and the cash is counted and verified by DUNBAR Cash Vault Services. 18. GUARANTEE EXCEPTIONS The guarantee above shall not apply when: there is /u that thSafe has been opened or tamuwithinmenusenceufanemp|oyeeofoumeAn;Na|ectmnicormeckan|ca|fai/uron[thesqu'pment' c) failure of CUSTOMER to follow the procedures as set forth in this CONTRACT and as mutually agreed upon by the parties in writing d) Subsequent Deposit: If DUNBAR is not the final depository, this guarantee will not apply to subsequent verification of currency by any third party. 19. PAYMENTS, BILLING DISPUTES & OBLIGATION TO PAY CUSTOMER Is required to pay DUNBAR for all charges billed to CUSTOMER'S account for services and equipment at the rates set forth in the Schedule and out -of -warranty repairs, after-hours repairs and replacement services (at DUNBAR normal rates), shipping charges (other than by 3rd - day ground), n1'uavgmunu), including any sales or use taxes, access and other fees required by law to be paid on any of numBxK's services, within thirty (30) days after receipt o an invoice from DUNBAR.CUSTOMER HEREBY AGREES THAT IF CVST0s*DOES NOT NOTIFY DUNBAR zmWRITING WITHIN 9ODAYS opAoSpuTsWITH RESPECT TnANY CHARGES ON AN INVOICECUSTOMER vvAIvesCUSTOMER'S RIGHT rODISPUTE THE RESPECTIVE cnAwsss Notwithstanding the foregoing, cUS��E�snb|i u t pay, as and when due, all annountovwmg under this comTnA�Tand all Schedules issued pursuant hereto and to fully discharge and perform all of CUSTOMER's other obligations hereunder and thereunder are and shall be absolute and unconditional in all respects and shall not be subject to any Uclay, abatement, reduction, ,et-nff, uenense, counterclaim or recoupments or any kind for any reason whatsoever. Additionally, this Contract is subject 10 the Texas Prompt Payment Act. zn EQUIPMENT Unless otherwise expressty provided on the Schedute,CUSTOMER understands the equlpment necessary to provide the services and identified in each Schedule is and remains DUNBAR's property (unless sold, transferred or assigned by DUNBAR pursuant to this CONTRACT), and DUNBAR will have sole title to the Equipment during the term of this CONTRACT (unless sold, transferred or assigned by DUNBAR pursuant to this CONTRACT). Customer has not purchased the Equipment and CUSTOMER shall not acquire any right, title or interest in or to such Equipment except the right to use it in accordance with the terms of this CONTRACT and the respective Schedule. CUSTOMER does not own the Equipment, and CUSTOMER will not allow any liens, security interests or encumbrances to be placed on the Equipment. Except as otherwise expressly set forth herein, CUSTOMER shall operate, maintain, service and otherwise repair the Equipment and maintain all records and other materials relating thereto in accordance and consistent with all maintenance and operating manuals, the requirements of all applicable insurance policies, and all applicable laws. CUSTOMER is responsible for any loss of or damage to the Equipment while in CUSTOMER'S possession, and no such loss or damage relieves CUSTOMER from payment and performance obligations under this CONTRACT or any applicable Schedule. DUNBAR will provide routine service and repair of the Equipment during the term of this CONTRACT during normal business hours (8:00 a.m. to 5:00 p.m. local time), Monday through Friday (excluding holidays). After hours assistance shall also be available but additional charges may apply. Telephone assistance shall be made available to the CUSTOMER twenty-four (24) hours per day. DUNBAR shall respond to any request for such service or repair as stated in the Warrantee attached hereto. Return service or repair with parts, if needed, will be provided within (a) twenty-four (24) hours after the original service visit, if the original service visit occurred on Monday through Friday and (b) forty-eight (48) hours after the original service visit if the service visit occurred on a Saturday or Sunday. Routine services and repairs to be provided by DUNBAR under this CONTRACT shall not include any services or repairs arising from (a) damage to the Equipment caused by abuse, neglect or misuse of the Equipment, (b) any unauthorized installation, maintenance, use, repair or adjustment to the Equipment, (c) application software support or excessive support, (d) relocation of the equipment or (e) failure of CUSTOMER to comply with the terms of this Section 21 ("Out of Scope Services"). Additional charges shall apply to Out of Scope Services Unless otherwise expressly provided on the Schedule(s), DUNBAR will also move the Equipment from one location to another during the term of the relevant Schedule, at CUSTOMER's expense, after CUSTOMER has delivered to DUNBAR a written request (a "Relocation Notice") specifying (a) the Equipment to be relocated, (h) the current location of such Equipment, (c) the location to which such Equipment is to be moved and reinstalled (the "New Location") and (4) the date on which such Equipment is to reinstalled at the New Location (the "Relocation Date"); provided, however, in no event shall such Relocation Date be sooner than 30 days after the respective Relocation Notice has been delivered to DUNBAR. Premium charges apply if, at CUSTOMER request, such relocation services are provided after-hours, on weekends or on holidays. CUSTOMER does not have a right to sell, lease, give away, transfer, pledge, mortgage, remove, relocate, upgrade, update, alter, modify or tamper with the Equipment at any time. CUSTOMER shall not disassemble, decompile, copy or reverse engineer the Equipment or otherwise attempt in any way to gain access to or possession or understanding ofthe Equipment source code. If CUSTOMER terminates DUNBAR'S services for any reason (whether voluntary or involuntary), CUSTOMER must return the Equipment to DUNBAR in working order, normal wear and tear excepted. In the event that the Equipment is not returned to DUNBAR within thirty (30) days of the termination, or when returned DUNBAR determines that any of the Equipment is not in working order or otherwise in the condition required hereby, CUSTOMER shall, upon demand, pay to DUNBAR (or its assignee) the present value of all remaining payments to become due under this CONTRACT (or the applicable Schedule) discounted at a rate of 5% per annum and DUNBAR may exercise all right and remedies available at law or in equity. 21. EQUIPMENT SCHEDULE Each Schedule, incorporating the terrns and conditions of this CONTRACT, will constitutea separate instrument. 22. ACCEPTANCE OF EQUIPMENT Upon delivery, CUSTOMER shall inspect andif the Equipment is in good condition repair and operating satisfactorily, accept the Equipment. The Dunbar Cash Manager Safes Installation Sign Off Agreement will evidence CUSTOMER's unconditional and irrevocable acceptance of thcd therein. If CUSTOMER does not object to the condition of the Equipment within seven (7) days after delivethereof, CUSTOMER shall be deemed to have accepted such Equipment. CUSTOMER and DUNBAR agree that the (7) days is a reasonable period of time 10 inspect the Equipment. Service Contract 1480w97o ouNCwmo Page 3 of 8 Proposal ID: 8022 'Texas LIC 806573 23. TAXES AND FEES CUSTOMER is responsible for all taxes, charges and other fees due in connection with Cash Manager Master Services Contract, Schedule, and/or the Equipment. To the extent permitted by applicable law, CUSTOMER agrees to report, file and pay when due to the appropriate governmental agency all taxes and fees relating to this Cash Manager Master Services Contract, Schedule and the Equipment (including sales/use tax, personal property tax, fines and penalties). CUSTOMER shall provide evidence to DUNBAR of the payment of such taxes and fees. If DUNBAR is required by law to pay such taxes or other imposts on CUSTOMER's behalf, CUSTOMER agrees to reimburse DUNBAR upon demand and to pay DUNBAR a processing fee for each payment DUNBAR makes on CUSTOMER's behalf. 24. ASSIGNMENT/TRANSFER CUSTOMER MAY NOT ASSIGN CUSTOMER'S INTEREST IN THIS CONTRACT OR ANY SCHEDULE OR ANY OTHER TRANSACTION DOCUMENT WITHOUT DUNBAR'S PRIOR WRITTEN CONSENT. 25. DEFAULT AND REMEDIES Any of the following events or conditions will constitute a default hereunder (each a "Default"): a) CUSTOMER fails to pay any sum due DUNBAR within ten (10) days after the due date thereof; b) CUSTOMER fails to observe or perform any other term, covenant or condition of this CONTRACT and such failure continues for ten (10) days following the receipt of written notice from DUNBAR; c) the filing by or against CUSTOMER of a petition under the Bankruptcy Code or under any insolvency law providing for the relief of debtors; d) the voluntary or involuntary making of an assignment of a substantial portion of CUSTOMER's assets by CUSTOMER for the benefit of creditors, appointment of a receiver or trustee for CUSTOMER or for CUSTOMER's assets, commencement of any formal or informal proceedings for dissolution, liquidation, settlement of claims against or winding up of CUSTOMER's affairs, or CUSTOMER ceases doing business as a going concern; e) any representation or warranty made by CUSTOMER herein or in any Transaction Document or other document delivered by CUSTOMER in connection herewith will prove to have been misleading or inaccurate in any material respect when made; f) CUSTOMER is in default under any other contract with DUNBAR; g) CUSTOMER sells, leases, transfers, or disposes of substantially all of CUSTOMER's assets or merges or reorganizes without the prior consent of DUNBAR and, if DUNBAR assigned any its rights under this CONTRACT, any assignee of DUNBAR; or h) CUSTOMER creates, incurs, assumes or suffers to exist any lien, pledge or other encumbrance or attachment of any kind whatsoever upon, affecting or with respect to the Equipment or any of DUNBAR'S interest therein. Upon the occurrence of a Default, DUNBAR may, at DUNBAR'S option and without notice to CUSTOMER, a) suspend service; b) require CUSTOMER to pay as liquidated damages and not as a penalty the present value of the remaining balance of the payments due under this CONTRACT, the Schedules and any other Transaction Document, plus all other amounts (including any past due payments) owed to DUNBAR under this CONTRACT, the Schedules and any other Transaction Document, c) regardless of whether such amounts are paid, require CUSTOMER to return the Equipment to DUNBAR, d) cancel this CONTRACT but no such cancellation shall be deemed to occur unless written notice to that express effect is given by DUNBAR to CUSTOMER, e) take immediate possession of any or all of the Equipment without notice or demand and without court order or process, and for such purpose, enter upon any premises without liability for so doing, f) proceed by appropriate action either at law or in equity to enforce performance by CUSTOMER of the applicable covenants of this CONTRACT or recover damages for the breach thereof, and/or g) pursue any other remedy available to DUNBAR at law or in equity. In addition, CUSTOMER agrees to pay DUNBAR all costs and expenses, including reasonable attorney's fees, incurred by DUNBAR, in exercising or attempting to exercise any of DUNBAR'S rights or remedies, plus pay interest at the Default Rate on all amounts owing until paid if so ordered by a court. If this CONTRACT is deemed to create a security interest, DUNBAR'S remedies will include those available under Article 9 of the UCC. A waiver of default shall not be construed as a waiver of any other or subsequent default. The foregoing remedies are cumulative and not exclusive and may be exercised concurrently with one another. CUSTOMER shall remain liable for any deficiency after the exercise of such remedies. DUNBAR shall not be required to mitigate CUSTOMER's damages hereunder. Any amounts to be discounted to present value shall be discounted at a rate of 5% per annum. "Default Rate" shall mean the lesser of (a) 20% per annum or (b) the maximum amount permitted by law. 26. MISCELLANEOUS This contract may be executed by facsimile which will constitute originals for all purposes. All notices to DUNBAR shall be in writing. Section headings and captions in this CONTRACT are for convenience only and shall not affect the construction or interpretation of this CONTRACT. Any provision of this CONTRACT, or of any other Transaction pocument, that Is prohibited by, or unenforceable under, the laws of any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions of this CONTRACT, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, CUSTOMER hereby waives any provision of law which renders any provision of this CONTRACT or any other Transaction Document prohibited or unenforceable in any respect. 27. WAIVER OF JURY TRIAL DUNBAR AND CUSTOMER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH DUNBAR AND/OR CUSTOMER MAY BE PARTIES ARISING OUT OF OR IN ANY WAY PERTAINING TO THIS CONTRACT OR ANY OF THE OTHER TRANSACTION DOCUMENTS. Any claim arising under or related to this CONTRACT or the Equipment will be governed by the laws of the State of Texas and will be adjudicated exclusively in any State or Federal court located in Texas (or the state of DUNBAR 's Assignee, if different). Accepted on behalf of Accepted on behalf of DUNBAR MMORED, INC. City of Corpus Christi Signed by: Seth McElroy Senior Vice yresiden Administration Attachments The Following Attachments arc hereby incorporated in the Contract: Schedule of Service and Service Rates Fuel Matrix Safe Warranty Customer Signature Authorization Service Contract 848000976 DUNCM0213 Page 4 of 8 N A ,0 C. Countersigned by: Seth McElroy Senior Vice Presid t Administration Service Location(s): Loc # Location 3 City of Corpus Christi /Health DepartmenUCirculation Desk 1st Floor. 1702 horned RD. Corpus Christi, TX 78469 Services E N R Equipment C'M2400 Cash Manager Safe Service Days Max Shipments Depository(les) Customer Signature Authorization Pnnt or Type Name Title FEIN Schedule of Rates Texas LIC 806573 Serial Number Q447130382 Cash Manager Safe Wednesday Deposit Pickup Deposit Processing Change Order Delivery Special Trip Cash Checks Wednesday Change Orders On -Call Cash Checks Dunbar EZ -Change Wednesday Change Orders Deposit Venfication Cash Checks $50,000 SAN ANTONIODCVS $3,000 FROST BANK 802 N CARANCAHUA STREET CORPUS CHRISTI. TX 78401 $5,000 SAN ANTONIO DCVS $50,000 SAN ANTONIO DCVS $3,000 FROST BANK 802 N. CARANCAHUA STREET CORPUS CHRISTI, TX 78401 85,000 SAN ANTONIO DCVS $50,000 SAN ANTONIODCVS $3,000 FROST BANK 802 N. CARANCAHUA STREET CORPUS CHRISTI. TX78401 Per Month Per Location Per Holiday Trip Per $1000 Over Stated Liability Per Item Over 2 Per Trip Per Minute Over 5 On Site Included in Monthly Rate Per Special Trip Per $1000 Over Stated Liability Per Item Over 2 Per Trip Per Minute Over 5 On Site Per Roll Of Coin Per Strap Of Currency Per Non -Standard Order Per Returned Order Per Manual Drop Verified 8559.18 $55.00 $0.28 $100 $2.00 $0 00 $55.00 $0.28 51.00 $2.00 $0.0850 $0.6000 $3.7500 $25.0000 $2.50 Holidays On Call Excluding: Thanksgiving, Christmas This Contract includes set up with the depository bank as stated on the Schedule of Service. Any subsequent change or modification to the depository bank will be subject to a change fee of $75.00 per location Service Contract 48000976 Page 5 of 8 DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to theCUSTOMER Replacement receipt books and scanning cards will be provided at DUNBAR's standard fees for suchsupplies. 48000976 Page 6 of 8 Safe Warranty Dunbar Cash Manager Safe equipment is warranted, subject to conditionsset forth below, to be free from defects in materials and workmanship for the term of the contract. If the equipment proves defective, it shall be repaired, or necessary parts replaced, with no charge for parts/labor provided during contractor's normal local business hours while under continuing warranty. The technician will arrive on site within six (6) hours of the Contractual Service Hours. Contractual Service Hours are Monday through Sunday 8:OOAM - 5:00 PM Local time, Federal Holidays excluded. If a part is needed, the technician will order from the Dunbar Inventory to arrive on-site next business day. The Dunbar technician will return to replace the part within six (6) hours of the part arriving on site Monday through Sunday 8:00 AM - 5:00 PM local time. This warranty expressly does not cover printer paper jams. Consumable items (i.e. paper, canisters, bags, keys) are warranted only to the extent that such items are shipped in proper working condition. There is no warranty on canisters or keys. Failure to maintain general upkeep, cleaning, etc. as may be described in the safe manual may result in voiding the warranty. The equipment or any of its electronic or mechanical parts may not be altered or serviced by anyone other than an authorized service agent nor used contrary to instructions or in violation of product manual. See out- of- scope calls below, which shall be the responsibility of safe user and will be billed by Dunbar in the Dunbar monthly invoice. Exclusions: Out -of -Scope Calls Out- of- Scope is defined by calls that are dueto: Corrosion/Liquid Damage Physical Abuse Parts Missing/Stolen Vermin Infestation Safe Upgrades - Upgrades are defined as calls to modify the basic functionality of the safe whether hardware and/or software. Acts of God, Excessive Support Delays, Relocations/Moves, Abuse, Neglect, Accidental damage, orMisuse Safe printer - Manufacturer's warranty applies Page 7 of 8 Texas LIC B06573 AO Sail Mir Exhibit A Proposal ID: 8022 Schedule No. 287793 The Dunbar fuel surcharge matrix is based on benchmark information from the US Energy Information Administration (www.eia.gov) and will be calculated monthly. Fuel Matrix (Monthly Rates) Average Fuel : lx Week 2x Week 3x Week 4x Week 5x Week 6x Week 7x Week $0.00 - $3.99 $8.50 $17.00 $25.50 $34.00 $42.50 $51.00 $59.50 $4.00 - $4.99 $11.00 $22.00 $33.00 $44.00 $55.00 $66.00 $77.00 $5.00 - $5.99 $13.25 $26.50 $39.75 $53.00 $66.25 $79.50 $92.75 Should fuel prices increase above $5.99 per gallon, the fuel matrix will continue with increases consistent with the schedule above. Service Contract: 48000976 Customer Initials Date: Page 8 of 8 Attachment B: Bid/Pricing Schedule Pricing Form- Armored Courier Services RFB 151 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 151 Commodity: Armored Courier Services ITEM DESCRIPTION UNIT QTY Dunbar Armored Hunt Val ey, MD UNIT PRICE EXTENDED PRICE 1 Police Department -321 John Sartain St. Months 12 $345.32 $4,143.84 2 Police Impound Lot -5485 Greenwood Dr. Months 12 $345.32 $4,143.84 Police Impound Lot - 151 Saturday of the Month Days 12 $17.74 $212.88 3 Health Department -1702 Horne Rd. include the pick as follows: • CM2400 Cash Manager Safe Rental Months 12 $559.18 $6,710.16 • Fuel Charge for Safe pickup Week 52 $8.50 $442.00 4 Central Cashiering - City Hall lst Floor, 1201 Leopard St. Months 12 $345.32 $4,143.84 5 Municipal Court -120 N. Chaparral St Months 12 $345.32 $4,143.84 6 Landfill/Solid Waste -7001 Ayers St, Months 12 $345.32 $4,143.84 7 Corpus Christi International Airport. 1000 International Dr Parking Toll Plaza -Parking Lot Exits Months 12 $345.32 $4,143.84 Corpus Christi International Airport Saturdays Days 52 $17.74 $922.48 8 Development Services- 2406 Leopard St. Months 12 $345.32 $4,143.84 Total $37,294.40 This Pricing Form is to be used and will supersede the original pricing structure of services submitted in the initial RFB response. Services from Bid Form for RFB No. 151 Armored Courier Services has been revised to remove pickup location services as follows: Health Department- 1. Administration, 2. Immunization, 3. Vital Statistics, 4. STD Clinic, Laboratory, TB Eliminations; Landfill/Solid Waste- Saturdays and Holidays; and Corpus Christi International Airport- Sunday & all Holidays pickup locations. Bidder has acknowledged and agreed to services and pricing as stated in this bid pricing form. Bidder Signature C6:404 /11e -C11/111)1 Authorized Signature 3-/, Date Attachment B: Bid/ Pricing Schedule Date: August 26, 2096 Bidder: Dunbar Armored, Inc. CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 151 Armored Courier Services Authorized Signature: Slvo PAGE 1 OF 2 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price Police Department - 321 John Sartain St. Months 12 $345.32 $4,143.84 2 Police Impound Lot - 5485 Greenwood Dr. Months 12 $345.32 $4,143.84 Police Impound Lot - 1st Saturday of the Month Days 12 $17.74 $212.88 3 Health Department -1702 Horne Rd. To include the pick- locations for the City Health Department as follows: 1. Administration -10 Floor, Room 12 2. Immunization - 2nd Floor, Room # not assigned 3. Vital Statistics - 1" Floor, Room 21 4. STD Clinic - 1n Floor, Room 134 5. Laboratory -10 Floor, Room # not assigned 6. TB Eliminations -15i Floor, Room 113 Months 12 $1,617.26 $19,407.12 4 Central Cashiering - City Hall 1st Floor, 1201 Leopard St. Months 12 $345.32 $4,143.84 5 Municipal Court-120 N. Chaparral St Months 12 • $345.32 $4,143.84 6 Landfill/Solid Waste-7001 Ayers St. Months 12 $345.32 $4,143.84 Landfill Saturdays Days 52 $17.74 $922.48 Landfill Holidays (Operating Memorial Day, Labor Day, Friday after Thanksgiving) Days 3 $75.00 $225.00 7 Corpus Christi International Airport - 1000 International Dr Parking Toll Plaza-Parking Lot Exits Months 12 $345.32 $4,143.84 Corpus Christi International Airport Saturdays Days 52 $17.74 $922.48 Corpus Christi International Airport Sundays & All Holidays Days 59 $400.00 $23,600.00 8 Development Services- 2406 Leopard St. Months 12 $345.32 $4,143.84 9 Option - Smart Safe Lease Equipment, if available EA 1 See Attached Documents Total $74,296.84 Attachment C: Insurance Requirements 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 Administrator 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 policies by BLANKET endorsement, except in the case of gross negligence and/or willful misconduct on the part of the City, and a waiver of subrogation endorsement is required on GL, AL and WC, if applicable. Endorsement must be provide with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 ARMORED CAR "ALL-RISK" TRANSIT & STORAGE INCLUDING FIDELITY COVERAGE $1,000,000.00 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. 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 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. 2016 Insurance Requirements Purchasing Armored Car Services 7/18/16 my Risk Management Attachment C: Bond Requirements Bonds are not required for this Service Agreement; section 5. (B) is null for this service agreement. Industry Leading Safe Service and Warranty Plan for Cash Manager Safe Dunbar's comprehensive and convenient service plan ensures maximum uptime for your safe. • 6-hour response after opening a service call • Rapid return to service • 100% Parts and Labor warranty for life of Contract (out of Scope not included) • Convenient consistent service- You can focus on your store, not repairing the safe 27 AGENDA MEMORANDUM City Council Meeting of June 20, 2017 DATE: TO: June 14, 2017 Margie C. Rose, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health annetter@cctexas.com 361-826-7205 Corpus Christi Vendor Permits (Revisions of Ordinances 38 & 10) STAFF PRESENTER(S): Name 1. Lauren Rabe OUTSIDE PRESENTER(S): Name None BACKGROUND: Title/Position Department E&CHS Manager Health District Title/Position Organization Corpus Christi — Nueces County Public Health District in consultation with various Community Focus Groups and in collaboration with the following City Departments of Development Services, Traffic Engineering, Parks & Recreation, Marina, Legal, Fire, and Police conducted a study to revise and improve Ordinance 38 (Peddlers, Vendors, Mobile Food Vendors, Itinerant Merchants and Solicitors) to simply the vendor permitting process and expand vending locations to include streets and sidewalks; and Ordinance 10 (Beachfront Management and Construction- Revised Section 10-68: Gulf of Mexico Beach Vending) to include terminology to permit fixed vending sites and mobile food vendors. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Corpus Christi Vendor Permits (Revisions of Ordinance 38 &10) CORPUS CHRISTI VENDOR PERMITS (REVISIONS OF ORDINANCES 38 & 10) City Council Meeting June 20, 2017 OBJECTIVES Ordinance 38 — Peddlers, Vendors, Mobile Food Vendors, Itinerant Merchants and Solicitors ■ Simplify Vendor Permitting Process ■ Expand Vending Locations (Streets & Sidewalks) Ordinance 10 — Beachfront Management and Construction ■ Revised Section 10-68: Gulf of Mexico Beach Vending ■ Includes terminology: permits fixed vending sites and mobile food vendor City Departments Involved Corpus Christi — Nueces County Public Health District Development Services Traffic Engineering Parks & Recreation Marina Legal Fire Police Community Outreach Outreach Communication • Email — 124 vendors • Regular Mail — 64 vendors • Social Media • Press Releases 1St Vendor Focus Group — April 26, 2017 2nd Vendor Focus Group — May 24, 2017 Downtown Management District — January 30, 2017 -Executive Director, Mr. Terry Sweeney Food Service Advisory Committee Board Meeting — February 21, 2017 May 30, 2017 Traffic Advisory Commission Meeting — April 24, 2017 Corpus Christi Vendor Permitting Program Setting up to vend in Corpus Christi is as easy as 1, 2, 3! This packet provides guidance through the process. 1Vendor Application This is the first step that must be completed by all vendors in the City of Corpus Christi, it includes: • Background Check • Doing Business As Certificate • Liability Insurance If you're vending goods, you can vend from Private Property in Commercially Zoned areas throughout the City, with written consent from property owner. If you're vending food, you needto 2 Inspection Process Environmental & Consumer Health Services Division (ECHS) will conduct the Health Inspection for vendors that intend to sell food items (pre- packaged, cooked, or both). Upon inspection approval , a Health Permit will be issued. Guidelines for Health Inspection are located within this section and on the Corpus Christi-Nueces County Public Health District website. A Fire Department Inspection may be required to be completed if the mo- 3 Location License Receiving permits for Steps 1 & 2 give you the ability to vend food from Private Property, in Commercial Zoned areas of the City, withwritten consent from property owner. If you want to vend at a park • Beach • Seawall • Marina • Pilot Program (Streets & Sidewalks) move on to Step 2! bile vending unit has one or more of the following: To schedule a Health Inspection, contact the ECHS Division at (361) 826-7222/7223 or echs@cctexas.com. To schedule a Fire Department Inspec- tion, contact the Fire Department at (361) 826-3930. 1. Propane/propane piping 2. Solid fuels such as wood or char- coal are used 3. The operation involves exposed surface cooking. For more information, please visit the Fire Department website! you'll need to complete an ad- ditional step. Completing Steps 1 & 2 does not guarantee avail - ability or approval for any of the above mentioned locations. Step 3 is further described in this section. Location of Vending Interest Authorizing Department Department Contact Information Parks and Bayfront Seawall City Parks & Recreations Department (361) 826-3411 Gulf Beaches City Parks &Recreations Department (361) 826-3469 Marina City Marina Department (361) 826-3980 County or State Beaches Nueces County Parks Department Padre Bali County Office, 15820 Park Rd 22 Pilot Program Traffic Engineering (361) 826-3547 mit Fee mprehensive urance ty Insurance Vendors: 7:00am-Midnight Peddlers, Commercial Solicitors, & Itinerant Merchants: 9:OOam-6:OOpm (Standard Time); and 9:OOam-7:OOpm (Daylight Savings Time) Frozen Dessert Push Cart Vendors: 10:00am-Sunset Mobile Food Vendors (Private Property): 6:OOa m-3:OOa m **Times vary depending on location license Created "Location License" term which was defined and speci Bayfront Seawall; (vendor types and sizes clearly defined) Designated Parks and Beaches; and Provides option to include additional locations through a Pilot Ordinance 38 Revisions Current Ordinance Proposed Ordinance $25.00/month or $275.00/year Per Person: $100,000 Per Occurrence for Bodily Injury: $300,000 Per Occurrence for Property Damage: $50,000 Not Applicable $75.00/year (starting from permit issuance date) Per Person: $1,000,000 Per Occurrence for Bodily Injury: $1,000,000 Per Occurrence for Property Damage: $1,000,000 Proof of Insurance Coverage nes ense Vendors: 7:00am-Midnight Peddlers, Commercial Solicitors, & Itinerant Merchants: 9:OOam-6:OOpm (during Standard Time); and 9:OOam-7:OOpm (during Daylight Savings Time) "Permit" term used universally throughout Ordinance for multiple activities leading to multiple interpretations from both vendors and staff Bayfront Seawall; (vendors allowed, poorly defined, and size undefined) Designated Parks & Beaches Pilot Program One year program Designated on -street and sidewalk vending locations Includes edible products that are sold in a vending unit City will be able to: • Gather pertinent data • Receive feedback from vendors and community • Adjust operations • Assess designated and additional non -designated areas ECT: EXHIBIT "A'' - SHORELINE BOULEVARD — APPROXIMATELY 115' SOUTH OF INTERSECTION OF PEOPLES STREET T -HEAD (ADJACENT TO SEAWALL SIDEWALK, NORTFBOUND DIRECTION) Traffic Engineering Division Capra! Programs Department Exhibit A Designated Site: Shoreline Boulevarc Description: Approximately 115' Sou Intersection of Peoples St T -Head (Adjacent to Seawall Sidewalk, Northbound Direction Spaces/Area Occupied: 2 Parking Zone (Unmetered) ECT: EXHIBIT "S" - SHORELINE BOULEVARD TWIGG STREET TO TAYLOR STREET (AMERICAN BANK BUILDING SIDEWALK, SOUTHBOUND DIRECTION) Traffic Engineering Drvamn Capra) Programs Department' Exhibit B Designated Site: Shoreline Boulevarc Description: Twigg Street to Taylor 5 - (Adjacent to American Bank Building Southbound Direction) Spaces/Area Occupied: 1 Loading Zone CT: EXHIBIT 'C" - CARANCAHUA STREET - SIDEWALK AT THE INTERSECTION OF LEOPARD STREET AND CARANCAHUA STREET Traffic Engineering Division Capial Programs Departrnen: Exhibit C Designated Site: Carancahua Street Description: Sidewalk at the intersec of Leopard Street and Carancahua St Spaces/Area Occupied: 28 Square Fe Sidewalk ECT: EXHIBIT"D" - CARANCAHUA STREET - BUFFALO STREET TO ANTELOPE STREET (APPROXIMATELY 120' SOUTH OF INTERSECTION OF BUFFALO STREET) Traffic Engineennq Division Capra) Programs Department Exhibit D Designated Site: Carancahua Street Description: Buffalo Street to Antelo Street (Approximately 120' South of Intersection at Buffalo Street) Spaces/Area Occupied: 2 Parking Zone (Metered) C1-: EXHIBIT "E" - CITY HALL PARKING LOT — DRIVE LANE (INTERSECTION OF STAPLES STREET AND LIPAN STREET) '•affc Erciree -rg Di. s or Cav-al Dreg -a s Cepartrier Exhibit E Designated Site: City Hall Parking Lot Description: Drive Lane (Intersection Staples Street and Lipan Street) Spaces/Area Occupied: 2 Drive Lane Vendor Feedback— Focus Group Survey 25 20 15 10 5 0 ■ Retail/Merchandise (Non -Food Items) ■ Food Products (Cooked) M Food Products (Pre-packaged only) Food Products (Cooked & Pre-packaged) Vending Product (s) 30 25 20 15 10 5 0 Current Commercial Insurance Coverage MIL ■ $1,000,000 or more ■ less than $1,000,000 ■ Not Sure 30 25 20 15 10 5 0 Vending Unit(s) ■Truck ■Trailer Hitch Pushcart 35 30 25 20 15 10 5 0 Current Auto Liability Insurance Coverage ■ Yes ■ No Vendor Feedback— Satisfaction Survey Information presented relevant and informative 9 5 0 0 0 Extremely Satisfied Neutral or Not Unsatisfied Extremely Satisfied Applicable Unsatisfied Expectations met at Vendor Focus Group Meetings 6 1 Extremely Satisfied 7 Satisfied 1 . Neutral or Not Applicable 0 0 Unsatisfied Extremely Unsatisfied 8 7 6 5 4 3 2 1 0 7 Presentations easy to understand and well -explained 6 1 0 0 0 Extremely Satisfied Neutral or Not Unsatisfied Extremely Satisfied Applicable Unsatisfied 9 8 7 6 5 4 3 2 1 0 Date, time, and location convenient 8 4 Extremely Satisfied Satisifed 1 . Neutral or Not Applicable 1 Unsatisfied 0 Extremely Unsatisfied Benefits - Consolidated vending application process - Addressed needs of food trucks - Clarified and extended vending times - Streamlined, clarified, and reduced fee structures - Improved background check criteria - Strengthened partnerships with and between community vendors - Pilot program provides opportunities for vending throughout the i and community enrichment 28 NO ATTACHMENT FOR THIS ITEM 29 NO ATTACHMENT FOR THIS ITEM